Criminal Justice Final Exam

Front 1

JUSTICE OF THE PEACE:

Back 1

Originally a judicial officer, normally not learned in the law, assigned to investigate and try minor cases. Presently a judge of a lower local or municipal court with limited jurisdiction.

Front 2

COURTS OF LIMITED JURISDICTION:

Back 2

Courts (with a justice of peace, magistrate, or judge presiding) that handle minor criminal cases, less serious civil suit, traffic and parking violations, and health law violations.

Front 3

COURTS OF SPECIAL JURISDICTION:

Back 3

Courts that specialize in certain areas of law: family courts, juvenile courts, and probate courts (transfer of property and money of deceased).

Front 4

COURTS OF GENERAL JURISDICTION:

Back 4

Major trial courts that have regular, unlimited jurisdiction over all cases and controversies involving civil and criminal law.
APPELLATE COURTS: Court with the power to review the judgment of a trial court, examining the errors of law.

Front 5

STATE SUPREME COURT:

Back 5

State court of last resort (except in certain jurisdictions, where the supreme court is a trial court of unlimited jurisdiction).

Front 6

FEDERAL COURTS:

Back 6

Courts of the federal system, applying federal law, with the power to test the constitutionality of state law and adjudicate controversies arising between residents of two or more states.

Front 7

DISTRICT COURTS:

Back 7

Trial courts in the federal and in some state systems.

Front 8

CIRCUIT COURTS OF APPEAL:

Back 8

Federal appellate courts with the power to review judgments of federal district courts. See also appellate court.

Front 9

UNITED STATES SUPREME COURT:

Back 9

Federal court that has ultimate authority in interpreting the Constitution as it applies to federal and state law; the final authority in interpreting federal law.

Front 10

WRIT OF CERTIORARI:

Back 10

Document issued by a higher court directing a lower court to prepare the record of a case and send it to the higher court for review.

Front 11

HABEAS CORPUS:

Back 11

Writ requesting that a person or institution detaining a named prisoner bring him or her before a judicial officer and give reasons for the detention.

Front 12

PROSECUTOR:

Back 12

Attorney and government official who represents the people against persons accused of committing criminal acts.

Front 13

UNITED STATES ATTORNEY:

Back 13

Attorney and government official who prosecutes cases at the federal level.

Front 14

UNITED STATES ATTORNEY GENERAL:

Back 14

Highest-ranking official in the United States Department of Justice.

Front 15

STATE ATTORNEY GENERAL:

Back 15

Chief legal officer of the state; state counterpart to the U.S. attorney general.

Front 16

DEFENSE ATTORNEY (IN CRIMINAL CASES):

Back 16

Lawyer retained by an individual accused of committing a crime or assigned by the court if the individual is unable to pay.

Front 17

ASSIGNED COUNSEL SYSTEM:

Back 17

Judge appoints a private lawyer selected from a list of attorneys to represent indigent defendants in criminal proceedings

Front 18

PUBLIC DEFENDER SYSTEM:

Back 18

Public or nonprofit organizations (with staff) provide defense services to indigent defenders.

Front 19

CONTRACT SYSTEM:

Back 19

Private attorneys from law firms or local bar associations provide defense services to indigent defendants.

Front 20

JUDGE:

Back 20

Public officer lawfully instituted (by appointment or election) to decide litigated questions according to law, presiding in a court of law.

Front 21

COURT ADMINISTRATOR:

Back 21

Chief administrative officer of the court, usually appointed by the state court of last resort, the chief justice of the court of last resort, or a judicial council.

Front 22

COURT OFFICERS AND MARSHALS:

Back 22

Persons who provide courtroom security and maintain order. See also bailiff.

Front 23

BAILIFF:

Back 23

Officer of the court who administers formal procedures, keeps order, announces a judge’s arrival, and administers oaths.

Front 24

DIVERSION:

Back 24

Removal of the defendant from the normal path of the criminal justice process to an alternative path (for example, a treatment program).

Front 25

BAIL:

Back 25

Security given to ensure the reappearance of a defendant, in order to obtain his or her release from imprisonment.

Front 26

BAIL BOND AGENT:

Back 26

Private business operators, paid by the defendant, who post the amount required by the court to secure the release of the defendant.

Front 27

RELEASE ON RECOGNIZANCE (ROR):

Back 27

Release of a defendant on his or her promise to return to court as required.

Front 28

PREVENTIVE DETENTION:

Back 28

Pretrial incarceration of an accused deemed dangerous.

Front 29

INFORMATION:

Back 29

Accusation against a criminal defendant prepared by a prosecuting attorney.

Front 30

INDICTMENT:

Back 30

Accusation against a criminal defendant rendered by a grand jury on a basis of evidence constituting a prima facie case.

Front 31

PLEA:

Back 31

Response to a criminal charge. Traditional pleas are guilty, not guilty, nolo contendere, and not guilty by reason of insanity.

Front 32

ARRAIGNMENT:

Back 32

First stage of the trial process, at which the indictment or information is read in open court and the defendant is requested to respond thereto

Front 33

NOLO CONTENDERE:

Back 33

Defendant pleads no contest (admits criminal liability for purposes of this proceeding only).

