Criminal Justice Cheat Sheet (Glossary)
actus reus An illegal act. The actus reus can be an affirmative act, such as taking money or
shooting someone, or a failure to act, such as failing to take proper precautions while driving a
car.
adjudication The determination of guilt or innocence; a judgment concerning criminal charges.
The majority of offenders charged plead guilty; of the remainder, some cases are adjudicated by
a judge and a jury, some are adjudicated by a judge without a jury, and others are dismissed.
adversarial procedure The process of publicly pitting the prosecution and the defense against
one another in pursuit of the truth.
aggravated assault An unlawful attack by one person upon another, accompanied by the use of
a weapon, for the purpose of inflicting severe or aggravated bodily injury.
antisocial (sociopathic, psychopathic) personality Individuals who are always in trouble and do
not learn from either experience or punishment. They are loners who engage in frequent
callous and hedonistic behaviors, are emotionally immature, and lack responsibility, judgment,
and empathy.
appeal A request for an appellate court to examine a lower court’s decision to determine
whether proper procedures were followed.
appellate court A court that reconsiders a case that has already been tried to determine
whether the measures used complied with accepted rules of criminal procedure and were in
accordance with constitutional doctrines.
arson Any willful or malicious burning or attempting to burn, with or without intent to defraud,
a dwelling house, public G-2 Glossary building, motor vehicle or aircraft, or personal property of
another.
assigned counsel A lawyer appointed by the court to represent a defendant in a criminal case
because the person is too poor to hire counsel.
bail The monetary amount for or condition of pretrial release, normally set by a judge at the
initial appearance. The purpose of bail is to ensure the return of the accused at subsequent
proceedings.
Bail Reform Act of 1984 Federal legislation that provides for both greater emphasis on release
on recognizance for nondangerous offenders and preventive detention for those who present a
menace to the community.
bench trial The trial of a criminal matter by a judge only. The accused waives any constitutional
right to trial by jury.
Bill of Rights The first 10 amendments to the US Constitution that spell out specific freedoms
granted to citizens and limit the power of the Federal government to conduct criminal
prosecutions.
biosocial theory Human behavior is a function of the interaction of biochemical, neurological,
and genetic factors with environmental stimuli.
bipolar disorder A psychological condition marked by mood swings between periods of wild
elation and deep depression.
blameworthy Culpable or guilty of participating in a particular criminal offense.
blue curtain The secretive, insulated police culture that isolates officers from the rest of society.
boot camp A short-term militaristic correctional facility in which inmates undergo intensive
physical conditioning and discipline.
broken windows hypothesis The view that deteriorated communities serve as a magnet for
criminals and attract criminal activity.
broken windows model A term used to describe the role of the police as maintainers of
community order and safety.
brutalization effect An outcome of capital punishment that enhances, rather than deters, the
level of violence in society. The death penalty reinforces the view that violence is an appropriate
response to provocation.
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Federal agency with jurisdiction
over the illegal sale, importation, and criminal misuse of firearms and explosives and the
distribution of untaxed liquor and cigarettes.
burglary The unlawful entry of a structure to commit a felony or a theft
challenge for cause A request that a prospective juror be removed because he or she is biased
or has prior knowledge about a case, or for other reasons that demonstrate the individual’s
inability to render a fair and impartial judgment in a particular case.
child savers Late nineteenth-century reformers in America who developed programs for
troubled youths and influenced legislation creating the juvenile justice system.
Children’s Aid Society A child-saving organization begun by Charles Loring Brace; it took
children from the streets in large cities and placed them with farm families on the prairie.
chivalry hypothesis The view that the low rates of female crime and delinquency are a
reflection of the leniency with which police and judges treat female offenders.
chronic offender A delinquent offender who is arrested five or more times before he or she is
18 and who stands a good chance of becoming an adult criminal; these offenders are
responsible for more than half of all serious crimes.
civil law All law that is not criminal, including the law of torts (personal wrongs) and contract,
property, maritime, and commercial law.
cognitive behavioral therapy (CBT) A treatment approach that focuses on patterns of thinking
and beliefs to help people become conscious of their own thoughts and behaviors so they can
make positive changes.
commitment Decision of judge ordering an adjudicated and sentenced juvenile offender to be
placed in a correctional facility.
common law Early English law, developed by judges, that incorporated Anglo-Saxon tribal
custom, feudal rules and practices, and the everyday rules of behavior of local villages. Common
law became the standardized law of the land in England and eventually formed the basis of
criminal law in the United States.
community-oriented policing (COP) Programs and strategies designed to bring police and the
public closer together and create a more cooperative working environment between them.
community service restitution An alternative sanction that requires an offender to work in the
community at such tasks as cleaning public parks or working with disabled children in lieu of an
incarceration sentence.
