Section 1.2: Roles, Objectives, And Limits In Criminal Justice

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Appellate Court

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A court that is empowered to rehear cases originating in a trial court.

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Bureau of Justice Statistics

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The mission of BJS is to collect, analyze, publish, and disseminate information on crime, criminal offenders, victims of crime, and the operation of justice systems at all levels of government.

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Code

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A comprehensive set of laws arranged by subject.

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Common Law

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The legal system that originated in England and is now in use in the United States; relies heavily on judicial decisions.

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Congress of the United States

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The legislative branch of the United States government, composed of the U.S. House of Representatives and the U.S. Sentate.

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Constitution

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A body of fundamental principles by which a nation or state is governed.

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Criminal Code

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The portion of the United States Code or the Code of an individual state that deals with criminal law.

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Decisions (courts)

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The written opinions of appellate courts that have the force of law in common law countries like the United States.

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Dual Court System

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A term describing the American governmental structure characterized by having both state courts and federal courts.

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Dual Federalism

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A system of government like that of the United States where there are both national and state governments.

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Due Process

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The constitutional guarantee that a defendant will receive fair and impartial treatment by the criminal justice system.

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Effectiveness

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Carrying out justice system activities with proper regard for equity, proportionality, constitutional protections afforded defendants and convicted offenders, and public safety.

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Efficiency

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Economically applying available resources to accomplish statutory goals as well as to improve public safety.

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Executive Branch

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The branch of government tasked with the administration of public affairs, and the enforcement of laws and policies.

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Fairness

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Justice issues such as assuring equal treatment and handling of like offenders and giving equal weight to legally relevant factors in sentencing.

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Federal Rules of Criminal Procedure

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Rules promulgated by the SCOTUS that govern how federal criminal prosecutions are conducted.

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Hierarchical

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An organizational structure where elements are arranged by rank.

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Infancy Defense

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The common law doctrine that very young children were incapable of forming a culpable mental state, and thus were not subject to criminal prosecution.

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Judicial Review

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The power of the Supreme Court to determine the constitutionality of legislative enactments.

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Judiciary

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The court system of a country or state; judges taken collectively.

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Juvenile Justice

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Elements of the criminal justice system designed to deal with lawbreaking by those not old enough to enter the adult system.

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Legislature

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An elected body, such as Congress, that has the constitutional authority to make laws.

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Nonsystem Argument

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An argument that the components of the criminal justice system are in conflict, and that there is actually no system at all.

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Penal Code

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A body of statutes that specify crimes and their punishments; more commonly referred to as the substantive criminal law or the criminal code.

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Plea Bargain

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A negotiated agreement between the prosecution and the defendant where the defendant agrees to plead guilty to a lesser crime than that originally charged, or to a lesser sentence than can normally be expected if the case goes to trial.

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Procedural Due Process

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The constitutional idea that the criminal justice system must treat people in a fundamentally fair way.

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System

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A group of interrelated parts that work together to accomplish a common set of objectives.

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Three Branches of Government

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The three branches of the American government established by the Constitution are the executive, legislative, and judicial branches.

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Trial Court

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A court having original jurisdiction in criminal matters as opposed to an appellate court.

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Unconstitutional

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Not in accordance with the provisions of the Constitution of the United States or the Constitution of a particular state.

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United States Supreme Court

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The highest court in the United States; composed of eight associate Justices and one Chief Justice.

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SCOTUS

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Supreme Court of the United States