Criminal Justice

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federalism

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a system of government in which power is divided between a central government and regional governments

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system

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a complex whole consisting of interdependent part whose actions are directed toward goals and are influenced by the environment within which they function

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exchange

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a mutal transfer of resources a balance of benefits and deficits that flow from behavior based on decisions about they value and costs of alternatives

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plea bargain

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a defendants plea of guilty to a criminal charge with the reasonable expectation of receiving some consideration from the state for doing so usually a reduction of the charge. the defendants ultimate goal is a penalty lighter than the once formally warranted by the charged offense

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discretion

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the authority to make decisions without reference to specific rules or facts, using instead ones own judgment. allows for individualization and informality in the administration of justice.

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filtering process

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a screening operation, a process by which criminal justice officials screen out some cases white advancing others to the next level of decision making

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dual court system

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a system consisting of a separate judicial structure for each state in addition to a national structure. each case is tried in a court of the same jurisdiction as the of the law or laws broke

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adjudication

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the process of determining whether the defendant is guilty

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arrest

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the physical taking of a person into custody on the grounds that there is reason to believe that her or she has commited a criminal offense. polica may use only reasonable physical force in making an arrest. - hold the accused for a court proceeding

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warrant

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a court order authorizing police officer to take certain actions.

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information

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a document charging an individual with a specific crime. it is prepared by a prosecuting attorney and presented to a court at a preliminary hearing

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indictment

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a document returned by a grand jury as true bill charging an individual with a specific crime on the basis of determine of probable cause as presented by a prosecuting attorney

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felonies

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serious crimes usually carrying a penalty of death or incarceration for more than one year

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disdemanor

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offenses less serious than felonies and usually punished by incarceration of no more than a year or probation

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crime control model

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a model of the criminal justice system that assumes freedom is so important that every effort must be made to repress crime. Efficiency, speed, finality, capacity to appresend, try , convict and dispose

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due process model

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a model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable info, adversial process, rights of defendants, formal decision making process

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disparity

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a difference between groups may either be explained by legitimate factors or indicate discrimination

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discrimination

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differential treatment of individual or groups based on race, ethnicity , gender, sexual orientations, economic status

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mala in se

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offenses that are wrong by their very nature

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mala prohibita

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offenses prohibited by law but no wrong in themselves

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visible crime

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an offense against persons, property, commited by memvers of lower class
-street crime, ordiniary crime

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occupational crime

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criminal offenses committed through opportunities created in legal business or occupation

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organized crime

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framework for perpetuation of criminal acts- gambling, drugs, and prositituion

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money laundering

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moving the proceeds of criminal activites through businesses, banks, brokerage accounts

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crimes without victims

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offenses involving a willing and private exchange of illegal goods of service that are in strong demand

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political crime

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an act that constitutes a threat against the state -treason, sedition, espionage

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cyber crime

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offenses that involve that use of one or more computers

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dark figure of crime

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a metaphor that emphasizes that dangerous dimension of crime that is never reported to the police

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uniform crime reports

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an annually published statistical summary of crimes reported to the police. info from fbi, local, state, and federal law enforcement agencies

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national incident based reporting syste

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reporting system - police describe each offense in a crime incident together with data describing the offender victim, and property

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National crime victimization survey

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interviews of samples of the us population conducted by the Bureau of justive statistics to determine the number and types of crime

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victimology

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a field of criminology that examines the role the victim plays in precipitaing a criminal incident and also examines the impact of crimes on victims

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classical criminology

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a school of criminology that behavior as stemming from free will, demands respsonbility and accountability of all perpetrators and stresses the need for punishments severe enough to deter others

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positivist criminology

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a schol of criminology that views behavior as stemming from social, biographical, and psychological factors. it argues that punishment should be tailored to the individual needs of the offender

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criminogenic

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having factors thought to bring about criminal behavior in an individual

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biological explanations

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explanations of crime that emphasize physiological and neurological factors that may predispose a person to commit crimes

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anomie

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a breakdown or disapperance of the rules of social behavior

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social structure theories

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theories that blame crime that emphasize as causes of criminal behavior the social conditions that bear on the individual

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learning theories

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criminal behavior learned

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theory of differential association

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people become criminals because they encounter influences that view criminal behavior as normal and acceptable

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control theories

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criminal behavior occurs when the bonds that tie an individual to soceity

