Criminal Justice System

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Criminal Justice System

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· The agencies of government that are responsible forapprehending and treating criminal behaviors

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Community policing

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a proactive form of policing: rather than merelyresponding to crime after it occurs, police departments are shaping theirforces into community change agents in order to prevent crimes before theyoccur

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Landmark decision

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o a ruling by the US Supreme Court that serves as aprecedent for similar legal issues; it often influences the everyday operatingprocedures of police agenices, trial courts, and correctional institutions

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Adversary system

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the US method of adjudication in whichprosecution and defense each try to bring forward evidence and arguments, withguilt or innocence ultimately decided by an impartial judge or jury

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Prosecutor

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the public official who represents thegovernment in criminal proceedings, presenting the case against the accused

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Defendant

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the person accused of violating the crime

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Convictability

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o the existence of conditions surrounding a criminalcase that indicate it has a good chance of resulting in a conviction

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Defense attorney

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the person responsible for protecting theconstitutional rights of the accused and presenting the best possible legaldefense

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Right to counsel

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o the right of a person accused of crime to theassistance of a defense attorney in all criminal prosecutions

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Public defender

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an attorney employed by the state whose job isto provide free legal counsel to indigent defendants

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Pro bono

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o is done without compensation; free legal counselprovided it indigent defendants by private attorneys as a service to theprofession and the community

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Probation

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the conditional release of a convicted offenderinto the community under the supervision of a probation officer an subject tocertain conditions

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Incarceration

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o confinement in jail or prison

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Jail

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o an institution for short term detention of thoseconvicted of misdemeanors and those awaiting trial or other judicialproceedings

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Prison

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o state or federally operated facility for theincarceration of felony offenders sentenced by the criminal courts

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Truth in sentencing

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the requirement that inmates serve a greaterpercentage of their time behind bars before they are eligible for early releasemechanisms such as parole

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Parole

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o is a conditional early release from prison, with theoffender serving the remainder of the sentence in the community under thesupervision of a parole officer

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Arrest

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· taking into police custody of an individual suspectedof a crime

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Probable cause

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· the evidence of a crime and of a suspects involvement ofit

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Booking

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· fingerprinting, photographing, and recording personalinformation of a suspect in police custody

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Interrogation

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the questioning of a suspect in police custody

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Nolle presequi

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· a declaration that expresses the prosecutor’s decisionto drop a case from further prosecution

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Indictment

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· a written accusation returned by a grand jury chargingan individual with a specific crime

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Grand jury

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· is a group of citizens chosen to hear a testimony insecret and to issue formal criminal accusations

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Information

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is a filing before an impartial lower courtjudge who decides whether the case should go forward

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Preliminary hearing

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the alternative to a grand jury, in which animpartial lower court judge decides whether there is probably cause sufficientfor a trial

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Arraignment

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· the step in criminal justice process in which theaccused is brought before the trail judge, charges are read, defendents areinformed of their rights, plea is entered, bail is considered, and a trial dateis set

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Bail

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· a money bond intended to ensure that the accused withreturn to trial

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Recognizance

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the pledge by the accused to return for trial

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Plea bargain

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· an agreement between prosecution and defense in whichthey plead guilty in return for a reduction or charges, lenient sentence

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Hung jury

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· a jury that is unable to agree on a decision, leavingthe case unresolved and open for a possible retrial

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Disposition

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· a sentencing of a defendant who has been found guilty;usually involves a fine, probation or incarceration

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Appeal

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· taking a criminal case to a higher court on thegrounds that the defendant was found guilt because of legal error or violationof his or her constitutional rights

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Courtroom work group

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prosecution, defense, and judges workingtogether to resolve criminal cases quickly and efficiently through pleabargaining

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Law of criminal procedure

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judicial precedents that define and guaranteethe rights of criminal defendants and control the various components of the CJS

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The bill of rights

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the first amendments to the US constitution,including guarantees against unreasonable search and seizure, selfincrimination, and cruel punishment

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Exclusionary rule

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· the rule that evidence against a defendant may not bepresented in court if it was obtained in violation of the defendant’s rights

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Crime control model

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· the view that the overriding purpose of the justicesystem is to protect the public, deter people from criminal behavior, andincapacitate know criminals; favor speedy, efficient justice and punishment

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Miranda rights

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the rights of criminal defendants

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Due process model

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the view that focuses on protecting the civilrights of those accused of crime

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Rehabilitation model

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o the view that criminals are victims of socialinjustice, poverty, and racism and that appropriate treatment can change theminto productive, law-abiding citizens

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Equal justice model

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is the view that emphasizes fairness and equaltreatment in criminal procedures and sentencing

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Determinate sentencing

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the principle that all offenders who commitcrime should receive the same sentence

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Nonintervention model

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o the view that arresting and labeling offenders doesmore harm than good, that youthful offenders in particular should be divertedinto informal treatment programs, and that minor defenses should bedecriminalized

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Restorative justice model

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the view that emphasizes the promotion of apeaceful, just society through reconciliation and reintegration of the offenderinto society