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Chapter 1
Introduction to Criminal Justice Systems
46
Criminal Justice
Undergraduate 1
10/14/2012

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Term
CRIMINAL JUSTICE SYSTEM
Definition
THE ENTIRE SYSTEM OF CRIMINAL PREVETION, DETECTION,APPREHENSION, TRIAL, SENTENCING, PUNISHMENT, OR OTHER FORMS OF SUPERVISION WITHIN THE COMMUNITY.
Term
SANCTION
Definition
A PENALTY OR PUNISHMENT THAT IS IMPOSED ON A PERSON IN ORDER TO ENFORCE A LAW.
Term
CRIMINAL
Definition
A PERSON FOUND GUILTY OF AN ACT THAT VIOLATES CRIMINAL LAW.
Term
INCAPACITATION
Definition
A PUNISHMENT THEORY USUALLY IMPLEMENTED BY IMPRISONING AN OFFENDER TO PREVENT THE COMMISSION OF ANY OTHER CRIMES BY THAT PERSON. IN SOME COUNTRIES (AND IN EARLIER DAYS IN THE U.S.) INCAPACITATION INVOLVED MUTILATION, SUCH AS REMOVING THE HANDS OF THIEVES AND CASTRATING SEX OFFENDERS.
Term
RETRIBUTION
Definition
THE BELIEF THAT THOSE WHO COMMIT CRIMES SHOULD SUFFER FOR THOSE CRIMES. ALSO, THE AMOUNT OR TYPE OF PUNISHMENT A PARTICULAR OFFENDER DESERVES TO RECEIVE.
Term
REHABILITATION
Definition
A PUNISHMENT PHILOSOPHY BASED ON THE BELIEF THAT THE OFFENDER CAN AND WILL CHANGE INTO A LAW-BIDING CITIZEN THROUGH TREATMENT PROGRAMS AND FACILITIES.
Term
DETERRRENCE
Definition
A PUNISHMENT PHILOSOPHY BASED ON THE ASSUMPTION THAT THE ACTS OF POTENTIAL OFFENDERS CAN BE PREVENTED.
Term
INDIVIDUAL DETERRENCE
Definition
PREVENTION OF ADDITIONAL CRIMINAL ACTS BY THE SPECIFIC INDIVIDUAL BEING PUNISHED
Term
GENERAL DETTERENCE
Definition
THE PRESUMED EFFECT THAT PUNISHING ONE OFFENDER WILL HAVE ON OTHER POTENTIAL OFFENDERS.
Term
REHABILITATIVE IDEAL
Definition
EMBODIED IN PROBABTION, PAROLE, THE INDETERMINATE SENTENCE, AND THE JUVENILE COURT.
Term
CASTRATION
Definition
REMOVAL OF THE TESTES IN THE MALE OR THE OVARIES
Term
JUST DESERTS
Definition
THE BELIEF THAT THOSE WHO COMMIT CRIMES SHOULD SUFFER FOR THOSE CRIMES. ALSO, THE AMOUNT OR TYPE OF PUNISHMENT A PARTICULAR OFFENDER DESERVES TO RECEIVE.
Term
DISCRETION
Definition
IN THE CRIMINAL JUSTICE SYSTEM, AUTHORITY TO MAKE DECSIONS BASED ON ONE'S OWN JUDGEMENT RATHER THAN ON SPECIFIED RULES.
Term
CRIMINAL LAW
Definition
STATUTES DEFINING ACTS SO OFFENSIVE THAT THEY THREATEN THE WELL-BEING OF SOCIETY AND REQUIRE THAT THE GOVERNMENT PROSECUTE THE ACCUSED. CRIMINAL LAW PRESCRIBE PUNISHMENTS THAT MAY BE IMPOSED ON OFFENDERS
Term
CIVIL LAW
Definition
DISTINGUISHED FROM CRIMINAL LAW AS THAT LAW PERTAINING TO PRIVATE RIGHTS.
Term
ADVERSARY SYSTEMS
Definition
ONE OF TWO PRIMARY SYSTEMS FOR SETTLING DISPUTES IN COURT. THE ACCUSED IS PRESUMED TO BE INNOCENT. A DEFENSE ATTORNEY AND A PROSECUTING ATTORNEY ATTEMPT TO CONVINCE A JUDGE OR A JURY OF THEIR VERSIONS OF THE CASE
Term
INQUISITORY SYSTEM
Definition
ONE OF TWO PRIMARY SYSTEMS FOR SETTLING DISPUTES IN COURT, IN WHICH DEFENDANTS MUST PROVE THEIR INNOCENCE, IN CONTRAST TO THE ADVERSARY, WHICH HAS A PRESUMPTION OF INNOCENCE, REQUIRING THE STATE/FEDERAL TO PROVE A DEFENDANT'S GUILT BEYOND A REASONABLE DOUBT.
