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63 Cards in this Set

  • Front
  • Back
"law and order"
A political ideology and slogan that sought a return to the morality and values of earlier times and rejected the growing permissiveness in government and social affairs.
Burger Court
The model of the criminal justice system that views the repression of criminal conduct as its most important function.
criminal justice
The structure, functions, and decision processes of those agencies that deal with the management of crime--the police, the courts, and corrections.
due process model
The model of the criminal justice system that stresses the possibility of error in the stages leading to trial and emphasizes the procedural rights over system efficiency.
Law Enforcement Assistance Administration (LEAA)
A federal bureaucracy created to involve the national government in local crime control by supplying funds to the states for training and upgrading criminal justice agencies.
Omnibus Crime Control and Safe Streets Act
A piece of federal law-and-order legislation that was viewed by many as a political maneuver aimed at allaying fears of crime rather than bringing about criminal justice reform.
President's Commission on Law Enforcement and Administration of Justice
A series of task forces appointed by President Lyndon B. Johnson to study crime and justice in the United States and to make recommendations for change.
The systematic use or threat of extreme violence directed against actual or symbolic victims, typically performed for psychological rather than material effects, for the purpose of coercing individuals, groups, communities, or governments into making political or tactical concessions.
Warren Court
The Supreme Court under the leadership of Chief Justice Earl Warren.
A person who, with the requisite criminal intent, encourages, promotes, instigates, or stands ready to assist the perpetrator of a crime.
accessory after the fact
A person who, knowing that a felony has been committed, receives, relieves, comforts, or assists the felon to hinder apprehension or conviction.
accessory before the fact
A person who abets a crime but is not present when the crime was committed.
administrative law
A branch of public law that deals with the powers and duties of government agencies.
A condition of normative confusion or "normlessness," in which existing rules and values have little impact.
case law
Law that results from court interpretations of statutory law or from court decisions where rules have not been fully codified or have been found to be vague or in error.
civil law
The body of principles that determines private rights and liabilities.
common law
Customs, traditions, judicial decisions, and other materials that guide courts in decision making but have not been enacted by the legislatures into statutes or embodied in the Constitution.
Concert in criminal purpose.
constitutional law
The legal rules and principles that define the nature and limits of governmental power, and the duties and rights of individuals in relation to the state.
An intentional act or omission in violation of criminal law, committed without defense or justification, and sanctioned by the state as a felony or misdemeanor.
criminal law
The branch of jurisprudence that deals with offenses committed against the safety and order of the state.
Any number of causes and rights of action that serve to excuse or mitigate guilt in a criminal offense.
Conduct that the people of a group consider so dangerous, embarrassing, or irritating that they bring special sanctions to bear against the persons who exhibit it.
differential association
The theory of crime that suggests that criminal behavior is learned through the same processes that noncriminal behaviors are learned.
Durham Rule
Legal standard by which an accused is not held criminally responsible if he or she suffers from a diseased or defective mental condition at the time the unlawful act is committed.
The inducement of an individual to commit a crime not contemplated by him or her.
A crime punishable by death or imprisonment in a federal or state penitentiary.
labeling theory
The theory of crime that focuses on the processes of interaction through which behaviors become defined as criminal and the ways in which the labeling process can bring about more criminality.
Lambert v. California
Ruling whereby the U.S. Supreme Court held that due process requires that ignorance of a duty must be allowed as a defense when circumstances that inform a person as to the required duty are completely lacking.
M'Naghten Rule
The "right-or-wrong" test of criminal responsibility.
mens rea
(criminal intent) A person's awareness of what is right and wrong under the law with an intention to violate the law.
A crime punishable by no more than a $1,000 fine and/or 1 year of imprisonment, typically in a local institution.
misprision of felony
misprision of felony
natural law
General principles that determine what is right and wrong according to some higher power.
primary deviation
The term used in labeling theory to describe the violation of some norm or law.
Robinson v. California
The 1962 ruling whereby the U.S. Supreme Court declared that sickness may not be made a crime, nor may sick people be punished forbeing sick. In a new approach to the Eighth Amendment's ban on "cruel and unusual punishments," the Court viewed narcotic addiction to be a "sickness" and held that a state cannot make it a punishable offense any more than it could put a person in jail "for the 'crime' of having a common cold."
secondary deviation
The term used in labeling theory to describe the demeanor and conduct that people cultivate as a result of being labeled deviant or criminal.
statutory law
Law created by statute, handed down by legislatures.
USA Patriot Act
A federal administrative law passed by Congress in the wake of the September 11, 2001 terrorist attacks to better enable law enforcement officials to track and punish those responsible for terrorism, and to protect U.S. citizens and property against further attacks.
vicarious liability
The doctrine under which liability is imposed upon an employer for the acts of employees that are committed in the course and scope of their employment.
Crime Index
The sum of Part I offenses reported in a given place for a given period of time.
crime rate
The number of Part I offenses that occur in a given area per 100,000 inhabitants living in that area.
Part II offenses
Crimes designated by the FBI as less serious than the Part I offenses and compiled in terms of the number of arrests made.
Part I offenses
Crimes designated by the FBI as the most serious and compiled in terms of the number of reports made to law enforcement agencies and the number of arrests made.
self-reported crime
Crime statistics compiled on the basis of self-reports by offenders.
Uniform Crime Reports (UCR)
The annual publication of the FBI, presenting official statistics on the rates and trends in crime in the United States.
victimization surveys
Surveys of the victims of crime based on interviews with representative samples of the household population.
adversary system
A system of justice in which the innocence of the accused is presumed and the burden of proof is placed on the court.
The action of taking a person into custody for the purpose of charging him or her with a crime.
Barron v. Baltimore
The Supreme Court ruling that the Bill of Rights was added to the Constitution to protect citizens only against the action of the federal, not state or local, government.
Bill of Rights
The first 10 amendments to the Constitution of the United States, which restricts government actions.
The police administrative procedures for officially recording an arrest.
Buck v. Bell
The Supreme Court ruling that Virginia did not violate the Fourteenth Amendment's due process guarantee when it sterilized, without her consent, a mentally defective mother.
criminal justice process
The agencies and procedures set up to manage both crime and the persons accused of violating the criminal law.
due process of law
A concept that asserts fundamental principles of justice and implies the administration of laws that do not violate the sacredness of private rights.
Gitlow v. New York
The Supreme Court ruling recognizing that the First Amendment prohibition against government abridgment of the freedom of speech applies to state and local governments as well as to the federal government.
Griswold v. Connecticut
The Supreme Court ruling that a right of personal privacy is implicit in the Constitution.
inquiry system
A system of justice in which all participants in a proceeding are obliged to cooperate with the court in its inquiry into the crime.
inquisitorial system
A system of justice in which the accused is considered guilty until he or she is proven innocent.
procedural due process
Due process protection whereby certain procedures are required before the life, liberty, or property of a person may be taken by the government.
rape shield statutes
Laws that protect alleged rape victims from questioning about evidence of past sexual experiences that are not relevant to the case and that might be prejudicial.
substantive due process
Due process protection against unreasonable, arbitrary, or capricious laws or acts.
void-for-vagueness doctrine
The rule that criminal laws that are unclear or uncertain as to what or to whom they apply violate due process.