CompStat A program originated by the New York City police that used carefully collected and
analyzed crime data to shape policy and evaluate police effectiveness.
compulsory process Compelling the production of witnesses via a subpoena. concurrent
sentences Prison sentences for two or more criminal acts served simultaneously and run
together.
conduct disorder (CD) A pattern of repetitive behavior in which the rights of others or social
norms are violated.
conflict view of crime The law is controlled by the rich and powerful who shape its content to
ensure their continued economic domination of society. The criminal justice system is an
instrument of social and economic repression.
confrontation clause A part of the Sixth Amendment that establishes the right of a criminal
defendant to see and cross- examine all the witnesses against him or her.
congregate system Prison system first used in New York that allowed inmates to engage in
group activities such as work, meals, and recreation.
consecutive sentences Prison sentences for two or more criminal acts, served one after the
other.
consensus view of crime The majority of citizens in a society share common ideals and work
toward a common good. Crimes are acts that are outlawed because they conflict with the rules
of the majority and are harmful to society.
constable In medieval England, an appointed official who administered and supervised the legal
affairs of a small community.
contract system The practice of correctional officials selling the labor of inmates to private
businesses.
contract system (attorney) Providing counsel to indigent offenders by having attorneys under
contract to the county handle all (or some) such cases.
convict-lease system The practice of leasing inmates to a business for a fixed annual fee.
corporate enterprise crime Conspiracies that involve bending the rules of legitimate business
and commerce to make illegal profits in the marketplace. Enterprise crimes involve the violation
of law in the course of an otherwise legitimate occupation.
corruption Exercising legitimate discretion for improper reasons or using illegal means to
achieve approved goals.
court of last resort A court that handles the final appeal on a matter. The US Supreme Court is
the official court of last resort for criminal matters.
courtroom work group The phrase used to indicate that all parties in the adversary process
work together cooperatively to settle cases with the least amount of effort and conflict. courts
of general jurisdiction State or federal courts that have jurisdiction over felony offenses and
more serious civil cases (i.e., cases involving more than a dollar amount set by the legislature).
crime A violation of societal rules of behavior as interpreted and expressed by a criminal legal
code created by people holding social and political power. Individuals who violate these rules
are subject to sanctions by state authority, social stigma, and loss of status.
crime control perspective A model of criminal justice that emphasizes the control of dangerous
offenders and the protection of society. Its advocates call for harsh punishments as a deterrent
to crime and support availability of the death penalty.
criminal justice process The decision- making points, from the initial investigation or arrest by
police to the eventual release of the offender and his or her reentry into society; the various
sequential criminal justice stages through which the offender passes.
criminal justice system The law enforcement, court, and correctional agencies that work
together to effect the apprehension, prosecution, and control of criminal offenders. They are
charged with maintaining order, enforcing the law, identifying transgressors, bringing the guilty
to justice, and treating criminal behavior.
criminal procedure The rules and laws that define the operation of criminal proceedings.
Procedural law describes the methods that must be followed in obtaining warrants,
investigating offenses, effecting lawful arrests, conducting trials, introducing evidence,
sentencing convicted offenders, and reviewing cases by appellate courts.
cross-examination The process in which the defense and the prosecution interrogate witnesses
for the other side during a trial.
cruel and unusual punishment Physical punishment or punishment that is far in excess of that
given to people under similar circumstances and is therefore banned by the Eighth Amendment.
The death penalty has so far not been considered cruel and unusual if it is administered in a fair
and nondiscriminatory fashion.
cultural transmission The passing of cultural values from one generation to the next.
culture of poverty The crushing lifestyle of slum areas produces a culture of poverty, passed
from one generation to the next, marked by apathy, cynicism, feelings of helplessness, and
mistrust of social institutions, such as schools, government agencies, and the police.
cumulative disadvantage The tendency of prior social problems to produce future ones that
accumulate and undermine success.
