Part 1: The Nature of Crime, Law, & Criminal Justice

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Part 1 Chapter 1 1. Myth vs Reality 2. Developing the Criminal Justice System A. The Modern Era of Justice B. Federal Involvement in the Criminal Justice 3. The Contemporary Criminal Justice 4. The Formal Criminal Justice Process A. The Criminal Justice Assembly Line 5. The Informal Criminal Justice Process A. The "Wedding Cake" Model of Justice 6. Perspectives on Justice A. Crime Control Perspective B. Rehabilitation Perspective C. Due Process Perspective D. Nonintervention Pe…

Consensus View of Crime

The majority of citizen's in society share common ideals and work toward a common good. Crimes are acts that are outlawed because they conflict with the rules of the majority and are harmful to society.

Conflict View of Crime

The law is controlled by the rich and powerful who shape its content to ensure their continued economic domination of society. The crimina justice system is an instrument of social and economic repression.

Interactionist View of Crime

Criminal law reflects the values of people who use their social and political power to shape the legal system.

Moral Entrepreneurs

People who wage moral crusades to control criminal law so that it reflects their own personal values.

Crime

A violation of societal rules of behavior as interpreted and expressed by a criminal legal code created by people holding social and political power. Individuals who violate these rules are subject to sanctions by state authority, social stigma, and loss of status.

Uniform Crime Reports (UCR)

The FBI's yearly publication of where, when, and how much serious crime occurred in the prior years.

Official Crime Statistics

Compiled by the FBI in its Uniform Crime Reports, these are a tally of serious crimes reported to police agencies each year.

Part I Crimes

The eight crimes for which, because of their seriousness and frequency, the FBI reports their incidence in its annual Uniform Crime Reports. The Part I crimes are murder, rape, assault, robbery, burglary, arson, larceny, and motor vehicle theft.

Part II Crimes

All other crimes except the eight Part I crimes. The FBI records all arrest made for Part II crimes, including race, gender, and age information.

National Crime Victimization Survey (NCVS)

The ongoing victimization study conducted jointly by the Justice Department and the U.S. Census Bureau that surveys victims about their experiences with law violation.

Self-Report Survey

A research approach that requires subjects to reveal their own participation in delinquent or criminal acts.

Racial Threat Hypothesis

The view the percentage of minorities in the population shapes the level of police activity.

Relative Deprivation

The view that extreme social and economic differences among people living in the same community exacerbate criminal activity.

Broken Windows Hypothesis

The view that deteriorated communities attract criminal activity.

Chronic Offender

A delinquent offender who is arrested five or more times before he or she is 18 and who stands a good chance of becoming an adult criminal; these offenders are responsible for more than half of all serious crimes.

Rational Choice Theory

People will engage in delinquent and criminal behavior after weighing the consequences and benefits of their actions. Delinquent behavior is a rational choice made by a motivated offender who perceives the chances of gain as outweighing any perceived punishment or loss.

Biosocial Theory

Human behavior is a function of the interaction of biochemical, neurological, and genetic factors with environmental stimuli.

Psychodynamic View

Criminals are driven by unconscious thought patterns, developed in early childhood, that control behaviors over the life course.

Bipolar Disorder

A psychological condition marked by mood swings between periods of wild elation and deep depression.

Social Learning Theory

Behavior patterns are modeled and learned in interactions with others.

Antisocial (Sociopathic, psychopathic) Personality

Individuals who are always in trouble and do not learn from either experience or punishment. They are loners who engage in frequent callous and hedonistic behaviors are emotionally immature, and empathy.

Social Structure Theory

A person's position in the social structure controls his or her behavior. Those in the lowest socioeconomic tier are more likely to succumb to crime-promoting elements in their environment, whereas those in the highest tier enjoy social and economic advantages that insulate them from crime-producing forces.

Culture of Poverty

The crushing lifestyle of slum areas produces a culture of poverty, passed from one generation to the next, marked by apathy, cynicism, feelings of helplessness, and mistrust of social institutions, such as schools, government agencies, and the police.

Subculture

A substratum of society that maintains a unique set of values and beliefs.

Cultural Transmission

The passing of cultural values from one generation to the next.

