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Intro to Crim J 5th Edition
Chapters 1-4
134
Criminology
Undergraduate 3
09/25/2009

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Term
5 GENERAL TYPES OF PUNISHMENT
Definition
FINES, PROBATION, INTERMEDIATE PUNISHMENTS, IMPRISONMENT, AND DEATH
Term
ACTUS REUS
Definition
CRIMINAL CONDUCT-- SPECIFICALLY, INTENTIONAL OR CRIMINALLY NEGLIGENT (RECKLESS) ACTION OR INACTION THAT CAUSES HARM
Term
ANOMIE
Definition
FOR DURKHEIM, THE DISSOCIATION OF THE INDIVIDUAL FROM THE COLLECTIVE CONSCIENCE. FOR MERTON, THE CONTRADICTION BETWEEN THE CULTURAL GOAL OF ACHIEVING WEALTH AND THE SOCIAL STRUCTURE'S INABILITY TO PROVIDE LEGITIMATE INSTITUTIONAL MEANS FOR ACHIEVING THE GOAL. FOR CHOSEN IT IS CAUSED BY THE INABILITY OF JUVENILES TO ACHIEVE STATUS AMONG PEERS BY SOCIALLY ACCEPTABLE MEANS.
Term
ANOMIC
Definition
FEELS SEPARATED FROM THE SOCIAL GROUP. PEOPLE CAN ADAPT TO THIS THEORY. SOME GIVE UP AND SUBMERGE THEMSELVES AND RETREAT
Term
ARRAIGNMENT
Definition
(HAPPENS AFTER AN INDICTMENT OR INFORMATION IS FILED W. THE TRIAL COURT) A PRETRIAL STAGE TO HEAR THE INFORMATION OR INDICTMENT AND TO ALLOW A PLEA
Term
ARREST
Definition
SEIZING AND DETAINING OF A PERSON BY LAWFUL AUTHORITY
Term
ARREST
Definition
THE SEIZURE OF A PERSON OR THE TAKING OF A PERSON INTO CUSTODY, EITHER ACTUAL PHYSICAL CUSTODY, AS WHEN A SUSPECT IS HANDCUFFED BY A POLICE OFFICER, OR CONSTRUCTIVE CUSTODY, AS WHEN A PERSON PEACEFULLY SUBMITS TO A POLICE OFFICER'S CONTROL
Term
ATAVIST
Definition
A PERSON WHO REVERTS TO A SAVAGE TYPE
Term
BENCH TRIAL
Definition
A TRIAL BEFORE A JUDGE WITHOUT A JURY, 95% OF CASES SOLVED THIS WAY
Term
BEYOND A REASONABLE DOUBT
Definition
THE STANDARD OF PROOF NECESSARY TO FIND A DEFENDANT GUILTY IN A CRIMINAL TRIAL.
Term
BIOLOGICAL INFERIORITY
Definition
ACCORDING TO BIOLOGICAL THEORIES, A CRIMINAL'S INNATE PHYSIOLOGICAL MAKEUP PRODUCES CERTAIN PHYSICAL OR GENETIC CHARACTERISTICS THAT DISTINGUISH CRIMINALS FROM NONCRIMINALS
Term
CHICAGO SCHOOL
Definition
A GROUP OF SOCIOLOGISTS AT THE UNIVERSITY OF CHICAGO WHO ASSUMED IN THEIR RESEARCH THAT DELINQUENT BEHAVIOR WAS A PRODUCT OF SOCIAL DISORGANIZATION
Term
CIVIL LAW
Definition
ONE OF 2 GENERAL TYPES OF LAW PRACTICED IN THE US; A MEANS OF RESOLVING CONFLICTS B/T INDIVIDUALS. IT INCLUDES PERSONAL INJURY CLAIMS (TORTS), THE LAW OF CONTRACTS AND PROPERTY, AND SUBJECTS SUCH AS ADMINISTRATIVE LAW AND THE REGULATION OF PUBLIC UTILITIES.
Term
CLASS STRUGGLE
Definition
FOR RADICAL CRIMINOLOGISTS, THE COMPETITION AMONG WEALTHY PEOPLE AND AMONG POOR PEOPLE AND BETWEEN RICH AND POOR PEOPLE WHICH CAUSES CRIME.
