Criminal Justice Final Note Cards
Terms
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- Uniform Crime Report: the official crime data collected by the FBI from local police departments
- UCR part one
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1:celebrated cases
-wealthy or famous persons Ex: OJ simpson
2: serious felonies
-rape, robberies, and burglaries
3: less serious felonies
-young, first time offenders, rape victim went on dates
4: misdemeanors
-shoplifting, disordely - Wedding Cake Model
- a crime control policy that depends on the fear of criminal penalties
- General Deterrence
- the view that crime is a product of three everyday factors: motivated offenders, suitable targets, and a lack of capable guardians
- routine activities theory
- a guilty mind: the intent to commit a criminal act
- mens rea
- an illegal act, or failure to act when legally required
- actus reus
- the decision by a prosecutor to drop a case after a complaint has been made because of, for example, insufficient evidence, witness reluctance to testify, police error, or office policy
- nolle prosequi
- The process in which a potential jury panel is questioned by the prosecution and the defense to select jurors who are unbiased and objective
- voir dire
- An order of a superior court requesting that a record of an inferior court (or administrative body) be brought forward for review or inspection
- Writ of Certiorari
- To stand by deciding cases: the legal principle by which the decision or holding in an earlier case becomes the standard by which subsequent similar cases are judged.
- stare decisis
- when a law enforcement agent includes a person to commit an offense which the person would otherwise have been unlikely to commit
- entrapment
- grounds or fields attached to a house
- curtilage
- a more serious crime that carries a penalty of incarceration in a state or federal prison, usually for one year or more
- felony
- Federal Bureau of Investigation: The arm of the Justice Department that investigates violations of federal law, gathers crime statistics, runs a comprehensive crime laboratory, and helps train local law enforcement officers
- FBI
- An emperiment that was directed at restricting the carring of guns in high risk places at high risk times
- Kansas City Patrol Experiment
- Evidence that is in plain view of police officers may be seized without a search warrant
- Plain View Doctrine
- the principle that evidence amy be used in a criminal trial even though the search warrant used to obtain it was technically faulty, so long as the police acted in good faith when they sought the warrant from a judge
- good faith exception
- A perspective on justice that views the main goal of the criminal justice system to be a systematic response to wrongdoing that emphasizes healing the wounds of victims, offenders, and communities caused or revealed by crime. It stresses noncoercive and h
- restorative justice perspective
- an order issued by a judge, directing officers to conduct a search of specified premises for specified objects or persons and to bring them before the court
- search warrant
- Crimes that involve the violations of rules that coltrol business enterprize; they can include employee pilferage, bribery, commodities, law violations, mail fraud, computer fraud, environmental law violations, embezzlement, internet scams, extortion, for
- White Collar Crime
- a body of specific rules that declare what conduct is criminal and prescribe the punishment to be imposed for such conduct
- substantive criminal law
- A style of police management that stresses proactive problem solving instead of reactive crime fighting
- problem oriented policing (POP)
- the working personalities adopted by police officers that can range from being a social worker in blue to a hard charging crime fighter
- Police styles
- a term used to describe a police officer who actively solicits bribes and vigorously engages in corrupt practices
- meat eater
- an attorney employed by the government to represent criminal defendants that cannot afford to pay for a laywer
- Public defender
- a plea of no contest; a defendant submits to sentencing without any formal admission of guilt that could be used against him or her in a subsequent civil suit
- Nolo Contendere
- criminal sanction that requires the offender to repay the victim or society, or both for damage caused by the criminal act
- restitution
- assigning probationers to a level and type of supervision based on their particular needs and the risks they pose for the community
- risk classification
- a sentence entailing the conditional release of a convicted offender into the community under the supervision of the court, subject to certain conditions for a specified time
- Probation
- electronic equiptment that enables probation officers to monitor the location of those under house arrest or other forms of supervision
- electronic monitoring (em)
- repitition of criminal behavior: habitual criminality
- recidivism
- assimilation into the seperate culture in the prison that has its own rewards and behaviors
- prisonization
- the early release of a prisoner from incarceration subject to conditions set by a parole board
- parole
- a high security prison in which inmates are kept in solitary confinement up to 23 hours per day
- supermax prison
- a regimented dehumanizing institution such as a prison, in which like situated people are kept in social isolation, cut off from the world at large
- total institution
- Is developed by judges through decisions of courts and similar tribunals, rather than through legislative statutes or executive branch action
- Common Law
- The act of removing or seperating, or seizing anything from the possession of its owner under process of law for the benifit of creditors or the state
- Sequestration
- The standard or proof required in most criminal cases within an adversarial system
- Reasonable doubt
- A person who murders three or more people over a period of more than 30 days with a "cooling off" period between each murder, and whose modivation for killing is largely based on psychological gradification
- Serial murder
- Possible defenses by excuse, an informative defense by which defendants argue that they should not be held criminally liable for breaking the law because they were leagally insane at the time of the commission of elegid events
- Insanity defense
- A procedural defense that forbids a defendant from bein gtried twice for the same crime on the same set of facts
- Double jeopardy
- Protects against abuse of government authority in legal procedure
- Fifth Amendment
- The process by which American courts have applied portions of the US bill of rights to the states
- Incorporation doctrine
- An agreement in a criminal case where by the prosecutor offers the defendant the oppurtunity to plead guilty, usually to a lesser charge or to the original criminal charge with the recommendation of a lighter than the max sentence
- Charge Bargaining
- Crimes consisting of rape, murder, burglary, armed robbery,
- Serious Felonies
- A person who seeks to influence a group to adopt or maintain a norm. EX: MADD
- Moral Entreprenuar
- Calculated by deviding the number of crimes that are "cleared" (due to a charge being laid) by the total number of crimes recorded
- Clearamce rate
- The part of the bill of rights which prohibits teh federal gov. from imposing excessive bail, excessive fines, or cruel and unusual punishment
- eighth amendment
- Holds that deviance is not inherrit to an act, but instead focuses on the linguistic tendancy of majorities to negatively label minorities or those seen as devient from norms.
