Expert Witness
a person called to testify because of his or her special expertise in an area at tissue in a legal proceeding
U.S. District Courts
Federal Trial courts of general jurisdiction
U.S. Courts of Appeals
Intermediate federal appellate
U.S. Supreme Court
The highest court in the United States, which hears final appeals in cases involving federal law, suits between states, and interpretations of the U.S. constitution
Writ of Certiorari
A legal order from the U.S. Supreme Court stating that a lower court must forward the record of a particular case for review
Judicial Review
The U.S. Supreme Court's authority to review the constitutionality of acts of Congress
Prosecutors
Elected or appointed officials who represent the community in bringing changes against an accused person
District Attorneys
The name for city and county prosecutors in many jurisdictions
Defense Attorneys
Attorneys who represent the legal rights of the accused in criminal or civil proceedings
Assigned Counsel
A private attorney appointed by the court on a case-by-case basis from a list of available attorneys
Contract Attorney Programs
Programs in which private attorneys, firms, or local bar associations provide legal representation to indigent defendants for a specific period contracted with the county
Public Defenders
Salaried attorneys paid by the government to represent indigents charged with crimes
Judge
A person who objectively assesses the strength of a case, rules on issues of law and procedure , and in many cases determines the disposition of a case
Merit Selection
A method for selecting judges that involves a combination of appointment and election
U.S. Magistrates
Judges appointed by U.S. district court judges to conduct pretrial hearings and trials for minor civil and criminal offenses in federal court
Victim Impact Statements
Statements by victims to the judge before sentencing about how the crime has harmed them
Victim's Bill of Rights
Legal changes that formally recognize the role and rights of victims in the justice process
Courtroom Work Group
The prosecutors, defense counsel, judges, and other courtroom personnel who represent distinct interests but share the goal of shepherding large numbers of cases through the adjudication process
Felony Drug Court
Courts that handle only drug offenses and attempt to correct underlying causes of the illegal conduct
Dispute Resolution
A method of handling complaints outside the judicial process through a mediator appointed by the court
Community Prosecution
A program in which prosecutors intervene in all disorderly behavior that affects the quality of life in a neighborhood
Community Courts
Decentralized courts that respond to neighborhood conditions using citizen advisory committees, volunteers, and teen courts
Right to Counsel
A Sixth Amendment protection that guarantees suspects the right to representation by an attorney when their liberty is in jeopardy
Effective Counsel
Competent representation by an attorney. It is ineffective assistance of counsel when unprofessional errors would have changed the outcome of the case
Necessarily Included Offenses
("Lesser" included offenses); offenses that are, by definition, included in a charge as part of another ( more serious) offense
Nolle Prosequi
A decision by a prosecutor not to press charges; also known as nol. pros.
Diversion Programs
Alternatives to the formal criminal justice process that are implemented after charging but prior to adjudication; they attempt to achieve a noncriminal disposition of the case.
Pretrial Intervention (PTI)
A type of diversion program in which a prosecutor suspends prosecution of a case pending the fulfillment of special conditions by the defendant. If these conditions are met, the case is dismissed
Plea Bargaining
An agreement by a prosecutor to press a less serious charge, drop some charges, or recommend a less severe sentence if the defendant agrees to plead guilty
Speedy Trial Act
Legislation requiring that all criminal cases be brought to trial within 100 days
Caseloads
The large numbers of cases to be adjudicated in the courts
Case Mortality
Case attrition, in which arrests do not result in convictions for various reasons
Three Strikes" Laws
Laws under which conviction for a third felony results in an extended sentence, up to life improvement
Pretrial Settlement Conference
A meeting of the prosecutor, defendant, counsel, and judge to discuss a plea before a trial is held. No plea negotiations can take place outside this setting
Crime Control Model
The perspective that views the repression of criminal conduct as the most important function to be performed by the criminal justice system, through speed, efficiency, and finality in criminal justice
Due Process Model
The perspective that considers preservation of individual liberties to be the most important function of the criminal justice system, through accuracy, fairness, and reliability in criminal procedure
Corpus Delicti
Proof of an act and that the act resulted from the illegal actions of the defendant; also called proving the crime
Continuance
A court-authorized postponement of a case to allow the prosecution or defense more time to prepare its case
Discovery
The process that entitles a suspect to review certain information gathered by the prosecutor
Trial Jury
A group of citizens (usually 12) who decide on the guilt or innocence of a defendant
General Defenses
Justification or excuses for criminal conduct that are applicable to all criminal offenses
Justification Defenses
Defenses that admit to the criminal conduct, but claim it was justified by overwhelming circumstances, such as self-defense
Excuse Defenses
Defenses that claim that criminal conduct should be excused because the defendant cannot be held responsible for it. Insanity and duress are examples.
Jury Nullification
Acquittal of a defendant despite facts that show guilt
Retribution
Punishment applied simply in proportion to the seriousness of the offense
Incapacitation
Prevention of further criminal behavior by physically restraining the offender from engaging in future misconduct (usually through incarceration)
Selective Incapacitation
Identification of potential high-rate offenders for incarceration for longer periods as a means of reducing crime
Habitual Offender Laws
Laws that subject multiple offenders to periods of incarceration ranging up to life imprisonment, on the grounds that they must be physically separated from society in order to protect society from their criminal conduct
Deterrence
Prevention of crime through the example of offenders being punished
Rehabilitation
The view that sees criminal behavior as stemming from social or psychological shortcomings; the purpose of sentencing is to correct or treat theses shortcoming in order to prevent future crimes
Suspended Sentence
A delayed imposition of a prison sentence that requires the offender to fulfill special conditions such as alcohol, drug, or gambling treatment or payment of restitution
Presentence Report
A report conducted by a probation officer into an offender's background to assist the judge in determining an appropriate sentence
Indeterminate Sentencing
A system of sentencing that empowers the judge to set a maximum sentence (up to the limit set b the legislature), and sometimes a minimum sentence, for the offender to serve in prison
Determinate Sentencing
A Sentencing system that permits judges to impose fixed sentences that cannot be altered by a parole board
Truth in Sentencing
A sentencing provision that requires offenders to serve the bulk of their sentence (usually 85%) before they can be released
Mandatory Sentences
Fixed sentences for offenders convicted of certain types of crimes such as gun-related crimes, drug offenses, and drunk-driving offenses
Guideline Sentences
Sentences developed by examining the averages of past sentences imposed on various combinations of offenders and offenses and designed to achieve proportionality and uniformity without mandating specific sentences for certain crimes or offenders
Cruel and Unusual Punishment
A portion of the 8th Amendment prohibiting criminal penalties that violate "evolving standards of decency that mark the progress of a maturing society.
