criminal justice system
the agencies of government - police, courts, and corrections - that are responsible for apprehending, adjudicating, sanctioning, and treating criminal offenders
community policing (COP)
a proactive form of policing: rather than merely responding to crime after it occurs, police departments are shaping their forces into community change agents in order to prevent crimes before they occur
discretion
the use of personal decision making by those carrying out police, judicial, and sanctioning functions within the criminal justice system
landmark decision
a ruling by the U.S. Supreme Court that serves as a precedent for similar legal issues; it often influences the everyday operating procedures of police agencies, trial courts, and correctional institutions
adversary system
the US method of criminal adjudication, in which prosecution (the state) and defense (the accused) each try to bring forward evidence and arguments, with guilt or innocence ultimately decided by an impartial judge or jury
prosecutor
public official who represents the government in criminal proceedings, presenting the case against the accused
defendant
in criminal proceedings, the person accused of violating the law
convictability
existence of conditions surrounding a criminal case that indicate it has a good chance of resulting in a conviction
defense attorney
person responsible for protecting the constitutional rights of the accused and presenting the best possible legal defense; represents a defendant from initial arrest through trial, sentencing, and any appeal
right to counsel
the right of a person accused of crime to the assistance of a defense attorney in all criminal prosecutions
public defender
attorney employed by the state whose job is to provide free legal counsel to indigent defendants
pro bono
literally, done without compensation, "for the public good"; free legal counsel provided to indigent defendants by private attorneys as a service to the profession and the community
probation
conditional release of a convicted offender into the community under the supervision of a probation officer and subject to certain conditions
incarceration
confinement in jail or prison
jail
institution, usually run by the county, for short-term detention of those convicted of misdemeanors and those awaiting trial or other judicial proceedings
prison (penitentiary)
state or federally operated facility for the incarceration of felony offenders sentenced by the criminal courts
truth in sentencing
the requirement that inmates serve a greater percentage of their time behind bars before they are eligible for early release mechanisms such as parole
parole
conditional early release from prison, with the offender serving the remainder of the sentence in the community under the supervision of a parole officer
arrest
the taking into police custody of an individual suspected of a crime
probable cause
evidence of a crime, and of a suspect's involvement in it, sufficient to warrant an arrest
booking
fingerprinting, photographing, and recording personal information of a suspect in police custody
interrogation
the questioning of a suspect in police custody
nolle prosequi
a declaration that expresses the prosecutor's decision to drop a case from further prosecution
indictment
written accusation returned by a grand jury charging an individual with a specified crime, based on the prosecutor's demonstration of probable cause
grand jury
a group of citizens chosen to hear testimony in secret and to issue formal criminal accusations (indictments)
information
filing before an impartial lower-court judge who decides whether the case should go forward (this filing is an alternative to the use of a grand jury)
preliminary hearing
alternative to a grand jury, in which an impartial lower-court judge decides whether there is probable cause sufficient for a trial
arraignment
the step in the criminal justice process in which the accused is brought before the trial judge, formal charges are read, defendants are informed of their rights, a plea is entered, bail is considered, and a trial date is set
bail
money bond intended to ensure that the accused will return for trial
recognizance
pledge by the accused to return for trial, which may be accepted in lieu of bail
plea bargain
agreement between prosecution and defense in which the accused pleads guilty in return for a reduction of charges, a more lenient sentence, or some other consideration
hung jury
jury that is unable to agree on a decision, thus leaving the case unresolved and open for a possible retrial
disposition
sentencing of a defendant who has been found guilty; usually involves a fine, probation, or incarceration
appeal
taking a criminal case to a higher court on the grounds that the defendant was found guilty because of legal error or violation of his or her constitutional rights; can result in a new trial
courtroom work group
prosecution, defense, and judges working together to resolve criminal cases quickly and efficiently through plea bargaining
law of criminal procedure
judicial precedents that define and guarantee the rights of criminal defendants and control the various components of the criminal justice system
Bill of Rights
the first ten amendments to the US Constitution, including guarantees against unreasonable search and seizure, self-incrimination, and cruel punishment
exclusionary rule
the rule that evidence against a defendant may not be presented in court if it was obtained in violation of the defendant's rights
crime control model
view that the overriding purpose of the justice system is to protect the public, deter people from criminal behavior, and incapacitate known criminals; favors speedy, efficient justice and punishment
Miranda rights
rights of criminal defendants, including the right against self-incrimination and the right to counsel, spelled out in the case of Miranda v. Arizona
due process model
view that focuses on protecting the civil rights of those accused of crime
rehabilitation model
view that criminals are victims of social injustice, poverty, and racism and that appropriate treatment can change them into productive, law-abiding citizens
equal justice model
view that emphasizes fairness and equal treatment in criminal procedures and sentencing
determinate sentencing
the principle that all offenders who commit the same crime should receive the same sentence
nonintervention model
view that arresting and labeling offenders does more harm than good, that youthful offenders in particular should be diverted into informal treatment programs, and that minor offenses should be decriminalized
restorative justice model
view that emphasizes the promotion of a peaceful, just society through reconciliation and reintegration of the offender into society