federalism
system of government in which power is divided between a central (national) government and regional (state) government
system
complex whole consisting of interdependent parts whose actions are directed toward goals and are influenced by the environment within which they function
exchange
mutual transfer of resources; a balance of benefits and deficits that flow from behavior based on decisions about the values and costs of alternatives
plea bargain
defendant's plea of guilty to a criminal charge with the reasonable expectation of receiving some consideration from the state for doing so, usually a reduction of the charge; defendant's ultimate goal is a lighter penalty than the one warranted by the ch
discretion
authority to make decisions without reference to specific rules or facts, using instead one's own judgement; allows for individualization and informality in the administration of justice
filtering process
screening operation; a process by which criminal justice officials screen out some cases while advancing others to the next level of decision making
dual court system
system consisting of separate judicial system for each state in addition to a national system; each case is tried in the court of the same jurisdiction as that of the law broken
adjudication
process of determining whether the defendant is guilty
arrest
physical taking of a person into custody on the grounds that there is reason to believe that he or she had committed a criminal offense; police may use only reasonable physical force in making an arrest; purpose is to hold the accused for a court proceedi
warrant
court order authorizing police officers to take certain actions, for example, to arrest suspects or to search premises
information
document charging an individual with a specific crime, prepared by a prosecuting attorney and presented to a court at a preliminary hearing
indictment
document returned by a grand jury as a "true bill" charging an individual with a specific crime on the basis of a determination of probable cause as presented by a prosecuting attorney
felonies
serious crimes usually carrying a penalty of death or of incarceration for more than one year
misdemeanors
offenses less serious than felonies and usually punishable by incarceration of no more than a year, probation, or intermediate sanction
crime control model
model of the criminal justice system that assumes freedom is so important that every effort must be made to repress crime; emphasizes efficiency, speed, finality, and the capacity to apprehend, try, convict, and dispose of a high proportion of offenders
due process model
model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information; emphasizes adversarial process, rights of defendants, formal decision-mak
disparity
difference between groups that may either be explained by legitimate factors or indicate discrimination
discrimination
differential treatment of individuals or groups based on race, ethnicity, gender, sexual orientation, or economic status, instead of on their behavior or qualifications
mala in se
offenses that are wrong by their very nature
mala prohibita
offenses prohibited by law but not wrong in themselves
visible crime
offense against persons or property, committed primarily by members of the lower class; often referred to as "street crime" or "ordinary crime"; this type of offense is most upsetting to the public
occupational crimes
criminal offenses committed through opportunities created in a legal business or occupation
organized crime
framework for the perpetuation of criminal acts-usually in fields such as gambling, drugs, and prostituion-providing illegal services that are in great demand
money laundering
moving the proceeds of criminal activities through a maze of business, banks, and brokerage accounts so as to disguise their origin
crimes without victims
offenses involving a willing and private exchange of illegal goods and services that are in strong demand; participants do not feel they are being harmed, but these crimes are prosecuted on the ground that society as a whole is being injured
political crime
act, usually done for idealogical purposes, that constitutes a threat against the state (such as treason, sedition, or espionage); also describes a criminal act by the state
cyber crimes
offenses that involve the use of one or more computers
dark figure of crime
metaphor that emphasizes the dangerous dimension of crimes that are never reported to the police
Uniform Crime Reports (UCR)
annually published statical summary of crimes reported to the police, based on voluntary reports to the FBI by local, state, and federal law enforcement agencies
National Incident-Based Reporting System (NIBRS)
reporting system in which the police describe each offense in a crime incident, together with data describing the offender, victim, and property
National Crime Victimization Surveys (NCVS)
interviews of samples of the U.S. population conducted by the Bureau of Justice Statistics to determine the number and types of criminal victimizations and thus the extent of unreported as well as reported crime
victimology
field of criminology that examines the role the victim plays in precipitating a criminal incident and also examines the impact of crimes on victims