Term
CLASSICAL THEORY
Definition
(ENLIGHTENMENT PERIOD) PEOPLE EXERCISE FREE WILL AND ARE RESPONSIBLE FOR THEIR BEHAVIOR AND THEY ARE MOTIVATED BY HEDONISTIC MOTIVES.
Term
CLEAR AND CONVINCING EVIDENCE
Definition
THE STANDARD OF PROOF REQUIRED IN SOME CIVIL CASES AND IN FEDERAL COURTS, THE STANDARD OF PROOF NECESSARY FOR A DEFENDANT TO MAKE A SUCCESSFUL CLAIM OF INSANITY
Term
COLLECTIVE CONSCIENCE
Definition
THE GENERAL SENSE OF MORALITY OF THE TIMES
Term
CONFESSION
Definition
AN ADMISSION BY A PERSON ACCUSED OF A CRIME THAT HE OR SHE COMMITTED THE OFFENSE CHARGED.
Term
CONFLICT THEORY
Definition
A THEORY THAT ASSUMES THAT SOCIETY IS BASED PRIMARILY ON CONFLICT BETWEEN COMPETING INTEREST GROUPS AND THAT CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM ARE USED TO CONTROL SUBORDINATE GROUPS. CRIME IS CAUSED BY RELATIVE POWERLESSNESS.
Term
CONTRABAND
Definition
AN ILLEGAL SUBSTANCE OR OBJECT
Term
CRIME CONTROL MODEL
Definition
ONE OF PACKER'S TWO MODES OF THE CRIMINAL JUSTICE PROCESS. POLITICALLY, IT REFLECTS TRADITIONAL CONSERVATIVE VALUES. IN THIS MODEL, THE CONTROL OF CRIMINAL BEHAVIOR IS THE MOST IMPORTANT FUNCTION OF CRIMINAL JUSTICE
Term
CRIME INDEX
Definition
AN ESTIMATE OF CRIMES COMMITTED
Term
CRIME INDEX OFFENSES CLEARED
Definition
THE NUMBER OF OFFENSES FOR WHICH AT LEAST 1 PERSON HAS BEEN ARRESTED, CHARGED WITH THE COMMISSION OF THE OFFENSE, AND TURNED OVER TO THE COURT FOR PROSECUTION.
Term
CRIME RATE
Definition
A MEASURE OF THE INCIDENCE OF CRIME EXPRESSED AS THE NUMBER OF CRIMES PER UNIT OF POPULATION OR SOME OTHER BASE
Term
CRIMINAL LAW
Definition
ONE OF TWO GENERAL TYPES OF LAW PRACTICED IN THE US; A FORMAL MEANS OF SOCIAL CONTROL THAT USES RULES INTERPRETED AND ENFORCED BY THE COURTS TO SET LIMITS TO THE CONDUCT OF THE CITIZENS, TO GUIDE THE OFFICIALS AND TO DEFINE UNACCEPTABLE BEHAVIOR. REFLECTS SOCIAL VALUES
Term
CRIMINALIZATION PROCESS
Definition
THE WAY PEOPLE AND ACTIONS ARE DEFINED AS CRIMINAL
Term
CRIMINOLOGICAL THEORY
Definition
THE EXPLANATION OF CRIMINAL BEHAVIOR, AS WELL AS THE BEHAVIOR OF POLICE, ATTORNEYS, PROSECUTORS, JUDGES, CORRECTIONAL PERSONNEL, VICTIMS, AND OTHER ACTORS IN THE CRIMINAL JUSTICE PROCESS
Term
DARK FIGURE OF CRIME
Definition
THE NUMBER OF CRIMES NOT OFFICIALLY RECORDED BY THE POLICE
Term
DEFENDANT
Definition
PERSON AGAINST WHOM A LEGAL ACTION IS BROUGHT, A WARRANT IS USED, OR AN INDICTMENT IS FOUND.
Term
DIFFERENTIAL ASSOCIATION
Definition
SUTHERLAND'S THEORY THAT PERSONS WHO BECOME CRIMINAL DO SO BECAUSE OF CONTACTS WITH CRIMINAL PATTERS AND ISOLATION FROM ANTI-CRIMINAL PATTERNS
Term
DOCTRINE OF FUNDAMENTAL FAIRNESS
Definition
THE RULE THAT MAKES CONFESSIONS INADMISSIBLE IN CRIMINAL TRIALS IF THEY WERE OBTAINED Y MEANS OF EITHER PSYCHOLOGICAL MANIPULATION OR "THIRD-DEGREE" METHODS.
