Criminal Justice exam 1

Control theory

describes criminal behavior as a natural outcome of peoples desire to seek pleasure in the absence of effective social controls

Federalism

divides powers between a national government and government of smaller geographic territories, which divides powers between the federal government and other government entities including state and local governments

Actus reus

an act that accompanies ones intent to commit a crime

Mens rea

the purposeful intention to commit a criminal act

Legal jurisdiction

the authority to make legal decisions and judgments, often based on geographic area (territory) or the type of case in question

Procedural law

rules that set forth how substantive laws are to be enforced, such as those covering arrest, search, and seizure

Acquittal

a court or Jurys judgment or verdict of not guilty of the offenses charged

Adjudication

the legal resolution of a dispute by a judge or jury

Prosecution

the brining of charges against an individual, based on probable cause, so as to bring the matter before a court

Arrest

the taking into custody or detaining of one who is suspected of committing a crime

Substantive law

the body of law that spells out the elements of criminal acts

Mitigating circumstances

circumstances that would tend to lessen the severity of the sentence, such as ones youthfulness

Aggravating circumstances

elements of a crime that enhances seriousness, such as the infliction of torture, killing of a police or corrections officer, and so on

Criminal justice flow and process

the movement of defendants and cases through the criminal justice process, beginning with the commission of a crime and including stages that involve actions of criminal justice actors working with police, court, and correctional agencies

Discretion

authority to make decisions in enforcing the law based on ones observations and judgment rather than the letter of the law

Due process model

a model by Packer that advocates defendants presumption of innocence, protection of suspects rights, and limitations placed on police powers to avoid convicting innocent persons

Crime control model

a model by Packer that emphasizes law and order and argues that every effort must be made to suppress crime and to try, convict, and incarcerate offenders

Conflict theory of justice

explains how powerful groups create laws to protect their values and interests in diverse societies

Consensus theory of justice

explains how a society creates laws as a result of common interests and values, which develop largely because people experience similar socialization

Three-strikes law

a crime control strategy whereby someone who commits three or more violent offenses will be sentenced to a lengthy term in prison, usually 25 years to life

Noble cause corruption

a situation in which one commits an unethical act but for the greater good

Slippery slope

the idea that a small first step can lead to more serious behaviors

Accepted lying

police activities intended to apprehend or entrap suspects, generally considered to be trickery

Deviant lying

occasions when officers commit perjury to convict suspects or are deceptive about some activity that’s legal or unacceptable to the department or public in general

Gratuities

the recipes of some benefit, either for free or for a reduced price

Model code of judicial conduct

adopted by the House of Delegates of the American Bar Association in 1990, it provides a set of ethical principles and guidelines for judges

Indeterminate sentence

a scheme whereby one is sentenced for a flexible time period so as to be released when rehabilitated or when the opportunity for rehabilitation is presented

Parole

early release from prison with conditions attached and under supervision of a parole agency

Determinate sentence

a specific fixed period sentence ordered by a court

Wedding cake model of criminal justice

a 4-tier hierarchy exists with a few celebrated cases as the top and lower tiers increasing in size as the seriousness of cases declines and informal processes become more likely to occur

Ethics

a set of rules or values that spells out appropriate human conduct

Sanction

a penalty or punishment

Criminal law

the body of law that defines criminal offenses and prescribe punishments for their infractions

Utilitarianism

in ethics, a belief that the proper course of action is that which maximizes utility, usually defined as that which maximizes happiness and minimizes suffering

Whistleblower protection act

a federal law prohibiting reprisal against employees who reveal information concerning violations of law, rules or regulations, gross mismanagement or waste of funds, an abuse of authority, and so on

Felonies

a serious offense with a possible sentence of more than a year in prison

Misdemeanor

a lesser offense, punishable by a fine or up to a year in local jail

White collar crime

crimes committed by wealthy or powerful individuals in the course of their professions or occupations

Organized crime

crimes committed by members of illegal organizations

Uniform crime reports

published annually by the FBI, each report describes the nature of crime as reported by law enforcement agencies

Crime rate

the number of reported crimes divided by the population of the jurisdiction and multiplied by 100,000 persons

Classical school

a perspective indicating that people have free will to choose between criminal and lawful behavior and that crime can be controlled by sanctions and should be proportionate to the offense

Neoclassical conditioning

an approach to crime that is grounded in the concept of rational choice but that views the accused as expedition from conviction if circumstances prevented the exercise of free will

Positivist school

argues science can be used to discover the true causes of crime which include factors outside of offenders control

Dual hazard prediction

the argument that people are most likely to engage in criminal behavior if they have trans associated with crime and are raised in environments conductive to criminal behavior

Civil law

a generic term for all noncriminal law usually related to settling disputes between private citizens, governmental and/or business entities

Social disorganization theory

a theory maintaining that neighborhood characteristics, including poverty, racial transiency, break down social controls and lead to criminal behavior

Strain theory

argues criminal behavior is caused by feelings of strain, which occur when people believe that legitimate means of achieving success are not accessible to them

Deontological ethics

ones duty to act

Situational crime prevention

maintaining that crimes will occur if they are easy to commit, carry low risk, provide large rewards, provoke people, and are excusable, as judged by a wide range of potential offenders

Routine activity theory

explains the elements necessary for a crime to occur, as well as the types of controllers who can block criminal opportunities

Feminist theory

explains how gender inequality affects female offending and justice system responses to crimes committed by females

Relative ethics

the gray area of ethics that is not so clear cut

Social conflict theory

explains crime as an outcome of conflicting interests between groups in society and dominant groups attempts to control and exploit groups with less power

Conviction

the legal finding, by a judge or jury or through a guilty plea, that a criminal defendant is guilty

Absolute ethics

type of ethics where there are only two sides- good and bad

Burden of proof

the requirement that the state must meet to introduce evidence or establish facts

Labeling theory

a theory contending that labeling a person as deviant or criminal makes that perso