Social Process Theory

An individual's behavior is shaped by interactions with key social institutions--family, school, peer group, and the like.

Social Conflict Theory

Human behavior is shaped by interpersonal conflict, and those who maintain social power use it to further their own interest.

Developmental Theory

Social interactions that are developed over the life course shape behavior. Some interactions (such as involvement with deviant peers) encourage laws violations, whereas other (such as marriage and military service) may help people desist from crime.

Substantive Criminal Law

A body of specific rules that declare what conduct is criminal and prescribe the punishment to be imposed for such conduct

Criminal Procedure

The rules and laws that define the operation of criminal proceedings. Procedure law describes the methods that must be followed in obtaining: warrants, investigating offenses, effecting lawful arrests, conducting trials, introducing evidence, sentencing convicted offenders, and reviewing cases by appellate courts.

Civil law

All law that is not criminal, including the law of torts (personal wrongs) and contract, property, maritime, and commercial law.

Tort

A personal injury or wrong for which an action for damages may be brought.

Public Law

The branch of law that deals with the state of government and its relationships with individuals or other governments.

Lex Talionis

Latin for "law as retaliation." From Hammurabi's ancient legal code, the belief that the purpose of the law is to provide retaliation for an offended party and that the punishment should fit the crime.

Stare Decisis

Latin for "to stand by decided cases." The legal principle by which the decision or holding in an earlier case becomes the standard by which the subsequent similar cases are judged.

Common Law

Early english law, developed by judges, that incorporated Anglo-Saxon tribal custom, feudal rules, and practices, and the everyday rules of behavior of local villages. Common law became the standardized law of the land in England and eventually formed the basis for the criminal law in the United States.

Mala in Se

A term that refers to the acts that society considers inherently evil, such as murder and rape, and that violate the basic principles of Judeo-Christian morality.

Mala Prohibitum

Crimes created by legislative bodies that reflect prevailing moral beliefs and practices.

Felony

A more serious offense that carries a penalty of incarceration in a state prison, usually one year or more. Persons convicted of felony offenses lose such rights as the right to vote, hold elective office, or maintain certain licenses.

Misdemeanor

A minor crime usually punished by less than one year's imprisonment in a local institution, such as county jail.

Actus Reus

An Illegal act. The actus reus can be an affirmative act, such as taking money or shooting someone, or a failure to act, such as failing to take proper precautions while driving a car.

Mens Rea

Guilty mind. The mental element of a crime or the intent to commit a criminal act.

Strict Liability Crime

Illegal act whose elements do not contain the need for intent, or means rea; usually, an act that endangers the public welfare, such as illegal dumping of toxic wastes.

Insanity

A legal defense that maintains a defendant was incapable of forming criminal intent because he or she suffers from a defect of some reason or mental illness.

Self-Defense

A legal defense in which defendants claim that their behavior was legally justified by the necessity to protect their own life and property, or that another victim, from potential harm.

Entrapment

A criminal defense that maintains the police originated the criminal idea or initiated the criminal action.

Obitiatry

Helping people take their own lives.

Stalking

The willful, malicious, and repeated following and harassing of another person.

USA Patriot Act (USAPA)

A law designed to grant new powers to domestic law enforcement and international intelligence agencies in an effort to fight terrorism.

Bill Of Rights

The first 10 amendments to the U.S. Constitution.

Exclusionary Rule

Evidence seized in violation of the Fourth Amendment cannot be used in a court of law.

Criminal Justice System

The law enforcement, court, and correctional agencies that work together to effect the apprehension, prosecution, and control of criminal offenders. The justice system is responsible for maintaining order, enforcing the law, identifying transgressors, bringing the guilty to justice, and treating the criminal behavior.

Criminal Justice Process

The decision-making points, from the initial investigation or arrest by police to the eventual release of the offender and his or her reentry into society; the various sequential criminal justice stages through which the offender passes.

Law Enforcement Assistance Administration (LEAA)

Funded by the federal government's Safe Street Act, this agency provided technical assistance and hundreds of millions of dollars in aid to local and state justice agencies between 1969 and 1982.

Social Control

The control of an individual's behavior by social and institutional forces in society.