Customs and Border Protection (CBP) Federal agency responsible for the control and protection
of America’s borders and ports of entry. Its first priority is keeping terrorists and their weapons
out of the United States.
cyber crime Any criminal activity that employs the Internet or other computer- based systems
for illegal gain.
cyber stalking Using the Internet, e-mail, or other electronic communications devices to stalk or
harass another person.
cyber theft The use of computer networks for criminal profits. Illegal copyright infringement,
identity theft, and Internet securities fraud are examples of cyber theft.
cyber vandalism Malicious attacks aimed at disrupting, defacing, and destroying technology.
cyber war Politically motivated attacks designed to compromise the electronic infrastructure of
the enemy and to disrupt its economy.
cynicism The belief that most people’s actions are motivated solely by personal needs and
selfishness.
day fees A program requiring probationers to pay some of the costs of their treatment.
day fine A fine geared to the average daily income of the convicted offender in an effort to bring
equity to the sentencing process.
day reporting center (DRC) A nonresidential community-based treatment program.
deadly force Force that is likely to cause death or bodily harm.
decriminalization Reducing the penalty for a criminal act but not actually legalizing it.
deinstitutionalization The policy of removing as many offenders as possible from secure
confinement and treating them in the community.
deliberation Planning a criminal act after careful thought, rather than carrying it out on impulse.
demeanor The way in which a person outwardly manifests his or her personality.
denial-of-service attack Extorting money from an Internet service user by threatening to
prevent the user having access to the service.
Department of Homeland Security (DHS) Federal agency responsible for preventing terrorist
attacks within the United States, reducing America’s vulnerability to terrorism, and minimizing
the damage and assisting in recovery from attacks that do occur.
deposit bail The monetary amount set by a judge at a hearing as a condition of pretrial release;
the percentage of the total bond required to be paid by the defendant.
detention The temporary care of a child alleged to be a delinquent or status offender who
requires secure custody, pending court disposition.
determinate sentence A fixed term of incarceration, such as three years’ imprisonment. Many
people consider determinate sentences too restrictive for rehabilitative purposes; the
advantage is that offenders know how much time they have to serve—that is, when they will be
released.
deterrent effect Stopping or reducing crime by convincing would-be criminals that they stand a
significant risk of being apprehended and punished for their crimes.
developmental theory Social interactions that are developed over the life course shape
behavior. Some interactions, such as involvement with deviant peers, encourage law violations
whereas others, such as marriage and military service may help people desist from crime.
direct examination The questioning of one’s own (prosecution or defense) witness during a
trial.
directed patrol A patrol strategy that involves concentrating police resources in areas where
certain crimes are a significant problem.
directed verdict The right of a judge to direct a jury to acquit a defendant because the state has
not proved the elements of the crime or otherwise has not established guilt according to law.
discretion The use of personal decision making and choice in carrying out operations in the
criminal justice system. For example, police discretion can involve deciding whether to make an
arrest; prosecutorial discretion can involve deciding whether to accept a plea bargain.
disposition For juvenile offenders, the equivalent of sentencing for adult offenders. The theory
is that disposition is more rehabilitative than retributive. Possible dispositions include dismissing
the case, releasing the youth to the custody of his or her parents, placing the offender on
probation, or sending him or her to a state correctional institution.
diversion A noncriminal alternative to trial, usually featuring counseling, job training, and
educational opportunities.
DNA profiling The identification of criminal suspects by matching DNA samples taken from their
person with specimens found at the crime scene.
double marginality The social burden African American police officers carry by virtue of being
both minority group members and law enforcement officers.
Drug Enforcement Administration (DEA) The federal agency that enforces federal drug control
laws.
due process perspective Due process provides the basic rights of a defendant in criminal
proceedings and the requirements for a fair trial.
electronic monitoring (EM) Requiring convicted offenders to wear a monitoring device as part
of their community sentence. Typically part of a house arrest order, this enables the probation
department to ensure that offenders are complying with court-ordered limitations on their
freedom.
emotional intelligence The capability of monitoring one’s own feelings and actions in order to
guide action.
entrapment A criminal defense that maintains the police originated the criminal idea or
initiated the criminal action.
equal justice perspective The view that all people should be treated equally before the law.