Auburn System
A philosophy of imprisonment that emphasized labor and meditation. Offenders worked every day, but they did so in complete silence
Pennsylvania System
A philosophy of imprisonment that promoted repentance through solitary confinement and prevented offenders form being corrupted by mixing with other offenders
Reformatory Movement
Late nineteenth-century trend toward use of incarceration to reform through education
Maximum Security
Prisons that house dangerous felons and that usually have a wall surrounding the entire facility (about 26% of all inmates are incarcerated in such institutions)
Medium Security
Prisons that have some facilities outside the main enclosure and are surrounded by two rows of chainlink fence, topped with barbed wire (half of all inmates are serving time in these institutions)
Minimum Security
Prison facilities that usually have no fences but have locking outside doors and electronic surveillance devices around the perimeter of the institution (about 23% of all inmates are in these institutions)
Penitentiaries
Maximum security federal correctional institutions
Correctional Institutions
Medium security federal correctional institutions
Metropolitan Correctional Centers (Detention Centers)
Federal jail facilities for pretrial detention and for those serving short sentences
Jails
Facilities operated by counties and municipalities to hold tow main categories of inmates: those awaiting trail and those serving sentences of one year or less
Recidivism
Repeat offenses by an offender
Control Model
Prison management approach characterized by strict enforcement of prison rules and few privileges for prisoners
Responsibility Model
Prison management approach that gives inmates more autonomy; staff guides prisoners' decision making rather than making all decisions for them
Consensual Model
Prison management approach that maintains order by agreement between inmates and staff on the validity of rules
Therapeutic Community Model
Prison drug treatment approach based on the notion that a person's attitudes, values, and self-esteem must change together with the targeted drug use behavior in order to create lasting change
Community Corrections
Sanctions that are alternative to incarceration in jail or prison (such as monetary penalties, probation, intensive supervision, and home confinement with electronic monitoring), or supervision in the community after a sentence of incarceration has been s
Sanctions
Ways to punish or place restrictions on offenders
Intermediate Sanctions
Sentences designed to provide more rigorous supervision than normal probation, yet something less expensive than incarceration
Intensive Supervision
Probation or parole for which jurisdictions maintain small caseloads make frequent contact with offenders under supervision and require special conditions such as random drug tests, curfews, restitution to victims, electronic monitoring, or house arrest
House Arrest
A condition of probation or parole in which offenders are not permitted to leave their residence for purposes other than work, school, treatment, or other approved reasons
Electronic Monitoring
Surveillance of offenders in the community by means of electronic devices such as radio and telephone transmitters
Net Widening
Process by which more offenders end up being placed under supervision of the criminal justice system even though the intent of program was to divert offenders out of the system
Good-time Credits
Small reductions in the time to be served, awarded to inmates for each day on which they obey prison rules
Maxing Out
Release form incarceration after the offender has served the entire sentence without ever being granted parole or accumulating enough good-time credits to justify early release
Parole Release
Prisoner release decided by a prole board consisting of corrections officials and/or political appointees who evaluate the inmates's record and his or her behavior in prison to determine whether the inmate will be released to serve the remainder of the se
Work Release
Program that permits eligible inmates to work ruing the day at regular jobs in the outside world, returning to the jail or prison at night
Study Release
A program similar to work release, in which an inmate attends school by day and returns to jail or prison at night
Furloughs
Unsupervised leaves from prison that are granted for only a few hours to permit an eligible inmate to be present at a relative's funeral, visit loved ones, go to a job interview, or otherwise attend to personal or family matters
Halfway Houses
Residential centers for ex-offenders in the community. Most halfway houses residents are parolees or similar inmates near the end of their sentence
Pardon
A reprieve from a governor or from the president that excuses a convicted offender and allows release from prison without any supervision
Commutation
A modification or reduction of a sentence imposed on an offender
Restorative Justice
Criminal Justice process that focuses on sanctions directed primarily at repairing the injury to the victim rather than focusing on the adversarial relationship between the government and the offenders
Authentic Justice
Approach to criminal justice holding that sanctions should be more closely related to crime and that offenders should be punished in ways that neutralize their gain
Retributive Model of Justice
Traditional approach to criminal justice that emphasizes the role of adversarial proceedings and the government in punishing offenders for their past acts as retribution and deterrence
Restitution
A form of restorative justice that usually takes the form of money, but it can also include returning property or performing services for the victim
Mediation
A process providing a forum in which the offender and the victim meet in a neutral setting where they can ask questions, communicate feelings of anger or remorse, and discuss ways in which the balance of justice can be restored in a fair and equitable man
Shock Incarceration
Short-term military-style "boot camps" designed primarily for non-violent young offenders and featuring a military atmosphere and strict discipline
Corporal Punishment
Physical Punishment short of the death penalty