Term
DOUBLE JEOPARDY
Definition
THE TRYING OF A DEFENDANT A SECOND TIME FOR THE SAME OFFENSE WHEN JEOPARDY ATTACHES IN THE FIRST TRIAL AND MISTRIAL WIS NOT DECLARED
Term
DUE PROCESS LAW
Definition
THE RIGHTS OF PEOPLE SUSPECTED OF OR CHARGED WITH CRIMES. (were right's distributed fairly?)
Term
DUE PROCESS MODEL
Definition
ONE OF PACKER'S TWO MODELS OF THE CRIMINAL JUSTICE PROCESS. POLITICALLY, IT EMBODIES TRADITIONAL LIBERAL VALUES. IN THIS MODEL, THE PRINCIPAL GOAL OF CRIMINAL JUSTICE IS AT LEAST AS MUCH TO PROTECT THE INNOCENT AS IT IS TO CONVICT THE GUILTY.
Term
DURESS
Definition
FORCE OR COERCION AS AN EXCUSE FOR COMMITTING A CRIME
Term
EIGHT INDEX CRIMES
Definition
THE PART 1 OFFENSES IN THE FBI'S UNIFORM CRIME REPORTS. THEY WERE (1) MURDER AND NONNEGLIGENT MANSLAUGHTER, (2) FORCIBLE RAPE, (3) ROBBERY, (4) AGGRAVATED ASSAULT, (5) BURGLARY, (6) LARCENY-THEFT, (7) MOTOR VEHICLE THEFT, AND (8) ARSON, WHICH WAS ADDED IN 1979.
Term
ELEMENTS FOR CRIME TO HAVE OCCURRED
Definition
HARM, LEGALITY, ACTUS REUS, MES REA, CAUSATION, CONCURRENCE, AND PUNISHMENT
Term
ENTRAPMENT
Definition
A LEGAL DEFENSE AGAINST CRIMINAL RESPONSIBILITY WHEN A PERSON, WHO WAS NOT ALREADY PREDISPOSED TO IT, IS INDUCED INTO COMMITTING A CRIME BY A LAW ENFORCEMENT OFFICER OR BY HIS OR HER AGENT
Term
EX POST FACTO LAW
Definition
A LAW THAT (1) DECLARES CRIMINAL AN ACT THAT WAS NOT ILLEGAL WHEN IT WAS COMMITTED, (2) INCREASES THE PUNISHMENT FOR A CRIME AFTER IT IS COMMITTED, OR (3) ALTERS THE RULES OF EVIDENCE IN A PARTICULAR CASE AFTER THE CRIME IS COMMITTED.
Term
EXCLUSIONARY RULE
Definition
THE RULE THAT ILLEGALLY SEIZED EVIDENCE MUST BE EXCLUDED FROM TRIALS IN FEDERAL COURTS.
Term
FEMINIST THEORY
Definition
A PERSPECTIVE ON CRIMINALITY THAT FOCUSES ON WOMEN'S EXPERIENCES AND SEEKS TO ABOLISH MEN'S CONTROL OVER WOMEN'S LABOR AND THEIR SEXUALITY.
Term
FRISKING
Definition
CONDUCTING A SEARCH OF WEAPONS BY PATTING THE OUTSIDE OF A SUSPECT;S CLOTHING, FEELING FOR HARD OBJECTS THAT MIGHT BE WEAPONS
Term
GENERAL DETERRENCE
Definition
THE PREVENTION OF PEOPLE IN GENERAL OR SOCIETY AT LARGE FROM ENGAGING IN CRIME BY PUNISHING SPECIFIC INDIVIDUALS AND MAKING EXAMPLES OF THEM.
Term
GRAND JURY
Definition
(USED IN ONLY ABOUT HALF THE STATES). GROUP OF CITIZENS WHO MEET TO INVESTIGATE CHARGES COMING FROM PRELIMINARY HEARINGS. ISSUE AN INDICTMENT
Term
HARM
Definition
EXTERNAL CONSEQUENCE REQUIRED TO MAKE AN ACTION A CRIME
Term
IMITATION OR MODELING
Definition
A MEANS BY WHICH A PERSON CAN LEARN NEW RESPONSES BY OBSERVING OTHERS WITHOUT PERFORMING ANY OVERT ACT OR RECEIVING DIRECT REINFORCEMENT OR REWARD.