Front 34

PLEA BARGAINING:

Back 34

Agreement made between defense and prosecution for certain leniencies in return for a guilty plea.

Front 35

TRIAL JURY:

Back 35

Body of persons legally selected and sworn to inquire into any matter of fact and to give their verdict according to the evidence.

Front 36

VOIR DIRE:

Back 36

Process in which lawyers and a judge question potential jurors to select those who are acceptable.

Front 37

PEREMPTORY CHALLENGES:

Back 37

Challenges (limited in number) by which a potential juror may be dismissed by either the prosecution or the defense without assignment of reason. See also challenge for cause; voir dire.

Front 38

CHALLENGE FOR CAUSE:

Back 38

Challenge to remove a potential juror because of his or her inability to render a fair and impartial decision in a case. See also peremptory challenges; voir dire.

Front 39

MOTION:

Back 39

Oral or written request to a judge, asking the court to make a specified ruling, finding, decision, or order; may be presented at any appropriate moment from arrest until the end of trial.

Front 40

ACQUITTAL:

Back 40

Judicial finding or jury verdict finding the defendant not guilty of the crime charged.

Front 41

BURDEN OF PROOF:

Back 41

In criminal cases, the legal obligation of the prosecution to prove the charges against the defendant beyond a reasonable doubt.

Front 42

RETRIBUTION:

Back 42

“Eye for an eye” philosophy of justice, now known as just desserts.

Front 43

JUST DESSERTS:

Back 43

Philosophy of justice that asserts that the punishment should fit the crime and the culpability of the offender.

Front 44

DETERRENCE:

Back 44

Theory of punishment that holds that potential offenders will refrain from committing crimes for fear of punishment (sometimes called general prevention).

Front 45

GENERAL DETERRENCE:

Back 45

Treat of punishment intended to induce the general public not to engage in criminal acts.

Front 46

SPECIAL DETERRENCE:

Back 46

Threat of punishment that deters an offender from engaging in any additional criminal behavior, based on the disagreeable experience with a past punishment.

Front 47

INCAPACITATION:

Back 47

Preventing persons from committing crime by physical restraint, for example, incarceration.

Front 48

SELECTIVE INCAPACITATION:

Back 48

Targeting of high-risk and recidivistic offenders for rigorous prosecution and incarceration.

Front 49

REHABILTATION:

Back 49

Reformation of an offender through interventions such as educational and vocational programs and psychotherapy.

Front 50

INCARCERATION:

Back 50

Sanction that requires a defendant to serve a term in a local jail, state prison, or federal prison.

Front 51

SPLIT SENTENCE:

Back 51

Sentence that requires the convicted criminal to serve time in jail followed by probation.

Front 52

RESTITUTION:

Back 52

Sanction that requires an offender to cover the cost of a victim’s losses.

Front 53

COMMUNITY SERVICE:

Back 53

Sanction that requires an offender to spend a period of time performing public service work.

Front 54

FINE:

Back 54

Sum of money paid as a penalty and/or as an alternative to or in conjunction with incarceration.

Front 55

PRESENTENCE INVESTIGATION REPORT:

Back 55

Report prepared by the probation department for a judge; contains information about the offense, the offender, and the history of prior offenses and may include a recommendation of a sentence.

Front 56

RESTOTATIVE JUSTICE:

Back 56

Model of justice, as opposed to retributive justice, aiming at the offender’s contribution to offset the harm done, including reconciliation with victims.

Front 57

INDETERMINATE SENTENCE:

Back 57

Sentence for which the legislature allows the judge to impose a minimum and/or a maximum term, the actual length of service depending on the discretion of correction officials.

Front 58

DETERMINATE SENTENCE:

Back 58

Sentence to prison that has a fixed term; also called a flat sentence.

Front 59

MANDATORY SENTENCE:

Back 59

Sentence prescribed by the legislature, which a judge has no choice but to impose.

Front 60

SENTENCING GUIDELINES:

Back 60

System for the judicial determination of a relatively firm sentence based on specific aggravating or mitigating circumstances.

Front 61

PRISON HULKS:

Back 61

Decommissioned ships converted into prisons.

Front 62

PENITENTIARY:

Back 62

Prison or place of confinement and correction for persons convicted of criminal acts; originally a place where convicts did penance.

Front 63

REFORMATORY:

Back 63

Institution designed to reform criminals through individualized treatment, education, and vocational training.

Front 64

DETENTION FACILITY:

Back 64

Facility that houses persons arrested and undergoing processing, awaiting trial, or awaiting transfer to a correctional facility.

Front 65

CORRECTIONAL FACILITY:

Back 65

Facility where convicted offenders serve their sentence; includes county jails and state and federal prisons.

Front 66

JAIL:

Back 66

Place of confinement administered by local officials and designed to hold persons for more than forty-eight hours but usually less than one year.

Front 67

PRISON:

Back 67

Federal or state penal institution in which offenders serve sentences longer than one year.