classical criminology
school of criminology that views behavior as stemming from free will, demands responsibility and accountability of all perpetrators, and stresses the need for punishments severe enough to deter others
positivist criminology
school of criminology that views behavior as stemming from social, biological, psychological factors; argues that punishment should be tailored to the individual needs of the offender
criminogenic
having factors thought to bring about criminal behavior in an individual
biological explanations
explanations of crime that emphasizes physiological and neurological factors that may predispose a person to commit crimes
psychological explanations
explanations of crime that emphasize mental processes and behavior
sociological explanations
explanations of crime that emphasize as causes of criminal behavior the social conditions that bear on the individual
social structure theories
theories that blame crime on the existence of a powerless lower class that lives with poverty and deprivation and often turns to crime in response
anomie
a breakdown or disappearance of the rules of social behavior
social process theories
theories that see criminality as normal behavior; everyone has the potential to become a criminal on (1) the influences that impel one toward or away from crime and (2) how one is regarded by others
learning theories
theories that see criminal behavior as learned, just as legal behavior is learned
theory of differential association
theory that people become criminals because they encounter more influences that view criminal behavior as normal and acceptable than influences that are hostile to criminal behavior
control theories
theories holding that criminal behavior occurs when the bonds that tie an individual to society are broken or weakened
labeling theories
theories emphasizing that the causes of criminal behavior are not found in the individual but in the social process that labels certain acts as deviant or criminal
critical criminology
theories that assume criminal law and the criminal justice system are primarily a means of controlling the lower classes, women, and minorities
social conflict theories
theories that view crime as the result of conflict in society, such as conflict between economic classes caused by elites using law as a means to maintain power
feminist theories
theories that criticize existing theories for ignoring or undervaluing women's experiences as offenders, victims, and people subjected to decision making by criminal justice officials; theories seek to incorporate an understanding of differences between t
life course theories
theories that identify factors affecting the star, duration, nature, and end of criminal behavior over the life of an offender
integrated theories
theories that combine differing theoretical perspectives into a larger model
legal responsibility
accountability of an individual for a crime because of the perpetrator's characteristics and the circumstances of the illegal act
civil law
law regulating the relationships between or among individuals, usually involving property, contracts, or business disputes
substantive criminal law
law that defines acts that are subject to punishment and specifies the punishments for such offenses
procedural criminal law
law defining the procedures that criminal justice officials must follow in enforcement, adjudication, and corrections
inchoate offense
conduct that is criminal even though the harm that the law seeks to prevent has not been done but merely planned or attempted
mens rea
guilty mind" or blameworthy state of mind, necessary for legal responsibility for a criminal offense; criminal intent, as distinguished from innocent intent
entrapment
defense that the individual was induced by police to commit the criminal act
Bill of Rights
first ten amendments added to the U.S. Constitution to provide specific rights for individuals, including criminal justice rights concerning searches, trials, punishments
self-incrimination
act of exposing oneself to prosecution by being forced to respond to questions whose answers may reveal that one has committed a crime; Fifth Amendment protects defendants against compelled self-incrimination
double jeopardy
subjecting of a person to prosecution more than once in the same jurisdiction for the same offense; prohibited by the Fifth Amendment
Barron v. Baltimore (1833)
protections of the Bill of Rights apply only to actions of the federal government
Powell v. Alabama (1932)
attorney must be provided to a poor defendant facing the death penalty
fundamental fairness
legal doctrine supporting the idea that so long as a state's conduct maintains basic standards of fairness, the Constitution has not been violated
incorporation
extension of the due process clause of the Fourteenth Amendment to make binding on state governments the rights guaranteed in the first ten amendments to the U.S. Constitution
grand jury
body of citizens drawn from the community to hear evidence presented by the prosecutor in order to decide whether enough evidence exists to file charges against a defendant
Gideon v. Wainwright (1963)
indigent defendants have a right to counsel when charged with serious crimes for which they could face 6 or more months of incarceration