Term
DUE PROCESS
Definition
THE CONSTITUTIONAL PRINCIPLE THAT A PERSON SHOULD NOT BE DEPRIVED OF LIFE, LIBERTY, OR PROPERTY WITHOUT REASONABLE AND LAWFUL PROCEDURES THAT MUST BE MADE AVAILABLE IN ANY CRIMINAL PROCEEDING, INCLUDING POSTCONVICTION PROCEDURES, SUCH AS PRISON DISCIPLINARY HEARINGS OR PAROLE REVOCATIONS.
Term
EQUAL PROTECTION
Definition
ALL PERSONS UNDER LIKE CIRCUMSTANCES MUST RECEIVE ESSENTIALLY THE SAME TREATMENT IN THE CRIMINAL JUSTICE SYSTEM; THEY MAY NOT BE DISCRIMINATED AGAINST BECAUSE OF RACE OR EHTNICITY, GENDER, MINORITY STATUS, DISABILITY, OR RELIGION.
Term
CRUEL AND UNUSUAL PUNISHMENT
Definition
THE PUNISHMENTS PROHIBITED BY THE 8TH AMENDMENT TO THE U.S. CONSTITUTION, AS INTERPRETED BY THE COURTS. (EXAMPLES: TORTURE, PRISON CONDITIONS THAT "SHOCK THE CONSCIENCE", EXCESSIVELY LONG SENTENCES, AND THE DEATH PENALY FOR RAPE BUT NOT MURDER OF AN ADULT WOMAN)
Term
STATUTORY LAW
Definition
LAW THAT THE LEGISLATURE HAS ORIGINATED AND PASSED BY A WRITTEN ENACTMENT.
Term
JURISDICTION
Definition
THE LAWFUL EXERCISE OF AUTHORITY. THE AREA WITHIN WHICH AUTHORITY MAY BE EXERCISED, SUCH AS THE GEOGRAPHICAL AREA WITHIN WHICH A PARTICULAR POLICE FORCE HAS AUTHORITY.
Term
CONCURRENT JURISDICTION
Definition
WHEN MORE THAN ONE COURT HAS AUTHORITY TO HEAR THE SAME CASE.
Term
EXCULSIVE JURISDICTION
Definition
ONLY ONE COURT MAY HEAR THE CASE
Term
APPELLATE JURISDICTION
Definition
POWER OF A COURT TO HEAR A CASE ON APPEAL
Term
CASE LAW
Definition
LEGALLY BINDING COURT INTERPRETATIONS OF WRITTEN LAWS OR RULES MADE BY THE COURTS
Term
COMMON LAW
Definition
BROADLY DEFINED, THE LEGAL THEORY AND LAW THAT ORIGINATED IN ENGLAND AND IS ALSO COMMON IN THE U.S. CONSISTS OF GUIDELINES, CUSTOMS, TRADITONS, AND JUDICIAL DECISION MAKING. CONSTRATED WITH CONSTITUTIONS AND WRITTEN LAWS.
Term
ADMINISTRATIVE LAW
Definition
RULES AND REGULATIONS MADE BY AGENCIES TO WHICH POWER HAS BEEN DELEGATED BY A STATE LEGISLATURE OR BY THE U.S. CONGRESS. ADMINISTRATIVE AGENCIES INVESTIGATE AND DECIDE CASES CONCERNING POTENTIAL VIOLATIONS OF THESE RULES.
Term
CRIME
Definition
AN ILLEGAL ACT OF OMISSION OR COMMISSION THAT IS PUNISHABLE BY CRIMINAL LAW
Term
MISDEMEANOR
Definition
A LESS SERIOUS OFFENSE, PUNISHABLE BY A FINE, PROBATION, OR A SHORT JAIL TERM.
Term
FELONY
Definition
A SERIOUS OFFENSE, SUCH AS MURDER, ARMED ROBBERY, OR RAPE. PUNISHMENT RANGES FROM EXECUTION TO IMPRISONMENT IN A STATE OR FEDERAL INSTITUION BUT ALSO INCLUDES PROBATION, COMMUNITY WORK SERVICE, FINES, AND OTHER LESS PUNITIVE SANCTIONS, AS WELL AS A COMBINATION OF THESE MEASURES.