Term
INFORMATION
Definition
USED WHEN JURIES FAIL TO INDICT DEFENDANT. A DOCUMENT THAT OUTLINES THE FORMAL CHARGES AGAINST A SUSPECT, THE LAWS THAT HAVE BEEN VIOLATED, AND THE EVIDENCE TO SUPPORT THE CHARGE
Term
INITIAL APPEARANCE
Definition
A PRETRIAL STAGE IN WHICH A DEFENDANT IS BROUGHT BEFORE A LOWER COURT TO BE GIVEN NOTICE OF THE CHARGE(S) AND ADVISED OF HER OR HIS CONSTITUTIONAL RIGHTS
Term
INSANITY
Definition
MENTAL OR PSYCHOLOGICAL IMPAIRMENT OR RETARDATION AS A DEFENSE AGAINST A CRIMINAL CHARGE
Term
INSTITUTION OF SOCIAL CONTROL
Definition
AN ORGANIZATION THAT PERSUADES PEOPLE, THROUGH SUBTLE AND NOT-SO-SUBTLE MEANS, TO ABIDE BY THE DOMINANT VALUES OF SOCIETY
Term
JURISDICTION
Definition
A POLITICALLY DEFINED GEOGRAPHICAL AREA
Term
JUVENILE DELINQUENCY
Definition
A SPECIAL CATEGORY OF OFFENSE CREATED FOR YOUNG OFFENDERS, USUALLY THOSE BETWEEN 7 AND 18 YEARS OF AGE
Term
LABELING THEORY
Definition
A THEORY THAT EMPHASIZES THE CRIMINALIZATION PROCESS AS THE CAUSE OF SOME CRIME
Term
LEARNING THEORY
Definition
A THEORY THAT EXPLAINS CRIMINAL BEHAVIOR AND ITS PREVENTION WITH THE CONCEPTS OF POSITIVE REINFORCEMENT, NEGATIVE REINFORCEMENT, EXTINCTION, PUNISHMENT, AND MODELING, OR IMITATION
Term
LEFT REALISTS
Definition
A GROUP OF SOCIAL SCIENTISTS WHO ARGUE THAT CRITICAL CRIMINOLOGISTS NEED TO REDIRECT THEIR ATTENTION TO THE FEAR AND THE VERY REAL VICTIMIZATION EXPERIENCED BY WORKING-CLASS PEOPLE
Term
LEGAL DEFINITION OF CRIME
Definition
AN INTENTIONAL VIOLATION OF THE CRIMINAL LAW OR PENAL CODE, COMMITTED WITHOUT DEFENSE OR EXCUSE AND PENALIZED BY THE STATE.
Term
LEGALITY
Definition
THE REQUIREMENT (1)THAT A HARM MUST BE LEGALLY FORBIDDEN FOR THE BEHAVIOR TO BE A CRIME AND (2) THAT THE LAW MUST NOT BE RETROACTIVE.
Term
LIMBIC SYSTEM
Definition
A STRUCTURE SURROUNDING THE BRAIN STEM THAT, IN PART, CONTROLS THE LIFE FUNCTIONS OF HEARTBEAT, BREATHING, AND SLEEP. IT ALSO IS BELIEVED TO MODERATE EXPRESSIONS OF VIOLENCE; SUCH EMOTIONS AS ANGER, RAGE, AND FEAR; AND SEXUAL RESPONSE
Term
MALA IN SE
Definition
WRONG IN THEMSELVES. A DESCRIPTION APPLIED TO CRIMES THAT ARE CHARACTERIZED BY UNIVERSALITY AND TIMELESSNESS.
Term
MALA PROHIBITA
Definition
OFFENSES THAT ARE ILLEGAL BECAUSE LAWS DEFINE THEM AS SUCH. THEY LACK UNIVERSALITY AND TIMELESSNESS.
Term
MENS REA
Definition
CRIMINAL INTENT; A GUILTY STATE OF MIND
Term
MERE SUSPICION
Definition
THE STANDARD OF PROOF WITH THE LEAST CERTAINTY; A "GUT FEELING." WITH ____ ______, A LAW ENFORCEMENT OFFICER CANNOT LEGALLY EVEN STOP A SUSPECT.