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labeling theories

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causes of criminal behavior are not found in individual but in social process that label certain acts of devaint

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social conflict theories

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theories assume criminal justice system are primarily a means of controlling the poor

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life course theories

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theories identify factors affecting the start, duration, nature, and end of crim. behaviors

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civil law

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laws- relationships between or among individuals. involving property or business disputes

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substantive criminal law

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procedures that criminal justice officials myst follow in enforcement, adjudications, and corrections

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mens rea

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guilty mind

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entrapment

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individual induced by police to commit criminal act

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bill of rights

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the ten amendments added to the us const. right about individual = criminal justice

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self incrimination

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exposing self to prosecution by being forced to respoond to questions

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double jeopardy

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person cant be charged for more than once in same juridiction for same offense

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barron v baltimore

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protections of the BofR apply only to actions of the federal government

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powell v alabama

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an attorney must provide to a poor defedant facing death

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fundamental fairness

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legal doc. supporting the idea that state conduct maintians basic fairness.

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incroporation

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binging on state governments the rihts guaranted in the first ten amendments to the us con.

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grand jury

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body citizens drawn to hear evidence

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gideon v wainwright

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indigent defendants havr right to counsel when charged with crimes

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frankpledge

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old english - system of law. tithing group of ten families pledged.

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officers

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bobbies

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order maintenance

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police preventing behavior that disturbs public and peace

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law enforcement

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police function of controlling rime by intervening

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service

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police function of providing assistance to public

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socialization

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process. the rules, symbols, and values of a group or subculture are learned

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subculute

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symbol, beliefs, values, attitudes shared by a sub group

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working personality

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set of emotions and behaviors by occupational groupd

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reactive

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respinse to notification of crime

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proactive

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acting in anticipation

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incident drivin policing

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policing for service are the primary instigators of action

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differential response

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patrol strategy assigns priorities to calls for service and chooses right response

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clearance rate

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percentages of crime known to police that they believe they solved through arrest

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line functions

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police components that perform field operations and carry out basic functions or patrol, investigation, traffic, vice, juvenile

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sworn officers

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police employees who have taken an oath and been given powers by the state to arrest and use forced

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prevention patrol

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making the police presence known

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directed patrol

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a proactive form of patrolling that directs resources to known high crime places

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aggressive patrol

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patrol stragegy designed to maximize police intervention

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problem oriented policing

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an approach to policing -officers seek identify analyze respond to circumstances

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tennesse v garner

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deadly force may not be used against an unarmed and fleeing

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internal affairs unit

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a branch of police dept. that receives and investigates complaints

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less lethal weapon

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weapons used in effort to incapacitate a suspect

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usa patriot act

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federal statute passed in the aftermath of the terroist attacks- government authority to conduct searches and wiretapes

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search

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government officials examination of and hunat for evidence

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reasonale expectation of privacy

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the objective standard developed by courts for determining whether a government intrusion into an individuals person or property constitues a seach bc it interferes with the individuals intersets

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seizure

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deprive ppl of their liberty or property and must not be unreasonable - 4th amendmetn

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stop

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government official interference with an individuals freedom of movement

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reasonable suspicion

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police officers belief based on articulable facts

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probable cause

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reliable info indicating that is is more likely evidence will be found in a specific location that a person guilt

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affidavit

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written statement of fact supported by oath or affirmation

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totality of circumstances

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flexible test established by the supreme court -identifying probable cause exists

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plain view doctrine

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officers may examine and use evidence without warrant

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open field doctrine

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supreme court doc. -property owners have no reasonable expectation of privacy

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terry v ohio

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endorse police authority to stop and frisk suspects

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stop and frisk search

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limited search approved by sup court . permits stop and frisk

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chimel v cali

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sup court allows warrantless searches for weapons of ppl lawfully arrested

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exigent circumstances

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immediate threat to public safety or the risk that evidence will be desotry , officers may search, arrest, or question suspects w/o obtaining a warrant

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us v drayton

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legal decision declaring that police are not required to tell ppl about right to decline to be searched when police ask for permission

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miranda v arizona

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sup court suspects custody informed of their rights to remain silent

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public safety exception

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requirments permit police to immediately queston suspect without providing warning

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exclusionary rule

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illegally obtained evidence must be excluded from trail

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good faith exception

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oermits the use of improperly obtained evidence

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inevitable discovery tule

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sup court ruling obtained evidence can be used when it would liater have been inevitably