Term
MALA IN SE
Definition
ACTIONS THAT ARE INTRINSICALLY IMMORAL, SUCH AS MURDER, FORCIBLE RAPE, AND ROBBERY
Term
MALA PROHIBITA
Definition
ACTIONS THAT ARE WRONG BECAUSE LEGISLATION PROHIBITS THEM, ALTHOUGH THERE MAY NOT BE GENERAL AGREEMENT THAT THEY ARE WRONG IN THEMSELVES, SUCH AS TH POSSESSION OF SMALL AMOUNTS OF MARIJUANA.
Term
ATTEMPT
Definition
IN CRIMINAL LAW, REFERS TO A CRIME THAT MAY BE DEFINED AS INVOLVING A SUBSTANTIAL STEP TOWARD THE COMMISSION WITH THE INTENT TO COMMIT THAT CRIME
Term
LEGAL DUTY
Definition
AN OBLIGATION TO ANOTHER THAT IS IMPOSED BY LAW, SUCH AS THE DUTY OF A PARENT TO GO TO THE RESCUE OF HIS/HER CHILD.
Term
MENS REA
Definition
THE CRIMINAL INTENT OF THE ACCUSED AT THE TIME THE CRIMINAL ACT IS COMMITTED
Term
NEGLIGENCE
Definition
IN LAW, AN ACT THAT A REASONBALE PERSON WOULD NOT DO, OR WOULD NOT FAIL TO DO UNER SIMILAR CIRCUMSTANCES. NEGLIGENCE DOES NOT REQURE CRIMINAL INTENT.
Term
MODEL PENAL CODE (MPC)
Definition
A SYSTEMATIZED STATEMENT OF CRIMINAL LAW BY THE AMERICAN LAW INSTITUTE. THIS CODE IS OFTEN USED AS THE MODEL FOR STATE CRIMINAL CODES.
Term
AIDS (ACQUIRED IMMUNE DEFICIENCY SYNDROME)
Definition
A DEADLY DISEASE THAT ATTACKS THE IMMUNE SYSTEM. IT IS COMMUNICATED THROUGH EXCHANGE OF BODY FLUIDS, ESPECIALLY DURING SEXUAL ACTIVITY AND BLOOD TRANSFUSIONS, BUT IT CAN ALSO BE TRANSMITTED IN OTHER WAYS.
Term
CAUSATION
Definition
IN CRIMINAL LAW, THE REQUIREMENT THAT THE ACT BE THE CAUSE OF THE HARMFUL CONSEQUENCE.
Term
ATTENDANT CIRCUMSTANCES
Definition
FACTS SURROUNDING A CRIME THAT ARE CONSIDERED TO BE A PART OF THAT CRIME AND THAT MUST BE PROVED ALONG WITH THE ELEMENTS OF THE CRIME
Term
DEFENSES
Definition
RESPONSES BY THE DEFENDANT IN A CRIMINAL OR CIVIL CASE. THEY MAY CONSIST ONLY OF A DENIAL OF THE FACTUAL ALLEGATIONS OF THE PROSECUTION OR OF THE PLAINTIFF. IF THE DEFENSE OFFERS NEW FACTUAL ALLEGATIONS IN AN EFFORT TO NEGATE THE CHARGES, THERE IS AN AFFIRMATIVE DEFENSE.
Term
IDENTITY THEFT
Definition
THE STEALING OF AN INDIVIDUAL'S SOCIAL SECURITY NUMBER OR OTHER IMPORTANT INFORMATION ABOUT HIS/HER IDENTITY AND USING THAT INFORMATION TO COMMIT CRIMES, SUCH AS REMOVING FUNDS FROM THE VICTIM'S BANK ACCOUNT.
Term
DATE RAPE
Definition
FORCED SEXUAL ACTS THAT OCCUR DURING A SOCIAL OCCASSION. THE ALLEGED VICTIM MAY HAVE AGREED TO SOME INTIMACY BUT NOT TO THE ACTIVITIES DEFINED IN THAT JURISDICTION AS CONSTITUTING THE ELEMENTS OF RAPE
Term
INJUNCTION
Definition
A PROHIBITIVE REMEDY ISSUED BY A COURT AND ORDERING SOMEONE OR AN AGENCY TO DO SOMETHING OR STOP DOING SOMETHING; BASED ON A REQUEST BY A PARTY WHO PETITIONS THE COURT FOR THE RELIEF.
Term
FETAL ABUSE
Definition
THE ABUSING OF A FETUS, WHICH MAY OR MAY NOT LEAD TO ITS DEATH. IN SOME JURISDICTIONS, ANY RESULTING INJURY MAY LEAD TO LEGAL CULPABILITY. IN A FEW STATES, KILLING A FETUS MAY RESULT IN MURDER CHARGES.
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