- Labeling theory
- A lesser criminal act than a felony but more sever than an infraction, mostly punished with monitary fines
- Misdemeanor
- Guards against unreasonable search and seizures
- Fourth amendment
- Sets forth rights related to criminal prosecutions
- Sixth amendment
- To head the national committee on law observation and enforcement. The commission was an eleven member group charged with identifying the causes of criminal activity and to make recommendations for aopropriate public policy
- Wickersham Commission
- Searches made by the US law enforcement personnel based on the consent of the individual whose person or property is being searched
- Consent search
- Protects persons from harming themselves, or from being harmed by the judicial system
- Writ of habeas corpus
- A legal term referring to the investigation into teh history of person convicted of a crime before sentenceing to determine if there are extenuating circumstances which should ameliorate teh sentencce or a history of criminal behavior to increase the hars
- presentence investigation report
- A form of unequal treatment that is often of unexplained cause and is at least incongrous, unfair and disadvantaging in consequence
- sentencing disparity
- a political maxium which states that no layer of gov should take any action that exceeds that which is necessary to achieve the objective of gov reguardless of intent of object
- proportionality principle
- term used to describe the confiscation of assets, by the state, which are either (a) the proceeds of crime or (b) the instrumentalities of crime, and more recently, terrorism.
- criminal forfeiture
- a right in jury selection for the defense and prosecution to reject a certain number of potential jurors who appear to have an unfavorable bias without having to give any reason.
- peremptory challange
- a United States court case, which eventually came before the Supreme Court of the United States, that Dan T. Coenen describes as being the “most far-reaching post-Gregg challenge to capital sentencing.â€
- McClesky vs. Kemp
- a scheduled extended visit during which an inmate of a prison is permitted to spend several hours or days in private, usually with a legal spouse
- conjugal visit
- the set of legal rules that jurors should follow when the jury is deciding a civil or criminal case
- jury instructions
- In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own attorneys.
- Gideon vs. Wainwright
- miranda rights trial. To prove that defendant was told their rights
- miranda vs arizona
- the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in criminal prosecutions in state courts, as well as federal courts
- Mapp vs ohio
- the United States Supreme Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment.[1] It also set forth the exclusionary rule that prohibits admission of illegally obtained evi
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weeks vs united states
- the laws that set out the basic rules of practice in the criminal justice system
- Procedural criminal law
- initial trial court appearance at which the accused is read the charges, advices of his or her rights, and asked to enter a plea
- arraignment
- a prison system, developed in New York during the 19th century, based on group work during the day and separation at night.
- auburn system
- role of the police as maintainers of community order and safety
- broken windows theory
- a short-term militaristic correctional facility in which inmates, usually young first time offenders, undergo intense physical conditioning and discipline
- boot camp
- the belief that capital punishment creates an atmosphere of brutality, reinforces the view that violence us an appropirate response to provocation, and thus encourages rather than deters the criminal use of violence
- brutalization effect
- the grounds or fields attached to a house
- curtilage
- a sworn written statement addressed to a court or judge by the police, prosecutor, or individual alleging that an individual has committed an offense and requesting indictment and prosecution
- complaint
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the ideas that crime can be prevented or displaced though the use of residential architectural designs that reduce criminal opportunity.
EX: Well lit housing projects that maximize survlance - Defensiable space
- all parties in the adversary process working together in a cooperative effort to settle cases with the least amount of effort or conflict
- Courtroom work group
- a model of criminal justice that emphasized the control of dangerous offenders and the protection of society through harsh punishment as a deterrent to crime
- crime control perspective
- programs designed to bring the police and the public closer together and create a more cooperative working environment between them
- Community oriented policing (COP)
- a criminal violation usually one that indangers the public welfare, that is defined by the act itself, irrespective of intent
- strict liability crime
- treatment that degrades human dignity =, is disproportionately severe, or shocks the general conscience; it is prohibited by the 8th amendment
- cruel and unusual punishment
- a form of adaptation to prisons used by women. This group contains masculine and feminine figures acting as fathers and mothers and any other family member, including children
- make-believe families
- according to nicholas alex, the social burden that african american police officers carry by being both minority-group members and law enforcement officers
- double marginality
- a model of criminal justice that emphasizes individual rights and constitutional safeguards against arbitrary or unfair judicial or administrative proceedings
- due process perspective
- the principle that prohibits using illegally obtained evidence in a trial
- Exclusionary rule
- a group of citizens chosen to hear charges against persons acused of crime and to determine whether there is sufficient evidence to bring the persons to trial
- grand jury
- a term used for a police officer who accepts payoffs when everyday duties place him or her in a position to be solicited by the public
- grass eaters
- criminal acts directed toward a particular person or members of a group targeted because of their racial, ethics, religous or gender characteristics
- hate crime
- a written accusation returned by a grand jury, charging an individual with a specified crime after determination of probable cause
- indictment
- the policy of keeping dangerous criminals in confinement to eliminate the risk of their repeating the offense in society
- incapacitation
- a group of punishments falling between probation and prison; community based sanctions including house arrest and intensive supervision
- intermediate sanctions