Equality may best be achieved through individual discretion in the justice process.
equity The action or practice of awarding each person what is due him or her; sanctions based
on equity seek to compensate individual victims and society in general for their losses due to
crime.
e-tailing fraud Using the Internet to illegally buy or sell merchandise. ex post facto laws Acts
that retroactively change the legal status of actions that were committed before the enactment
of a law and/or change the consequences once it was enacted.
exclusionary rule Evidence seized in violation of the Fourth Amendment cannot be used in a
court of law.
Federal Bureau of Investigation (FBI) The arm of the US Justice Department that investigates
violations of federal law, seeks to protect America from terrorist attacks, gathers crime statistics,
runs a comprehensive crime laboratory, and helps train local law enforcement officers.
felony A more serious offense that carries a penalty of incarceration in a state prison, usually for
one year or more. Persons convicted of felony offenses lose such rights as the right to vote, hold
elective office, or maintain certain licenses.
Fine A money payment levied on offenders to compensate society for their misdeeds. firstdegree murder Killing a person after premeditation and deliberation.
foot patrol Police patrols that take officers out of cars and put them on a walking beat to
strengthen ties with the community.
forcible rape Under common law, the carnal knowledge of a female forcibly and against her will.
Many states have made rape a gender-neutral crime. The FBI has created a new definition of
rape for its UCR program: “The penetration, no matter how slight, of the vagina or anus with
any body part or object, or oral penetration by a sex organ of another person, without the
consent of the victim.”
forensic science The use of scientific techniques to investigate questions of interest to the
justice system and to solve crimes.
forfeiture The seizure of personal property by the state as a civil or criminal penalty.
furlough A correctional policy that allows inmates to leave the institution for vocational or
educational training, for employment, or to maintain family ties.
fusion center A mechanism to exchange information and intelligence, maximize resources,
streamline operations, and improve the ability to fight crime and terrorism by analyzing data
from a variety of sources.
general deterrence The theory that crime rates are influenced and controlled by the threat of
criminal punishment. If people fear being apprehended and punished, they will not risk
breaking the law.
Gideon v. Wainwright The 1963 US Supreme Court case that granted counsel to indigent
defendants in felony prosecutions.
globalization The process of creating a global economy through transnational markets and
political and legal systems.
good faith exception The principle that evidence may be used in a criminal trial, even though
the search warrant used to obtain it is technically faulty, if the police acted in good faith and to
the best of their ability when they sought to obtain it from a judge.
grand jury A type of jury responsible for investigating alleged crimes, examining evidence, and
issuing indictments.
grass eaters A term for police officers who accept payoffs when everyday duties place them in a
position to “look the other way.”
green crime Criminal activity that involves violation of rules and laws designed to protect the
environment, including illegal dumping, polluting, fishing, logging, and so on.
halfway house A community-based correctional facility that houses inmates before their
outright release so they can become gradually acclimated to conventional society.
hands-off doctrine The legal practice of allowing prison administrators a free hand to run the
institution, even if correctional practices violate inmates’ constitutional rights; ended with the
onset of the prisoners’ rights movement in the 1960s.
hearsay evidence Testimony that is not firsthand but, rather, relates information told by a
second party.
hot spots of crime Places from which a significant portion of all police calls originate. These hot
spots include taverns and housing projects.
house arrest A form of intermediate sanction that requires the convicted offender to spend a
designated amount of time per week in his or her own home—such as from 5 p.m. Friday until 8
a.m. Monday.
hue and cry In medieval England, a call for assistance. The policy of self-help that prevailed in
villages demanded that everyone respond if a citizen raised a hue and cry to get their aid.
hulks Abandoned ships anchored in harbors and used in eighteenth-century England to house
prisoners.
hundred In medieval England, a group of 100 families responsible for maintaining order and
trying minor offenses.
identity theft Using the Internet to steal someone’s identity and/or impersonate the victim to
conduct illicit transactions, such as committing fraud using the victim’s name and identity.
incapacitation The policy of keeping dangerous criminals in confinement to eliminate the risk of
their repeating their offense in society.
indeterminate sentence A term of incarceration with a stated minimum and maximum length,
such as a sentence to prison for a period of 3 to 10 years. The prisoner would be eligible for
parole after the minimum sentence has been served. Based on the belief that sentences should
fit the criminal, indeterminate sentences allow individualized sentences and provide for
sentencing flexibility. Judges can set a high minimum to override the purpose of the
indeterminate sentence.
indictment The action by a grand jury when it finds that probable cause exists for prosecution
of an accused suspect.