Term
MISDEMEANOR
Definition
A LESS SERIOUS CRIME GENERALLY PUNISHABLE BY A FINE OR BY INCARCERATION IN JAIL FOR NOT MORE THAN 1 YEAR
Term
NATIONAL CRIME VICTIMIZATION SURVEYS (NCVS)
Definition
A SOURCE OF CRIME STATISTICS BASED ON INTERVIEWS IN WHICH RESPONDENTS ARE ASKED WHETHER THEY HAVE BEEN VICTIMS OF ANY OF THE FBI'S INDEX OFFENSES OR OTHER CRIES DURING THE PAST 6 MONTHS. IF THEY HAVE THEY ARE ASKED TO PROVIDE INFORMATION ABOUT THE EXPERIENCE
Term
NECESSITY DEFENSE
Definition
A LEGAL DEFENSE AGAINST CRIMINAL RESPONSIBILITY USED WHEN A CRIME HAS BEEN COMMITTED TO PREVENT A MORE SERIOUS CRIME
Term
NEGLIGENCE
Definition
FAILURE TO TAKE REASONABLE PRECAUTIONS TO PREVENT HARM
Term
NEOCLASSICAL THEORY
Definition
A MODIFICATION OF CLASSICAL THEORY IN WHICH IT WAS CONCEDED THAT CERTAIN FACTORS, SUCH AS INSANITY, MIGHT INHIBIT THE EXERCISE OF FREE WILL
Term
NON-ENFORCEMENT
Definition
THE FAILURE TO ROUTINELY ENFORCE PROHIBITIONS AGAINST CERTAIN BEHAVIORS
Term
NORM
Definition
ANY STANDARD OR RULE REGARDING WHT HUMAN BEINGS SHOULD OR SHOULD NOT THINK, SAY, OR DO UNDER GIVEN CIRCUMSTANCES
Term
OFFENSES KNOWN TO THE POLICE
Definition
A CRIME INDEX, REPORTED IN THE FBI'S UNIFORM CRIME REPORTS, COMPOSED OF CRIMES THAT ARE BOTH REPORTED TO AND RECORDED BY THE POLICE (MOST INACCURATE)
Term
OVERCRIMINALIZATION
Definition
PROHIBITION BY THE CRIMINAL LAW OF SOME BEHAVIORS THAT ARGUABLY SHOULD NOT BE PROHIBITED
Term
PAROLE
Definition
THE CONDITIONAL RELEASE OF PRISONERS BEFORE THEY HAVE SERVED THEIR FULL SENTENCES
Term
PATRIARCHY
Definition
MEN'S CONTROL OVER WOMEN'S LABOR AND SEXUALITY
Term
PEACEMAKING CRIMINOLOGY/THEORY
Definition
AN APPROACH THAT SUGGESTS THAT THE SOLUTIONS TO ALL SOCIAL PROBLEMS, INCLUDING CRIME, ARE THE TRANSFORMATION OF HUMAN BEINGS, MUTUAL DEPENDENCE, REDUCTION OF CLASS STRUCTURES, CREATION OF COMMUNITIES OF CARING PEOPLE, AND UNIVERSAL SOCIAL JUSTICE. (solution is transforming all human beings)
Term
PENAL CODE
Definition
THE CRIMINAL LAW OF A POLITICAL JURISDICTION
Term
PENAL SANCTION/PENALTY
Definition
AN IDEAL CHARACTERISTIC OF CRIMINAL LAW; THE PRINCIPLE THAT VIOLATORS WILL BE PUNISHED OR AT LEAST THREATENED WITH PUNISHMENT BY THE STATE
Term
PLEA BARGAINING
Definition
THE PRACTICE WHEREBY A SPECIFIC SENTENCE IS IMPOSED IF THE ACCUSED PLEADS GUILTY TO AN AGREED-UPON CHARGE OR CHARGES INSTEAD OF GOING TO TRIAL.
Term
POLITICALITY
Definition
AN IDEAL CHARACTERISTIC OF CRIMINAL LAW, REFERRING TO ITS LEGITIMATE SOURCE. ONLY VIOLATIONS OF RULES MADE BY THE STATE, THE POLITICAL JURISDICTION THAT ENACTED THE LAWS, ARE CRIMES
Term
POSTMODERNISM
Definition
AN AREA OF CRITICAL THOUGHT THAT, AMONG OTHER THINGS, ATTEMPTS TO UNDERSTAND THE CREATION OF KNOWLEDGE AND HOW KNOWLEDGE AND LANGUAGE CREATE HIERARCHY AND DOMINATION.
