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45 Cards in this Set
- Front
- Back
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Individual Rights Advocates
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One who seeks to protect personal freedoms within the process of criminal justice.
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social justice
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an ideal that embraces all aspects of civilized life and that is linked to fundamental notionsof fairness and to cultural beliefs about right and wrong.
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criminal justice system
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The aggregate of all operating and administrative or technical support agencies that perform criminal justice functions. The basic divisions of the operational aspects of criminal justice are law enforcement courts, and corrections.
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civil justice
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The civil law, the law of civil procedure, and the array of procedures and activities having to do with private rights and remedies sought by civil action.
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Public Order Advocates
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one who believes that under certain circumstances invovling a criminal threat to public safety, the interests of society should take precedence over individual rights.
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Consensus Model
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A criminal justice perspective that assumes that the system's components work together harmoniously to achieve the social product we call justice.
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Conflict Model
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A criminal justice perspective that assumes that the system's components function primarily to serve their own interests. According to this theorietical framework, justice is more a product of conflicts among agencies within the system than it is the result of cooperation among component agencies.
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probable cause
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A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular other person has committed a specific crime. Also, reasonable grounds to make or belive an accusation. .......... refers to the necessary level of belief that would allow for police seixures (arrests) of individuals and full searches of dwellings, vehicles, and possessions.
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information
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A formal, written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense.
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grand jury
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A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether there is sufficient evidence to bring the accused person to trial, to investigate criminal activity generally, or to investigate the conduct of a public agency or official.
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indictment
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A formal, written accusation submitted to the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony.
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procedural law
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The part of the law that specifies the methods to be used in enforcing substantive law.
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precedent
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A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases.
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due process
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A right guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the U.S. Constitution and generally understood, in legal contexts, to mean the due course of legal proceedings according to the rules and forms established for the protection of individual rights. In criminal proceedings, .......... is generally understood to include the following basic elements: a law creating and defining the offense, an impartial tribunal having jurisdictional authority over the case, accusation in proper form, notice and opportunity to defend, trial according to established procedure, and discharge from all restraints or obligations unless convicted.
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Uniform Crime Report
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An annual FBI publication that summarizes the incidence and rate of reported crimes throughout the United States.
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National Crime Victimization Survey
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An annual survey of selected American households conducted by the Bureau of Justice Statistics to determin the extent of criminal victimization--in the United States
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National Incident Based Reporting System
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An incident-based reporting system that collects data on every single crime occurrence.
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statutory law
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Written or codified law: the "law on the books," as enacted by a government body or agency having the power to make laws.
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substantive law
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The part of the law that defines crimes and specifies punishments.
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common law
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Law originating from usage and custom rather than from written statutes. The term refers to an unwritten body of judicial opinion, originally developed by English courts, that is based on nonstatutory customs, traditions, and precedents that help guide judicial decision making.
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criminal law
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The body of rules and regulations that define and specify the nature of and punishments for offense of a public nature or for wrongs committed agianst the state or society.
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rule of law
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The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members.
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procedural law
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The part of the law that specifies the methods to be used in enforcing substantive law.
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civil law
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The branch of modern law that governs relationships between parties.
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injunction
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A court order directing a person to refrain from doign certain acts or carying out certain activities.
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tort
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A wrongful act, damage, or injury not involving a breach of contract. Also, a private or civil wrong or injury.
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compensatory damages
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Damages recovered in payment for an actual injury or economic loss.
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punative damages
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Damages requested or awarded in a civil lawsuit when the defendant's willful acts were malicious, violent, oppressive, fraudulent, wanton, or grossly reckless.
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administrative law
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The body of regulations that governments create to control the activities of industry, business, and individuals.
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precedent
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A legal principle that ensure that previous judicial decisions are authoritatively considered and incorporated into future cases.
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felony
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A criminal offense punishable by death or by incarceration in a prison facility for at least one year.
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misdemeanor
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An offense punishable by incarceration, usually in a local confinement facility for a period whose upper limit is prescribed by statue in a given jurisdiction, typcially one year or less.
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infraction
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A minor violation of state statute or local ordinance punishable by a fine or other penalty or by a specified usually limited, term of incarceration.
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actus reus
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An act in violation of the law. Also, a guilty act.
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mens rea
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The state of mind that accompanies a criminal act. Also, a guilty mind.
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concurrence
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The coexistence of an act in violation of the law and a culpable mental state.
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inchoate offense
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An offense not yet completed. Also, an offense that consists of an action or conduct that is a step toward the intended commission of another offense.
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criminal negligence
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Behavior in which a person fails to reasonably perceive substantial and unjustifiable risk of dangerous consequences.
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strict liabiltiy
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Liability wihtout fault or intention. These offenses do not require mens rea.
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ex post facto
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Latin for "after the fact." The constitution prohibits enactment of ex post facto laws, which makes acts committed before the laws in question were passed punishable as crimes.
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justification
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A legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil.
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excuses
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A legal defense in which the defendant claims that some personal condition or circumstance at teh time of the act was such that he or she should not be held accountable under the criminal law.
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procedural defense
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A defense that claims that the defendant was in some significant way discriminated against in the justice process or that some important aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged.
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mala prohibita
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Acts that are considered wrong only becasue there is a law against them.
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mala in se
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Acts that are regarded, by tradition and convention, as wrong in themselves.
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