Intro to Criminal Justice Ch 1-5

crime

an act that violates criminal law and is punishable by criminal sanctions

consensus model

a criminal justice model that defines criminal behavior as those acts that conflict with the values and beliefs of society as a whole

conflict model

a criminal justice model in which the content of criminal law is determined by the groups that hold economic, political, social power in a community

deviance

behavior that is considered to go against the norms established by society

murder

the unlawful killing of one human being by another

sexual assault

forced or coerced sexual intercourse

assault

a threat or an attempt to do violence to another person that causes that person to fear immediate physical harm

battery

the act of physically contacting another person with the intent to do harm, even if the resulting injury is insubstantial

robbery

the act of taking property from another person through force, threat of force, or intimidation

larceny

the act of taking property from another person without the use of force with the intent to keep that property

burglary

the act of breaking into or entering a structure (such as home or office) for the purpose of committing a felony

public order crime

behavior that has been labeled criminal because it is contrary to shared social values, customs, and norms

white-collar crime

nonviolent crimes committed by business entities or individuals to gain a personal or business advantage

organized crime

illegal acts carried out by illegal organizations engaged in the market for illegal services

criminal justice system

the interlocking network of law enforcement agencies, courts, and corrections institutions designed to enforce criminal laws and protect society from criminal behavior

discretion

the ability to make operational decisions based on personal judgement instead of formal rules or official information

wedding cake model

illustrated the different treatment and media attention that cases at the top of the cake receive compared with cases in its lower layers

civil rights

the personal rights and protections guaranteed by the Constitution particularly the Bill of Rights

crime control model

a criminal justice model that places primary emphasis on the right of society to be protected from crime and violent criminals

due process model

a criminal justice model that places primacy on the right of the individual to be protected from the power of the government

street gang

a group of people, usually three or more, who share a common identity and engage in illegal activities

gun control

efforts by a government to regulate or control the sale of guns

drug

any substance that modifies biological, psychological, or social behavior; in particular, an illegal substance with those properties

psychoactive drug

a drug that affects the brain, causing changed in emotions, perceptions, and behavior

homeland security

a concerted national effort to prevent terrorist attacks within the United States and reduce the country's vulnerability to terrorism

terrorism

the use or threat of violence to achieve political objectives

Uniform Crime Report (UCR)

An annual report compiled by the FBI to give an indication of criminal activity in the United States

Part I Offenses

Selected serious crimes reported annually by the FBI in its UCR

Part II Offenses

all crimes recorded by the FBI that do not fall into the category of Part I offenses. They include both misdemeanors and felonies

Victim Survey

a method of gathering crime data that directly surveys participants to determine their experiences as victims of crime

Dark Figure of Crime

A term used to describe the actual amount of crime that takes place, as opposed to the amount reported

Self-Reported Survey

A method of gathering crime data that relies on participants to reveal and detail their own criminal or delinquent behavior

criminology

the scientific study of crime and the causes of criminal behavior

choice theory

a school of criminology that holds that wrongdoers act as if they weigh the possible benefits of criminal or delinquent activity against the expected costs of being apprehended

social disorganization theory

the theory that deviant behavior is more likely in communities where social institutions such as the family, schools and the criminal justice system fail to exert control over the population

social process theories

a group of theories that consider criminal behavior to be the predictable result of a person's interaction with his or her environment

learning theory

the hypothesis that delinquents and criminals must be taught both the practical and emotional skills necessary to participate in illegal activity

labeling theory

the hypothesis that society creates crime and criminals by labeling certain behavior and certain people as deviant

social conflict theories

a group of theories that view criminal behavior as the result of class conflict

victimology

a school of criminology that studies why certain people are the victims of crimes and the optimal role for victims in the criminal justice system

repeat victimization

the theory that certain people and places are more likely to be subject to criminal activity because of past victimizations

chronic offender

a delinquent or criminal who commits multiple offenses and is considered part of a small group of wrongdoers who are responsible for a majority of the antisocial activity in any given community

constitutional law

law based on the US Constitution and te constitutions of the various states

statutory law

the body of law enacted by legislative bodies

model penal code

a statutory text created by the American Law Institute that sets forth the general principles of criminal responsibility and defines specific offenses

administrative law

the body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities

case law

the rules of law announced in court decisions

precedent

a court decision that furnishes an example of authority fir deciding subsequent cases involving similar facts

civil law

the branch of law dealing with the definition and enforcement of all private or public rights as opposed to criminal matters

plaintiff

the person or institution that initiates a lawsuit in civil court proceedings by filing a complaint

defendant

in a civil court, the person or institution against whom an action is brought. In a criminal court, the person or entity who has been formally accused of violating a criminal law.