Term
POWER DIFFERENTIALS
Definition
THE ABILITY OF SOME GROUPS TO DOMINATE OTHER GROUPS IN A SOCIETY
Term
PRECEDENT
Definition
A DECISION THAT FORMS A POTENTIAL BASIS FOR DECIDING THE OUTCOMES OF SIMILAR CASES IN THE FUTURE; A BY-PRODUCT OF DECISIONS MADE BY TRIAL AND APPELATE COURT JUDGES, WHO PRODUCE CASE LAW WHENEVER THEY RENDER A DECISION IN A PARTICULAR CASE
Term
PRELIMINARY HEARING
Definition
IN A FELONY CASE (ONLY), A PRETRIAL STAGE AT WHICH A JUDGE DETERMINES WHETHER THERE IS PROBABLE CAUSE
Term
PREPONDERANCE OF EVIDENCE
Definition
EVIDENCE THAT MORE LIKELY THAN NOT OUTWEIGHS THE OPPOSING EVIDENCE, OR SUFFICIENT EVIDENCE TO OVERCOME DOUBT OR SPECULATION
Term
PROBABLE CAUSE
Definition
A STANDARD OF PROOF THAT REQUIRES TRUSTWORTHY EVIDENCE SUFFICIENT TO MAKE A REASONABLE PERSON BELIEVE THAT, MORE LIKELY THAN NO, THE PROPOSED ACTION IS JUSTIFIED
Term
PROBABLE CAUSE
Definition
THE AMT OF PROOF NECESSARY FOR A REASONABLY INTELLIGENT PERSON TO BELIEVE THAT A CRIME HAS BEEN COMMITTED OR THAT ITEMS CONNECTED WITH CRIMINAL ACTIVITY CAN BE FOUND IN A PARTICULAR PLACE. IT IS THE STANDARD OF PROOF NEEDED TO CONDUCT A SEARCH OR TO MAKE AN ARREST.
Term
PROCEDURAL LAW
Definition
THE BODY OF LAW THAT GOVERNS THE WAYS SUBSTANTIVE LAWS ARE ADMINISTERED. SOMETIMES CALLED ADJECTIVE OR REMEDIAL LAW. WHAT IS NEEDED TO ENFORCE THE LAWS
Term
PSYCHOPATHS, SOCIOPATHS, OR ANTISOCIAL PERSONALITIES
Definition
PERSONS CHANRACTERIZED BY NO SENSE OF GUILT, NO SUBJECTIVE CONSCIENCE, AND NO SENSE OF RIGHT AND WRONG. THEY HAVE DIFFICULTY IN FORMING RELATIONSHIPS WITH OTHER PEOPLE; THEY CANNOT EMPATHIZE WITH OTHER PEOPLE
Term
RADICAL THEORIES
Definition
THEORIES OF CRIME CAUSATION THAT RE GENERALLY BASED ON A MARXIST THEORY OF CLASS STRUGGLE
Term
REASONABLE SUSPICION
Definition
A STANDARD OF PROOF THAT IS MORE THAN A GUT FEELING. IT INCLUDES THE ABILITY TO ARTICULATE REASONS FOR THE SUSPICION. WITH REASONABLE SUSPICION, A LAW ENFORCEMENT OFFICER IS LEGALLY PERMITTED TO STOP AND FRISK A SUSPECT
Term
REGULARITY
Definition
AN IDEAL CHARACTERISTIC OF CRIMINAL LAW; THE APPLICABILITY OF THE LAW TO ALL PERSONS, REGARDLESS OF SOCIAL STATUS
Term
RELATIVE DEPRIVATION
Definition
REFERS TO INEQUALITIES (IN RESOURCES, OPPORTUNITIES, MATERIAL GOODS, ETC.) THAT ARE DEFINED BY A PERSON AS UNFAIR OR UNJUST.
Term
RELATIVE POWERLESSNESS
Definition
IN CONFLICT THEORY, THE ABILITY TO DIMINATE OTHER GROUPS IN SOCIETY
Term
SEARCHES
Definition
EXPLORATIONS OR INSPECTIONS, BY LAW ENFORCEMENT OFFICERS, OF HOMES, PREMISES, VEHICLES, OR PERSONS, FOR THE PURPOSE OF DISCOVERING EVIDENCE OF CRIMES OR PERSONS WHO ARE ACCUSED OF CRIMES.