Front 68

MAXIMUM SECURITY PRISON:

Back 68

Penal institution designed and operated with the principal goal of preventing escape and avoiding violence on the part of prisoners, virtually to the exclusion of rehabilitation or other programs.

Front 69

MEDIUM SECURITY PRISON:

Back 69

Penal institutions with emphasis on control and custody, but not to the exclusion of rehabilitative or other programs.

Front 70

MINIMUM SECURITY PRISON:

Back 70

Penal institution allowing inmates and visitors internal freedom of movement and program participation consistent with incarceration.

Front 71

CLASSIFICATION:

Back 71

Process that consists of regular procedures through which the custodial, treatment, vocational, and educational needs of each prisoner are determined.

Front 72

DEPRIVATION MODEL:

Back 72

Explanation of prison subculture that suggests norms, language, roles, and traditions are developed in the prison to help prisoners adjust to the pains of imprisonment.

Front 73

PRISONIZATION:

Back 73

Socialization process in which new prisoners learn the ways of prison society, including rules, hierarchy, customs, and culture.

Front 74

INMATE CODE:

Back 74

Informal set of rules that reflect the values of the prison society.

Front 75

PRISON ARGOT:

Back 75

Unique vocabulary used by prisoners.

Front 76

HUSTLING:

Back 76

Inmate activity that involves obtaining goods and services that are unavailable through legitimate channels.

Front 77

IMPORTATION MODEL:

Back 77

Explanation of prison subculture that suggests norms, language, roles, and traditions are brought into the prison from the outside the walls

Front 78

REFORMATION:

Back 78

Voluntary, self-initiated transformation of an individual lacking in social or vocational skills into a productive, normally functioning citizen

Front 79

REHABILITATION:

Back 79

Punishment philosophy that asserts that through proper correctional intervention, a criminal can be reformed into a law-abiding citizen.

Front 80

RECIDIVISM:

Back 80

Repeated or habitual relapses into criminal behavior.

Front 81

PROBATION:

Back 81

Alternative to imprisonment, allowing a person found guilty of an offense to stay in the community, under conditions and with supervision.

Front 82

PROBATION OFFICER:

Back 82

Officer attached to the trial court who is responsible for administering the court’s probation program.

Front 83

PAROLE:

Back 83

Supervised conditional release of a convicted prisoner before expiration of the sentence of imprisonment.

Front 84

PAROLE BOARD:

Back 84

Group of citizens, usually appointed by the governor of a state, who determine the eligibility of prisoners for the release from prison and the dates for their release from prison and from parole.

Front 85

PAROLE HEARING:

Back 85

Meeting held by members of the parole board to decide whether prisoners will be granted parole.

Front 86

REVOCATION OF PAROLE:

Back 86

Return of a person on parole to prison for violation of a parole condition.

Front 87

PAROLE OFFICER:

Back 87

Officer of the executive branch of government responsible for the supervision of convicts released from prison on parole.

Front 88

GOOD TIME SYSTEM:

Back 88

Systems under which time is deducted from a prison sentence for good behavior within the institution.

Front 89

PARDON:

Back 89

Release from the legal penalties of an offense.

Front 90

CONDITIONAL PARDON:

Back 90

Pardon that depends on the fulfillment of specified conditions.

Front 91

RESTITUTION:

Back 91

Compensation (normally court-ordered) on the part of an offender to the victim, or a victim substitute, for any losses of harm inflicted, usually in money or services

Front 92

RESTORATIVE JUSTICE:

Back 92

Model of justice, opposed to retributive justice, aimed at the offender’s contribution to offset the harm done, including reconciliation with victims.

Front 93

INTENSIVE SUPERVISION PROBATION (ISP):

Back 93

Alternative to prison for convicted nonviolent offenders who do not qualify for routine probation; probation subject to stringent supervision.

Front 94

SHOCK PROBATION:

Back 94

Sentence that allows for brief incarceration followed by probation, in an effort to induce law abidance by shocking the offender.

Front 95

SHOCK INCARCERATION:

Back 95

Short term of incarceration that subjects offenders to hard work, intense drills, and other character-building exercises.

Front 96

HALFWAY HOUSE:

Back 96

Residential correctional facility in which an offender may have to serve the last portion of his or her sentence outside prison, but not yet in the community.

Front 97

HOUSE ARREST:

Back 97

Sentence in which convicts are confined to their own residence in lieu of imprisonment in an institution.

Front 98

ELECTRONIC MONITORING:

Back 98

Computer-assisted checks on offender’s movement to ensure that he or she is not going to places in violation of restrictions

Front 99

COMMUNITY SERVICE ORDER:

Back 99

Sanction in which the sentencing judge orders the convict to perform any of a range of services to the community.

Front 100

DIRECT FILE:

Back 100

Prosecutors’ power to try juveniles directly in adult criminal courts.

Front 101

VICTIMOLOGY:

Back 101

Systematic study of the role played by the victim in a criminal incident and the criminal process.

Front 102

VICTIM COMPENSATION:

Back 102

Scheme, usually based on statute, by which victims of violent crime may receive a limited financial award out of public funds for criminal harm suffered.