policing
enforcing the law by apprehending violators and thereby protecting citizens. crime prevention and social services such as education of the public are more recent emphases in law enforcement
limited jurisdiction
the jurisdiction of courts that have narrow legal authority over specific types of matters(e.g. surrogate court, tax court)
general jurisdiction
the jurisdiction of courts where most trials for felonies occur, as well as trials in major civil cases
appellate jurisdiction
the jurisdiction of courts that review specific legal issues raised in trial courts
local jails
facilities used to detain adults awaiting trail and offenders serving sentences of a year or less
probation
a system under which a person convicted of a crime serves a sentence in the community under than supervision of a probation officer
bill of rights
the first ten amendments to the constitution--details many of the requirements for adjudication, such as arrests, warrants, searches, trials, lawyers, punishment, and other important aspects of criminal procedure
Fourth amendment
protection against unreasonable searched and seizures. also no warrants except upon probable cause
Fifth amendment
a person shall not be compelled to be a witness against himself or herself
Fifth and Fourteenth Amendment
life, liberty, and property shall not be taken away without due process of law
Eighth Amendment
cruel and unusual punishments shall not be inflicted
probable cause
a reasonable link between a specific person and a particular crime: the legal threshold required before police can arrest or search an individual
warrant
a sworn statement by police that attests to the existence of probable cause in a given case; it is signed by a judge who agrees with the officers' assessment of the facts
arrest
process of taking a suspect into custody for the purpose of prosecution
booking
a procedure in which an official record of the arrest is made
summons
a written notice to appear in court
bail
a form of pretrial release where the court holds money or property to ensure that the arrestee will appear for trial
surety
bail posted by a bondsmen on behalf of an arrestee
plea
a statement of innocence or guilt
arraignment
a hearing where the defendant is informed of the charges and of his or her rights and enters a plea
information
a formal accusation of a crime filed by a prosecutor based on the findings of a preliminary hearing
grand jury
a group of citizens who hear the evidence presented by a prosecutor to determine whether probable cause exists to hold a person for trial
indictment
a formal accusation of a crime based on the vote of a grand jury
bench trial
a trial in which the judge determines guilt or innocence
jury trial
a trial to which the jury determines guilt or innocence
acquittal
a finding after trial of not guilty
conviction
a finding of guilt beyond a reasonable doubt
sentencing
a judge's decision as to what is to the the most appropriate punishment, given the type of crime and offender, and within a specified range established by law
presentence investigation
an investigation by the probation department that seeks information regarding the offender's personal and social background, criminal record, and any other information that may help the judge match the sentence to the offender
incarceration
segregation of offenders from the rest of the community in jails or prisons to rehabilitate, incapacitate, or punish them and to deter others from committing similar crimes
parole
a phase of the criminal justice system in which an offender completes the end of a prison sentence under supervision in the community
appeal
a review of lower court decisions by a higher court to look for errors of law or procedure
justices
the title of judges of an appellate court
mistrial
a trial that has been declared invalid because of a substantial error in law or procedure
frisk
a patting down of the outer clothing of a suspect based on reasonable suspicion, designed to protect a police officer from attack with a weapon while an inquiry is made
search
an exploratory inspection of a person or property based on probable cause of law violation
seizure
confiscation of property occurring when there is some meaningful interference with the individual's possession of property
reasonable suspicion
a situation in which a police officer has good reason to believe that criminal activity may be occurring; this permits a brief investigative inquiry of the suspect(florida v. J.L)
exclusionary rule
a legal principle that holds that illegally seized evidence must be excluded from use in trials
good faith exception
a rule stating that evidence seized with a defective warrant, not based on probable cause, is admissible in court if the police acted in good faith in presenting the evidence and the error was made by the judge
Miranda warning
a five-point warning derived from the case of Miranda v. Arizona. its purpose is to provide fair notice to crime suspects of their basic constitutional rights
public safety exception
police may omit the Miranda warning prior to questioning a suspect when public safety is jeopardized
mutual pledge system
a system of community self-responsibility that existed in Britain during the Middle Ages, in which residents were held responsible for the conduct of their neighbors
constable
a citizen in charge of weapons and equipment for one hundred families in his geographic area. in england constables were appointed by a local noblemen beginning around the year 900
shire reeve
an official appointed by the British Crown who was responsible for overseeing the constables and several hundred families in a given are (called a "shire"), the modern word sheriff is derived from this term
watch and ward system
a system established in england in 1285 to aid constables in their law enforcement efforts. men from each town were required to take turns standing watch at night. crime suspects were turned over to the constable
justice of the peace
an office established by edward II in 1326 to assist the sheriff in enforcing the law. eventually the role of the justice of the peace shifted to adjudication, while the sheriffs retained their local peacekeeping function
preventive police
the first organized police department in London, established in 1829. the popular english name for police officers, "bobbies", comes from Sir Robert Peel, a founder of the Metropolitan Police
crime commissions
early 20th century crime commissions included the Chicago Crime Commission (1919). the National Crime Commission(1925). and the Wickersham Commission (1931). these commissions focused on the improved operation of the criminal justice system as the best wa
progressivism
early 20th century era in policing that focused on efficiency, professionalism, and improved technology.