Term
SEIZURES
Definition
THE TAKING OF PERSONS OR PROPERTY INTO CUSTODY IN RESPONSE TO VIOLATIONS OF THE CRIMINAL LAW
Term
SELF INCRIMINATION
Definition
BEING A WITNESS AGAINST ONESELF, IF FORCED, IT IS A VIOLATION OF THE 5TH AMENDMENT
Term
SELF-REPORT CRIME SURVEYS
Definition
SURVEYS IN WHICH SUBJECTS ARE ASKED WHETHER THEY HAVE COMMITTED CRIMES
Term
SOCIAL CONTRACT
Definition
AN IMAGINARY AGREEMENT TO SACRIFICE THE MINIMUM AMOUNT OF LIBERTY NECESSARY TO PERCENT ANARCHY AND CHAOS
Term
SOCIAL CONTROL THEORY
Definition
A VIEW IN WHICH PEOPLE ARE EXPECTED TO COMMIT CRIME AND DELINQUENCY UNLESS THEY ARE PREVENTED FROM DOING SO
Term
SOCIAL DISORGANIZATION
Definition
THE CONDITION IN WHICH THE USUAL CONTROLS OVER DELINQUENTS ARE LARGELY ABSENT, DELINQUENT BEHAVIOR IS OFTEN APPROVED OF BY PARENTS AND NEIGHBORS, THERE ARE MANY OPPORTUNITIES FOR DELINQUENT BEHAVIOR, AND THERE IS LITTLE ENCOURAGEMENT, TRAINING, OR OPPORTUNITY FOR LEGITIMATE EMPLOYMENT
Term
SPECIAL (SPECIFIC) DETERRENCE
Definition
THE PREVENTION OF INDIVIDUALS FORM COMMITTING CRIME AGAIN BY PUNISHING THEM
Term
SPECIFICITY
Definition
AN IDEAL CHARACTERISTIC OF CRIMINAL LAW, REFERRING TO ITS SCOPE. ALTHOUGH CIVIL LAW MAY BE GENERAL IN SCOPE, CRIMINAL LAW SHOULD PROVIDE STRICT DEFINITIONS OF SPECIFIC ACTS.
Term
STARE DECISIS
Definition
THE PRINCIPLE OF USING PRECEDENTS TO GUIDE FUTURE DECISIONS IN COURT CASES; LATIN FOR "TO STAND BY DECIDED CASES."
Term
STATUS OFFENSE
Definition
AN ACT THAT IS ILLEGAL FOR A JUVENILE BUT WOULD NOT BE A CRIME IF COMMITTED BY AN ADULT
Term
STATUS OFFENSE
Definition
AN ACT THAT IS ILLEGAL FOR A JUVENILE BUT WOULD NOT BE A CRIME IF COMMITTED BY AN ADULT
Term
SUBPOENA
Definition
A WRITTEN ORDER ISSUED BY A COURT THAT REQUIRES A PERSON TO APPEAR AT A CERTAIN TIME AND PLACE TO GIVE TESTIMONY. IT CAN ALSO REQUIRE THAT DOCUMENTS AND OBJECTS BE MADE AVAILABLE FOR EXAMINATION BY THE COURT.
