The Criminal Justice System

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