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76 terms

CRJ Final

STUDY
PLAY
actus reus
guilty act
adversarial system/process
wo-sided structure under which the American criminal trial courts operate that pit's the prosecution against the defense.
direct appeal
when the consequences of error are so significant that appellate courts are mandated to review them as in capital punishment sentences.
discretionary appeal
filed by the appellant based on specific errors in the case.
interlocutory appeal
when a judge's decision so impacts the case in progress that to wait until the end of the trial until the end would significantly violate or damage the case.
assault
an unlawful physical attack on a person, whether aggravated or simple, & includes attempted assaults with or without a weapon, but still excludes rape and attacks involving theft or attempted theft
bail
the money or property pledged to the court or actually deposited with the court to effect the release of a person from legal custody
capital punishment
the most extreme of all sentencing options. The death penalty
caseload
the number of probation or parole clients assigned to one probation or parole officer for supervision
change of venue
the change of setting during a trial.
clearance
can result when law enforcement authorities believe they know whom the perpetrator of a crime is, but cannot make an arrest
concurrent sentencing
two or more sentences imposed at the same time for more than one offense and to be served at the same time
consecutive sentencing
two or more sentences imposed at the same time, which are served in sequence with the other sentence(s)
corpus delicti
"the body of the crime". The facts that show that a crime has occurred
criminal justice system
aggregate of all operating and administrative or technical support agencies that perform criminal justice functions
deadly force
force likely to cause death or great bodily harm
delinquent
a juvenile who has been adjudged by a judicial officer of a juvenile court to have committed a delinquent act
direct evidence
used to prove a fact without having to make an inference; eyewitness testimony accounts for the majority of all direct evidence
discretion
the ability of an individual to use person/professional judgement in handling a situation
discretionary parole
boards grant parole based on their member's assessment of the offender or his or her capability of being successful in the outside world
double jeopardy
a common law and constitutional prohibition against a second trial for the same offense
exculpatory evidence
any information having a tendency to clear a person of guilt or blame
exigent circumstance
situations in which police are allowed to search a structure without a warrant. (when someone is in imminent danger or when there is a possibility of evidence being destroyed)
general deterrence
seeks to prevent others from committing a crime by making an example of another
grass eaters
police who accept bribes
grievance procedure
formalized arrangement, whereby institutionalized individuals have the opportunity to register complaints about the consitutions of their confinement
inchoate crime
an offense not yet completed
indictment
formal written accusation submitted to the court by grand jury
internal affairs
branch of police organization tasked with investigating charges of wrongdoing involving members of the department.
jury selection
the second step during a trial
law enforcement
generic name for the activities of the agencies responsible for maintaining public order and enforcing the law.
mandatory parole
conditional release) legislation that mandates supervised release under specific conditions such as the completion of a percentage of the prison sentence.
mala en se
acts that are considered wrong and convention, as wrong in themselves such as murder, rape, etc
meat eaters
police that initiate bribes
mens rea
guilty mind
murder
the unlawful killing of another human being
operational capacity
number of inmates a prison can effectively accommodate based upon management considerations
parens patriae
common law principle that allows state to take custody of a child when he or she becomes delinquent, is abandoned, or is in need of care that the natural parents are unable or unwilling to provide
prison subculture
the values and behavioral patterns of characteristics of prison inmates
problem police officer
a law enforcer who exhibits problem behavior
reversible error
if a reversible error is identified the lower court may be reversed. The conviction is set aside and there is no further legal action. The lower court decision may be reversed with the case being returned to the trial court for new legal proceedings to correct the errors. The case may be remanded to the trial court without reversing the verdict with instructions for the court to remedy the errors
sexual battery
intentional and wrongful physical contact with a person, without his or her consent, that entails a sexual component or purpose
specific deterrence
seeks to prevent a particular offender from engaging in repeat criminality
treason
a U.S citizen's actions to help a foreign government overthrow, make war against, or seriously injure the United States
uniform crime report
a statistical reporting program run by the FBI's Criminal Justice Information Services (CJIS) division
violence against women act of 1994
rovides financial support for police, prosecutors, and victims' services inn cases involving sexual violence and domestic abuse
voir dire
the process through which prospective jurors are questioned to determine if they are unbiased and can be impartial during the trial
Zebulon Brockway
appointed warden of the Elmira Reformatory in New York in 1876. Brockway established a two-prong system for managing prison populations and preparing inmates for release
community era
(1970-present)focus was on integrating the police with the community in the form of partnership.
political era
(1840-1930)represented close ties between law enforcement and public officials
reform era
(1930-1970occurred when citizens called for reform and the removal of politics from law enforcement
legalistic
characteristic of the reform era of police administration. Committed to enforcing the "letter of the law" by making numerous arrests for all types of criminal behavior.
service
characteristic of the community era where problem solving is emphasized
watchmen
characteristic of political era of policing. Focuses n "order maintenance"
industrial era
(1890-1935) goal was to maximize use of the offender's labor during imprisonment
treatment era
(1945-1967) development of behavioral techniques like treatment. Treatment was based on the "medical model"
just desserts era
(1995-present) contemporary model of imprisonment in which the principle of just desserts forms the underlying social philosophy
warehousing era
(1980-1995)public disappointment with the community-based model and high rates of recidivism led to the warehousing era.
recidivism
the commission of another crime by an individual who has previously been convicted of a crime
Hamilton vs. Schiriro
(1996) supreme court case that allowed Native American inmates the right to sweat lodges
In re gault
(1967)upreme court case that confirmed a juvenile's right to due process during confinement
Kent vs. United States
(1967) supreme court case that established the following rights for juveniles being transferred to adult court: right to a transfer hearing, right to be present at a waiver hearing, right to have attorney review reports, judge must state the reasons for transfer
arrest warrant identification
the individual must be identified clearly and completely, and the connection to the crime must be made
bill of rights declaration
declaration of individual rights
Chicago, Illinois
City and state of the first comprehensive juvenile court in 1899
clerk of court responsibilities
maintains all records of criminal cases, issues summons, prepares the jury pool, subpoenas witnesses, marks physical evidence, and maintain custody of evidence
court reporter responsibilities
creates a written record of all that occurs during a trial. Also, called court stenographer or recorder
elements of a valid warrant
Neutral magistrate, probable cause, and particularity
fifth amendment protections
protects subjects from incriminating themselves, double jeopardy, or for a defendant being deprived of life, liberty, property or without due process of law.
judicial responsibilities
managing daily activities of court offices, including daily office routines. Managing staff and determining need for new staff. Overseeing court activities, and training subordinate judges
20 %
Percentage of total sentenced American inmate population that is considered older
purpose of the closing statement
to summarize the proceeding and draw a conclusion
1960s
Time period ending "hands off" doctrine
types intermediate sanctions
split sentencing, shock probation/parole, shock incarceration, mixed sentencing, community service, intensive supervision, home confinement, and electronic monitoring
types of prison capacities
design capacity, rated capacity, and operational capacity
5th 6th 14th
U.S Constitution Amendments that guarantee due process