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Criminal Justice Test 2
Chapters 3 & 4
71
Criminal Justice
Undergraduate 1
09/21/2012

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Term
civil law
Definition
formal rules that regulate disputes between private parties
Term
criminal law
Definition
formal rules designed to maintain social control
Term
substantive criminal law
Definition
law defining the specific behaviors prohibited under the criminal law
Term
procedural law
Definition
the rules for adjudication of individuals suspected of violating the law
Term
constitutions
Definition
the fundamental principles of a society that guide the enactment of specific laws and the application of those laws by courts
Term
statutes
Definition
specific laws passed by legislatures that prohibit or mandate certain acts
Term
statutes
Definition
specific laws passed by legislatures that prohibit or mandate certain acts
Term
ordinances
Definition
laws that apply to a specific county, city or town
Term
criminal (penal) code
Definition
a compilation of all the criminal laws of a jurisdiction
Term
case law
Definition
judicial application and interpretation of law as it applies in a given case
Term
precedents
Definition
previous court decisions that are followed in current cases to ensure consistency in the application of the law
Term
administrative regulations
Definition
rules applied to organizations that are designed to protect public health, safety and welfare in the marketplace
Term
consensus view
Definition
the view that law reflects society's consensus regarding behavior that is harmful enough to warrant government intervention
Term
conflict view
Definition
the view that an act becomes a crime only when it serves the interest of those in positions of power
Term
jurisdiction
Definition
the authority of a state, county, or city to apply its own laws within its own territory
Term
common law
Definition
the body of unrecorded decisions made by English judges in the Middle Ages, reflecting the values, customs, and beliefs of the period
Term
criminal justice system
Definition
more than 55,000 government agencies that deal with aspects of crime, including criminal law enforcement, the courts, and corrections
Term
due process (constitutional)
Definition
a legal protection included in the Constitution that guarantees all citizens the right to be adjudicated under established law and legal procedures
Term
mens rea
Definition
the "guilty mind" or conscious decision to commit a criminal act
Term
actus reus
Definition
the behavior that must be committed to meet the definition of a crim
Term
criminal liability
Definition
establishing the presence of the elements of a crime in a given case, thereby subjecting the accused person to criminal penalties
Term
constructive possession
Definition
a condition in which a person has the opportunity to exercise control over an object
Term
actual possession
Definition
a condition in which a person has exclusive control over an object
Term
reasonableness standard
Definition
a standard under which persons are culpable for their actions if they understand the consequences of those actions
Term
intention
Definition
conscious purposiveness in conduct; a factor in the determination of criminal responsibility
Term
insanity defense
Definition
a claim that the defendant was not sane under law at the time of the act
Term
battered woman syndrome
Definition
an ongoing pattern of severe physical abuse that constitutes a continual threat of harm
Term
duress
Definition
a defense in which a person claims to have engaged in criminal conduct because of a threat of immediate and serious bodily harm by another person
Term
necessity
Definition
a defense in which a person claims to have engaged in otherwise criminal behavior because of the forces of nature
Term
mistake of fact
Definition
a defense in which a person claims that honest ignorance rules out the presence of a "guilty mind"
Term
ignorance of law
Definition
a defense in which a defendant claims that a law is not widely known and that the person could not have been expected to be aware of it
Term
entrapment
Definition
a defense designed to prevent the government from manufacturing crime by setting traps for unwary citizens
Term
probable cause
Definition
a reasonable link between a specific person and a particular crime; required before police can arrest or search
Term
warrant
Definition
a sworn statement by police that attests to the existence of probable cause in a given case
Term
arrest
Definition
process of taking a suspect into custody for the purpose of prosecution
Term
booking
Definition
a procedure in which an official record of the arrest is made
Term
summons
Definition
a written notice to appear in court
Term
bail
Definition
a form of pretrial release where the court holds money or property to ensure that the arrestee will appear for trial
Term
surety
Definition
bail posted by a bondsman on behalf of an arrestee
Term
plea
Definition
a statement of innocence or guilt
Term
arraignment
Definition
a hearing where the defendant is informed of the charges and of his or her rights and enters a plea
Term
information
Definition
a formal accusation of a crime filed by a prosecutor based on the findings of a preliminary hearing
Term
grand jury
Definition
a group of citizens who hear the evidence presented by a prosecutor to determine whether probable cause exists to hold a person for trial
Term
indictment
Definition
a formal accusation of a crime based on the vote of a grand jury
Term
bench trial
Definition
a trial in which the judge determines guilt or innocence
Term
jury trial
Definition
a trial in which the jury determines guilt or innocence
Term
mutual pledge system
Definition
system of community self-responsibility that existed during the Middle Ages, in which residents were held responsible for the conduct of their neighbors
Term
constable
Definition
citizen in charge of weapons for one hundred families in his geographic area.
Term
sentencing
Definition
a judge's decision as to what is to be the most appropriate punishment, given the type of crime and offender
Term
presentence investigation
Definition
done by probation department that seeks information regarding the offender's personal and social background, etc.
Term
incarceration
Definition
segregation of offenders from the rest of the community in jails or prisons
Term
parole
Definition
a phase of the criminal justice system in which an offender completes the end of a prison sentence under supervision in the community
Term
appeal
Definition
a review of lower court decisions by a higher court to look for errors of law or procedure
Term
justices
Definition
the title of the judges of an appellate court
Term
mistrial
Definition
a trial that has been declared invalid because of a substantial error in law or procedure
Term
shire reeve
Definition
official appointed by British Crown who was responsible for overseeing the constables and several hundred families in an area
Term
watch and ward system
Definition
established in England in 1285 to aid constables in their law enforcement efforts
Term
justice of the peace
Definition
established in 1326 to assist the sheriff in enforcing the law; role eventually shifted to adjudication
Term
preventive police
Definition
first organized police department in London (1829)
Term
crime commissions
Definition
focused on the improved operation of the criminal justice system as the best way to reduce crime
Term
progressivism
Definition
early-twentieth-century era in policing that focused on efficiency, professionalism and improved technology
Term
professionalization
Definition
changes in police organization, administration and technology aimed at improving the efficiency of the police
Term
Law Enforcement Assistance Administration (LEAA)
Definition
1968; set up within the Department of Justice to allocate money to improve the efficiency and effectiveness of the criminal justice system
Term
community policing
Definition
service-oriented style of law enforcement that focuses on disorder in the community, crime prevention, and fear reduction
Term
Weed and Seed
Definition
federal programs that combine enforcement with community services in an effort to reduce crime in targeted neighborhoods
Term
state police
Definition
primarily engaged in highway patrol activities; half have the authority to conduct investigative work
Term
federal law enforcement
Definition
17 different agencies that investigate violations of federal law; perform exclusively investigative functions
Term
transnational law enforcement
Definition
international agreements and efforts that attempt to serve the interest of all nations in the face of the growth of international travel
Term
Interpol
Definition
International Criminal Police Organization (177); assists member law enforcement agencies requiring information about crimes or criminals
Term
multijurisdictional task forces
Definition
multiagency efforts to combat multijurisdictional crimes allowing for pooling of evidence, personnel and expertise to reduce unnecessary duplication of effort
Term
private security
Definition
law enforcement agencies that protect private property and are paid by private individuals and corporations
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