Term
SUBSTANTIVE LAW
Definition
THE BODY OF LAW THAT DEFINES CRIMINAL OFFENSES AND THEIR PENALTIES
Term
SUMMARY TRIAL
Definition
AN IMMEDIATE TRIAL WITHOUT JURY. USUALLY USED FOR A MISDEMEANOR OR AN ORDINANCE VIOLATION. IN FELONY IT'S USED TO DETERMINE WHETHER THE DEFENDANT SHOULD BE RELEASED OR WHETHER THERE IS PROBABLE CAUSE TO HOLD THE DEFENDANT FOR A PRELIMINARY HEARING
Term
SYSTEM
Definition
SMOOTHLY OPERATING SET OF ARRANGEMENTS AND INSTITUTIONS DIRECTED TOWARD THE ACHIEVEMENT OF COMMON GOALS
Term
THEORY
Definition
AN ASSUMPTION (OR SET OF ASSUMPTIONS) THAT ATTEMPTS TO EXPLAIN WHY OR HOW THINGS ARE RELATED TO EACH OTHER
Term
TORT
Definition
A VIOLATION OF THE CIVIL LAW
Term
UNDERCRIMINALIZATION
Definition
THE FAILURE TO PROHIBIT SOME BEHAVIORS THAT ARGUABLY SHOULD BE PROHIBITED
Term
UNIFORMITY
Definition
AN IDEAL CHARACTERISTIC OF CRIMINAL LAW; THE ENFORCEMENT OF THE LAWS AGAINST EVERYONE WHO VIOLATES THEM, REGARDLESS OF SOCIAL STATUS
Term
US CONSTITUTION'S 8TH AMENDMENT
Definition
PROHIBITS CRUEL AND UNUSUAL PUNISHMENTS
Term
UTILITY
Definition
THE PRINCIPLE THAT A POLICY SHOULD PROVIDE "THE GREATEST HAPPINESS SHARED BY THE GREATEST NUMBER."
Term
WARRANT
Definition
A WRITTEN ORDER FROM A COURT DIRECTING LAW ENFORCEMENT OFFICERS TO CONDUCT A SEARCH OR TO ARREST A PERSON.
Term
PETTY CRIMES
Definition
DO NOT HAVE A RIGHT FOR TRIAL BY JURY, JUST A SUMMARY
Term
PR OR PERSONAL RECOGNIZANCE BOND
Definition
NON-MONETARY BOND
Term
CONSTITUTION:
ACT 1
ACT 2
ACT 3
Definition
1)LEGISLATIVE
2)EXECUTIVE
3)JUDICIAL
Term
TRADITIONAL VIEW OF THE LAW
Definition
THIS VIEW IS NOT GOING TO STRAY FROM THE WORD OF THE LAW
Term
SOCIOLOGICAL VIEW OF THE LAW
Definition
THIS VIEW CAN HAVE THE JUDGES INTERPRET THE LAW-PREVENTS LOOPHOLES
Term
POSITIVIST SCHOOL OF THOUGHT
Definition
1)HUMAN BEHAVIOR IS DETERMINED AND NOT A MATTER OF FREE WILL.
2)CRIMINALS ARE FUNDAMENTALLY DIFFERENT FROM NONCRIMINALS
3) SOCIAL SCIENTISTS CAN BE OBJECTIVE , OR VALUE-NEUTRAL, IN THEIR WORK
4)CRIME IS FREQUENTLY CAUSED BY MULTIPLE FACTORS
5) SOCIETY IS BASED ON CONSENSUS BUT NOT ON A SOCIAL CONTRACT
Term
RETRIBUTION
Definition
PREVENT UNDESIRED CONDUCT
Term
RESTITUTION
Definition
HAVING OFFENDER DIRECTLY OR INDIRECTLY PAY THE VICTIM
Term
MOSAIC LAW
Definition
10 COMMANDMENTS. MOSTLY COMMON DAY
Term
FEDERAL GOVERNMENT
Definition
GOVERNMENT THAT CAN ONLY MAKE WAR. HUNDREDS OF LOCAL GOVERNMENTS (CITIES, COUNTIES, VILLAGES, TOWNS, ETC).
Term
FEDERALISM
Definition
DIVISION OF POWER BETWEEN FEDERAL, STATE, AND LOCAL GOVERNMENTS. FORMED BY US CONSTITUTION
Term
EXECUTIVE
Definition
PART OF GOVERNMENT THAT CARRIES OUT LAWS
Term
LEGISLATIVE
Definition
PART OF GOVERNMENT THAT MAKES THE LAWS
Term
RESPONDENT
Definition
RESPONDING TO THE APPEAL
Term
APPELLANT
Definition
PERSON APPEALING DECISION
Term
BRIEF
Definition
SUMMARY OF EVIDENCE, TRYING TO PROVE ETC. ANALYZE AND GIVE SHORT VERSION OF IMPORTANT PARTS OF A CASE
Term
ISSUE
Definition
ASKED WHETHER DUE PROCESS RIGHTS WERE VIOLATED BY THIS PERSON
Term
HOLDING
Definition
ANSWERS QUESTION ADDRESSED BY THE ISSUE
Term
PROCEDURAL HISTORY
Definition
HOW THE CASE GOT TO THE SUPREME COURT
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