liability

in a civil court, legal responsibility for one's own or another's actions

beyond a reasonable doubt

the degree of proof required to find the defendant in a criminal trial guilty of committing the crime. The defendant's guilt must be the only reasonable explanation for the criminal act.

felony

a serious crime, punishable by death or by imprisonment for a year or longer

voluntary manslaughter

a homicide in which the intent to kill was present in the mind of the offender, but malice was lacking

involuntary manslaughter

a negligent homicide, in which the offender had no intent to kill his or her victim

misdemeanor

a criminal offense that is not a felony; usually punishable by a fine and or a jail term of less than one year

infraction

in most jurisdictions, a noncriminal offense for which the penalty is a fine rather than incarceration

mala in se

a descriptive term for acts that are inherently wrong, regardless of whether they are prohibited by law

mala prohibita

a descriptive term for acts that are made illegal by criminal statute and are not necessarily wrong in and of themselves

corpus delicti

the body of circumstances that must exist for a criminal act to have occurred

actus reus

a guilty (prohibited) act

attempt

the act of taking substantial steps toward committing a crime while having the ability and the intent to commit the crime, even if the crime never takes place

mens rea

mental state, or intent. A wrongful mental state is usually as necessary as a wrongful act to establish criminal liability

negligence

a failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

recklessness

the state of being aware that a risk does or will exist and nevertheless acting in a way that consciously disregards this risk

strict liability crimes

certain crimes, such as traffic violations, in which the defendant is guilty regardless of her or his state of mind at the time of the act

statutory rape

a strict liability crime in which an adult engages in sexual activity with a minor

felony-murder

an unlawful homicide that occurs during the attempted commission of a felony

attendant circumstances

facts surrounding an event that must be proved for the event to be considered a criminal act

hate crime law

a statute that provides greater sanctions against those who commit crimes motivated by bias against an individual or a group based on race, gender, ethnicity, religion, sexual orientation, disability, or age

inchoate offense

the offense for preparing or attempting to commit a criminal act

infancy

a condition that under early American law, excused wrongdoers of criminal behavior because presumably they could not understand the consequences of their actions

insanity

a defense for criminal liability that asserts a lack of criminal responsibility due to mental instability

M'Naghten Rule

a test of criminal responsibility that relies on the defendant's inability to distinguish from right and wrong

Substantial-Capacity Test (ALI/MPC Test)

a test for the insanity defense that states that a person is not responsible for criminal behavior if he or she lacked the "substantial capacity" to "appreciate the wrongfulness" of the conduct or to behave in a manner consistent with criminal law

irresistible impulse test

a test for the insanity defense under which a defendant who knew his or her action was wrong may still be found insane if he or she was unable, as a result of mental deficiency, to refrain from acting

intoxication

a defense for criminal liability in which the defendant claims that the taking of intoxicants rendered him or her unable to form the requisite intent to commit a criminal act

duress

unlawful pressure brought to bear on a person, causing the person to perform an act he or she otherwise would not perform

self-defense

the legally recognized privilege to protect one's self or property from injury by another

duty to retreat

the requirement that a person claiming self defense prove that she or he first took reasonable steps to avoid the conflict that resulted in the use of deadly force

necessity

a defense against criminal liability in which the defendant asserts that circumstances required her or him to commit an illegal act

entrapment

a defense in which the defendant claims that he or she was induced by a public official--usually an undercover agent or police officer--to commit a crime that he or she would not have otherwise committed

substantive criminal law

law that defines the rights and duties of individuals with respect to one another

