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71 Cards in this Set
- Front
- Back
courtroom work group |
A term used to imply that all parties in the justice process work together in a cooperative effort to settle cases efficiently rather than to engage in a true adversarial procedure |
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crime control perspective |
A model of criminal justice that emphasizes the control of dangerous offenders & the protection of society through harsh punishment as a deterrent of crime |
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criminal justice system |
The system of law enforcement, adjudication, & correction that is directly involved in the apprehension, prosecution, & control of those charged with criminal offenses |
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decriminalization |
Reducing the penalty for a criminal act without legalizing it |
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due process perspective |
A perspective on criminal justice that emphasizes individual rights & constitutional safeguards against arbitrary or unfair judicial or administrative proceedings |
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equal justice perspective |
A perspective on criminal justice based on the idea that all people should receive the same treatment under the law & should be evaluated on the basis of their current behavior, not on what they have done in the past |
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evidence-based justice |
Determining through the use of the scientific method whether criminal justice programs actually reduce crime erases & offender recidivism |
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grand jury |
A group of citizens chosen to hear charges against persons accused of crime & to determine whether there is sufficient evidence to bring those persons to trial |
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in-presence requirement |
The principle that in order to make an arrest in a misdemeanor, the arresting officer must have personally witnessed the crime being committed |
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Law Enforcement Assistance Administration (LEAA) |
Federal agency that provided technical assistance & hundreds of millions of dollars in aid to state & local justice agencies between 1969 & 1982 |
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Miranda warning |
Miranda vs. Arizona established that suspects under arrest must be advised that they have no obligation to answer questions & that they are entitled to have a lawyer present during questioning, if necessary, at no expense to themselves |
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nolle prosequi |
The term used when a prosecutor decides to drop a case after a complaint has been formally made. Reasons for a nolle prosequi include evidence insufficiency, reluctance of witnesses to testify, police error, & office policy |
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nonintervention perspective |
A perspective on criminal justice that favors the least intrusive treatment possible: decarceration, diversion, & decriminalization |
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racial animus model |
the view that white America has developed a mental image of the typical offender as a young, inner-city black male who offends with little remorse |
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rehabilitation perspective |
A perspective on criminal justice that sees crime as an expression of frustration & anger created by social inequality that can be controlled by giving people the means to improve their lifestyles through conventional endeavors |
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anomie |
The absence or weakness of rules, norms, or guidelines on what is socially or morally acceptable |
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antisocial personality |
A personality characterized by a lack of warmth & feeling, inappropriate behavioral responses, & an inability to learn from experience (also called sociopath or psychopath) |
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criminal propensity |
A natural inclination toward criminality, present at birth or soon after |
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criminologists |
Social scientists who use the scientific method to study the nature, extent, cause, & control of criminal behavior |
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critical criminology |
The view that crime results because the rich & powerful impose their own moral standards & economic interests on the rest of society |
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actus reus |
An illegal act, or failure to act when legally required |
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civil law |
All law that is not criminal, including tort, contract, personal property, maritime, & commercial law |
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criminal law |
The body of rules that define crimes, set out their punishments, & mandate the procedures for carrying out the criminal justice process |
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First Amendment |
Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, & to petition the government for a redress of grievances |
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2nd Amendment |
Right to have/carry weapons; right to defend ourselves |
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3rd Amendment |
No soldier shall, in time of peace be quartered in any house, without the consent of the owner |
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4th Amendment |
Right of the people to secure their houses, papers, & effects; unreasonable search warrants can't happen; right to probable cause |
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5th Amendment |
Can't be tried for any serious crime without a Grand Jury meeting |
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6th Amendment |
Right to have a speedy & public trial by an impartial jury of the State |
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7th Amendment |
Right to a jury |
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8th Amendment |
Government can't make you pay more than is reasonable in bail or in fines; can't torture you; excessive bails not permitted |
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9th Amendment |
Just because other rights aren't listed in the Constitution doesn't mean that you don't have other rights too |
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10th Amendment |
Anything that the Constitution doesn't say that Congress can do should be left up to the states, or to the people |
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5 Metaphors of Criminal Justice |
1. The Assembly Line 2. The Funnel 3. The Wedding Cake 4. The Pie 5. The Pendulum |
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Dark Figure of Crime |
number of crimes that go unreported |
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clearance rate |
number of arrests made |
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conviction rate |
prosecutor's rate |
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recidivism rate |
rate to return to prison |
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most important word in corrections |
re-entry |
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most important word in criminology |
opportunity |
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most important word in criminal justice |
descretion |
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misdemeanor |
imprisonment of a year or less &/or a fine |
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felonies |
year or more imprisonment/ parol |
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desistance predictors |
1. Education 2. Family 3. Age |
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Sociology is a... |
predictive science, probabilistic prediction |
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We should expect prisons... |
& criminal justice system to have high failure rate because it has an input of deeply flawed people |
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Assessment |
evaluation of what you've done & how effective it was |
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data collection |
most important part of the evidence-based justice |
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social control |
ability to control individual behavior in order to serve the best interest & welfare of the society as a whole |
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3 main components of the system |
1. Law Enforcement Agencies 2. Court System 3. Correctional System |
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discretion |
the ability to decide what happens next |
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crime |
an act or attribute deemed illegal by lawmakers |
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Crimes against people |
Embezzlement |
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Crimes against property |
burglary |
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Public crimes |
graffiti, urination, jaywalking, streaking, pornography, prostitution, gambling, littering |
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The Uniform Crime Report (UCR) |
compiled by the FBI, this national survey compiles criminal acts reported to the local police |
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deterrence |
the threat of punishment will keep people from committing the crime it usually doesn't work.....except on squares |
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National Incident-Based Reporting System |
program that collects data on each crime scene |
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National Crime Victimization Survey |
Asks people about their experiences with crime |
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Self-Report Surveys |
Asks offenders themselves to report about criminal behavior |
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theory |
scientific explanatory model of reality (S.E.M.O.R) |
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Eugenics |
improving race by getting rid of undesirable traits |
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Account |
a story/description of events to explain to lawmakers what happened |
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Social Learning Theory |
learn techniques & attitudes of crime from close relationships with criminal peers |
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Social Control Theory |
everyone has the potential to become a criminal but most people are controlled by their bonds to society; crime occurs when the force that bind people to society are weakened or broken |
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Social Reaction/Labeling Theory |
suggests that people become criminals when significant members of society label them as such & they accept those labels as a personal identity |
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4 Broad Categories |
1. Criminal Law 2. Substantive Criminal Law 3. Procedural Criminal Law 4. Civil Law |
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stare decisis |
Latin for "to stand by decided cases" |
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male in se |
crimes that are inherently evil & depraved (such as murder, burglary, & arson |
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mens rea |
A guilty mind; the intent to commit a criminal act |
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attractive nuisance |
you're held legally liable for providing unsafe invitations to commit an act |