In-Presence Requirement

The condition that in order to make an arrest in a misdemeanor, the arresting officer must have personally witnessed the crime being committed.

Nolle Prosequi

The term used when a prosecutor decides to drop a case after a complaint has been formally made. Reasons for this include evidence insufficiency, reluctance of witnesses to testify, police error, and office policy.

Grand Jury

A type of jury responsible for investigating alleged crimes, examining evidence, and issuing indictments.

True Bill of Indictment

A written statement charging a defendant with the commission of a crime, drawn up by a prosecuting attorney and considered by a grand jury. If the grand jury finds sufficient evidence to support to indictment, it will issue this.

Information

Charging document filed by the prosecution that forms the basis of the preliminary hearing.

Probable Cause Hearing

Term used in some jurisdictions for a preliminary hearing to show cause to bring a case to trial.

The Formal Criminal Justice Process

1. Initial Contact
2. Investigation
3. Arrest
4. Custody
5. Charging
6. Preliminary Hearing/ Grand Jury
7. Arraignment
8. Bail/ Detention
9. Plea Bargaining
10. Trail/ Adjudication
11. Sentencing/ Disposition
12. Appeal/ Postconviction Remedies
13. Correctional Treatment
14. Release
15. Post Release

The System: Agencies of Crime Control
1. Police

The Process:
1. Initial Contact
2. Investigation
3. Arrest
4. Custody

The System: Agencies of Crime Control
2. Prosecution and Defense

The Process:
5. Complaint/ Charging
6. Preliminary Hearing/ Grand Jury
7. Arraignment
8. Bail/ Detention
9. Plea Bargaining/ Plea Negotiations

The System: Agencies of Crime Control
3. Court

The Process:
10. Trail/ Adjudication
11. Sentencing/ Disposition
12. Appeal/ Postconviction Remedies

The System: Agencies of Crime Control
4. Corrections

The Process:
13. Correctional Treatment
14. Release
15. Post Release

Courtroom Work Group

The phrase used to indicate that all parties in the adversary process work together and cooperatively to settle cases with the least amount of effort and conflict.

The Criminal Justice "Wedding Cake"

1. Celebrated Cases
2. Serious Felonies
3. Less Serious Felonies
4. Misdemeanors

Crime Control Perspective

A model of criminal justice that emphasizes the control of dangerous offenders and the protection of society. Its advocates call for harsh punishments as deterrent to crime and support availability of the death penalty.

Rehabilitation Perspective

The view that the primary purpose of criminal justice is helping to care for people who cannot manage themselves. Crime is an expression of frustration and anger created by social inequality and can be controlled by giving people the means to improve their lifestyle through conventional endeavors.

Due Process Perspective

A basic constitutional principle based on the concept of an individual's expectations of civil rights and justice and the complementary concept of limitation on governmental power; it is safeguard against arbitrary and unfair state procedures in judicial or administrative proceedings. Embodied in the due process concept are the basic right of a defendant in criminal proceedings and the requirements for a fair trail.

Nonintervention Perspective

A view of criminal justice that emphasizes the least intrusive treatment possible. Among its central policies are decarceration, diversion, and decriminalization. In other words, less is better.

Decriminalization

Reducing the penalty for a criminal act, but not actually legalizing it.

Legalization

The removal of all criminal penalties from a previously outlawed act.

Deinstitutionalization

The policy of removing as many offenders as possible from secure confinement and treating them in the community.

Pretrail Diversion

A program that provides nonpunitive, community-based alternatives to more intrusive forms of punishment such as jail or prison.

Widening the Net of Justice

The view that programs designed to divert offenders from the justice system actually enmesh them further in the process by substituting more intrusive treatment programs for less intrusive punishment-oriented outcomes.

Equal Justice Perspective

The view that all people should be treated equally before the law. Equality may be best achieved through individual discretion in the justice process.

Truth-in-Sentencing Laws

A sentencing scheme requiring that offenders serve at least 85% of their original sentence before being eligible for parole or other forms of early release.

Restorative Justice Perspective

A view of criminal justice that advocates peaceful solutions and mediation rather than coercive punishments.

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