procedural criminal law

rules that define the manner in which the rights and duties of individuals may be enforced

due process clause

the provisions of the 5th and 14th amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of the law

procedural process clause

the constitutional requirement that the law must be carries out in a fair and orderly manner

substantive due process

the constitutional requirement that laws used in accusing and convicting persons of crimes must be fair

patronage system

a form of corruption in which the political party in power hires and promotes police officers, receiving job-related "favors" in return

professional model

a style of policing that emphasizes centralized police organizations, increased use of technology, and limitations on police discretion through regulations and guidelines

sheriff

the primary law enforcement officer in a county usually elected to the post by a popular vote

coroner

the medical examiner of a county, usually elected by popular vote

Federal Bureau Investigation (FBI)

the branch of the Department of Justice responsible for investigating violations of federal law

private security

security services provided by private corporations or individuals instead of by police officers

recruitment

the process by which law enforcement agencies develop a pool of qualified applicants from which to select new members

probationary period

a period of time at the beginning of a police officer's career during which she or he may be fired without cause

field training

the segment of a police of a police recruit's training in which he or she is removed from the classroom and placed under the supervision of a senior officer

bureaucracy

a hierarchically structured administrative organization that carries out specific functions

delegation of authority

the process by which authority is distributed downward in an organization

sworn officer

a law enforcement agent who has been authorized to make arrests and use force, including deadly force, against civilians

detective

the primary police investigator of crimes

confidential informant (CI)

a human source who provides police with information concerning illegal activity in which he or she is involved

clearance rate

a comparison of the number of crimes cleared by arrest and filing of charges with the number of crimes reported during any given time period

cold case

a criminal investigation that has not been solved after a certain amount of time

forensics

the application of science and technology to establish facts and evidence during the investigation of crimes

trace evidence

evidence such as fingerprints, blood, or hair found in small amounts at a crime scene

ballistics

the study of firearms, including the firing of the weapon and the flight of the bullet

DNA Fingerprinting

the identification of a person based on a sample of her or his DNA, the genetic material found in the cells of all living things

cold hit

the establishment of a connection between a suspect and a crime, often through the use of DNA evidence, in the absence of an ongoing criminal investigation

incident-driven policing

a reactive approach to policing that emphasizes a speedy response to calls for service

response time

the rapidity with which calls for service are answered, used as a measurement of police efficiency

general patrol

a patrol strategy in which the police officers monitor a certain area with the goal of detecting crimes in progress or preventing crime due to their presence

directed patrol

a patrol strategy in which the police officers focus on a specific type of criminal activity at a specific time

hot spot

a concentrated area of high criminal activity that draws a directed police response

reactive arrest

an arrest that comes about as part of the ordinary routine of police patrols and responses to calls for service

proactive arrest

an arrest that occurs because of concerted efforts by law enforcement agencies to respond to a particular type of criminal or criminal behavior

broken windows theory

Wilson and Kelling's theory that by cracking down on quality-of-life crimes, police can significantly reduce all crime in an area

community policing

a policing philosophy that emphasizes community support for and cooperation with the police in preventing a crime

problem-oriented policing

a policing philosophy that requires police to identify potential criminal activity and develop strategies to prevent or respond to that activity

police subculture

the values and perceptions that are shared by members of a police department and, to a certain extent, by all law enforcement agencies

socialization

the process through which a person learns the values and behavior that a specific culture or subculture expects of its members

blue curtain

a metaphorical term that refers to the secrecy and general mistrust of the outside world shared by many police officers

police cynicism

the negative attitude toward civilians and the law of civil society developed by some police officers

reasonable force

the degree of force that is appropriate to protect the police officer or other citizens and is not excessive

deadly force

force applied by a police officer that is likely or intended to cause death

police corruption

the abuse of authority by a law enforcement officer for personal gain

Internal Affairs Unit (IAU)

a division within the police department that receives and investigates complaints of wrongdoing by police officers

citizen oversight

the process by which citizens review complaints brought against individual police officers or police departments

ethics

the rules or standards of behavior governing a profession; aimed at ensuring the fairness and rightness of actions

duty

the obligation to act in a certain manner