professionalization
those changes in police organization, administration, and technology aimed at improving the efficiency of the police in the deterrence and apprehension of criminals
Law Enforcement Assistance Administration(LEAA)
established in 1968, the LEAA was set up within the U.S. Department of Justice to allocate money to improve the efficiency and effectiveness of the criminal justice system. between 1968 and 1977 the LEAA spent more than $6 billion on crime control program
local police
the pol,ice departments of municipalities; local law enforcement also includes county sheriffs and soecial police agencies such as park, airport,transit, and university police
community policing
a service-oriented style of law enforcement that focuses on disorder in the community, crime prevention, and fear reduction (as opposed to the traditional focus on serious street crime)
weed and seed
federal programs that combine enforcement with community services in an effort to reduce crime in targeted neighborhoods
state police
enforcement agencies primarily engaged in highway partrol activities. about half of state police agencies also have the authority to conduct investigative work
federal law enforcement
17 different agencies that investigate violations of federal law. unlike state police agencies, few federal agencies engae in patrol work; most perform exclusively investigative functions
transnational law enforcement
international agreements and law enforcement efforts that attempt to serve the interests of all nations in the face of the growth of international travel, the transnational nature of the internet, and the threat of international organized crime and terror
Interpol
the international criminal police organization composed of 177 member nations. it assists member law enforcement agencies requiring information about rimes or criminals of a transnational nature
multijurisdictional task forces
multiagency efforts to combat multijurisdictional crimes allowing for pooling of evidence, personnel, and expertise and to reduce unnecessary duplication of effort
private security
law enforcement agencies that protect private property and are paid by private individuals and corporations
racial profiling
alleged practice whereby police stop and search minorities for minor violations significantly more often than whites
police stress
emotional pressure that is produced by the nature of police work such as public apathy, exposure to criminals, and injury to fellow officers
cynicism
a belief that human conduct is motivated entirely by self-interest. a cynical person attributes all actions to selfish motives and has a pessimistic outlook on human behavior
anomie
a "normlessness" or lack of attachment felt by some people toward their society
socialization model
the view that holds that police officers learn their attitudes and values from socializing experiences such as education and experience on the job
predispositional model
the view that the attitudes and values of police officers are developed prior to entry into the law enforcement profession
authoritarianism
a tendency to favor blind obedience to authority
dogmatism
an attitude characterized by tenacious adherence to one's opinions even though they may be unwarranted and based on insufficiently examined premises
police discretion
the ability to choose between arrest and nonarrest soley on the basis of the officer's judgement
selective enforcement
an unwritten policy in which police are not required to fully enforce all laws as written
police pursuits
police chases of suspects immediately after a crime has been committed
clearance rate
hte proportion of open crime cases that are solved through the arrest of a suspect by police
police corruption
illegal acts or omissions of acts by police officers, who, by virtue of their official position, receive, (or intend to receive) any gain for themselves or others
nonfeasance
a form of police corruption involving failure to perform a legal duty
misfeasance
a form of police corruption involving failure to perform a legal duty in a proper manner
malfeasance
a form of police corruption involving commission of an illegal act
deviant police subculture hypothesis
the view that some police departments have groups of officers who place loyalty to each other above obedience to the law
deadly force
the use of lethal force by police against a suspect
fleeing felon" rule
the now obsolete common-law rule that police can use deadly force against any felon who flees that scene of a crime
police brutality
use of excessive physical force by police in carrying out their duties
expert witness
a person called to testify because of his or her special expertise in an area at issue in a legal proceeding
U.S. district courts
federal trial courts of general jurisdiction
U.S. courts of appeals
intermediate federal appellate courts
U.S. Supreme Court
the highest court in the US, which hears final appeals in cases involving fedeal 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
prosecutors
elected or appointed officials who represent the community in bringing charges against an accused person (district attorney, county attorney, state attorney, commonwealth attorney, or U.S. attorney)
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
contact 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 gov. 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 hearing 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+sheriffs, court clerks, stenographers, witnesses
sheriff or bailiffs
responsible for maintaining order in the room
court clerk
keeps track of the cases pending before the court
court stenographer or court reporter
makes a transcript of each court appearance
felony drug courts
courts that handle only drug offenses and attempt to correct underlying causes of the illegal conduct-began in Miami & are now found in nearly 330 jurisdictions
resolving conflict creatively program (RCCP)
school based program designed to teach young people how to resolve conflicts peacefully
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