information Charging document filed by the prosecution that forms the basis of the preliminary
hearing.
initial appearance A juvenile’s first appearance before the juvenile court judge, in which the
charges are reviewed and an effort is made to settle the case without a trial. If the child does
not have legal counsel, an attorney is appointed.
inmate social code An unwritten code of behavior, passed from older inmates to younger ones,
that serves as a guideline to appropriate inmate behavior within the correctional institution.
inmate subculture The loosely defined culture that pervades prisons and has its own norms,
rules, and language.
in-presence requirement With a few exceptions, in order to make an arrest in a misdemeanor, a
police officer must have witnessed the crime personally.
insanity A legal defense that maintains a defendant was incapable of forming criminal intent
because he or she suffers from a defect of reason or mental illness.
intake The process in which a probation officer settles cases at the initial appearance before
the onset of formal criminal proceedings; also, the process in which a juvenile referral is
received and a decision is made to file a petition in the juvenile court, release the juvenile, or
refer the juvenile elsewhere.
intelligence-led policing (ILP) The collection and analysis of information to generate an
“intelligence end product” designed to inform police decision making at both the tactical and
the strategic level.
intensive probation supervision (IPS) A type of intermediate sanction involving small probation
caseloads and strict monitoring on a daily or weekly basis.
interactionist view of crime Criminal law reflects the values of people who use their social and
political power to shape the legal system.
intermediate sanctions Punishments that fall between probation and prison (“probation plus”).
Community-based sanctions, including house arrest and intensive supervision, serve as
alternatives to incarceration.
internal affairs The branch of the police department that investigates charges of corruption or
misconduct on the part of police officers.
jail A place to detain people awaiting trial, to serve as a lockup for drunks and disorderly
individuals, and to confine convicted misdemeanants serving sentences of less than one year.
jailhouse lawyer An inmate trained in law or otherwise educated who helps other inmates
prepare legal briefs and appeals.
judicial reprieve The common-law practice that allowed judges to suspend punishment so that
convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had
reformed their behavior.
jury nullification A defense tactic that consists of suggesting that the jury acquit a defendant,
despite evidence that he actually violated the law, by maintaining that the law was unjust or not
applicable to the case.
jury trial The process of deciding a case by a group of persons selected and sworn in to serve as
jurors at a criminal trial, often as a 6- or 12-person jury.
just desert The philosophy of justice asserting that those who violate the rights of others
deserve to be punished. The severity of punishment should be commensurate with the
seriousness of the crime.
justice of the peace Established in 1326 England, the office was created to help the shire reeve
in controlling the county; it later took on judicial functions.
juvenile court A court that has original jurisdiction over persons defined by statute as juveniles
and alleged to be delinquents or status offenders.
juvenile delinquency Participation in illegal behavior by a minor who falls under a statutory age
limit.
Knapp Commission A public body that led an investigation into police corruption in New York
and uncovered a widespread network of payoffs and bribes.
landmark decision A decision handed down by the US Supreme Court that becomes the law of
the land and serves as a precedent for resolving similar legal issues.
larceny The unlawful taking, carrying, leading, or riding away of property from the possession or
constructive possession of another.
latent trait A hidden trait that guides human behavior. Law Enforcement Assistance
Administration (LEAA) Funded by the federal government’s Safe Streets Act, this agency
provided technical assistance and hundreds of millions of dollars in aid to local and state justice
agencies between 1969 and 1982.
legalization The removal of all criminal penalties from a previously outlawed act.
less-lethal weapons Weapons designed to disable or immobilize rather than kill criminal
suspects.
lex talionis Latin for “law as retaliation.” From Hammurabi’s ancient legal code, the belief that
the purpose of the law is to provide retaliation for an offended party and that the punishment
should fit the crime.
life course theory Theory that focuses on changes in criminality over the life course brought
about by shifts in experience and life events.
make-believe family In female institutions, the substitute family group— including faux father,
mother, and siblings—created by some inmates.
mala in se Refers to acts that society considers inherently evil, such as murder and rape, and
that violate the basic principles of Judeo-Christian morality.
mala prohibitum Crimes created by legislative bodies that reflect prevailing moral beliefs and
practices.
mandatory sentence A statutory requirement that a certain penalty shall be set and carried out
in all cases upon conviction for a specified offense or series of offenses.
Manhattan Bail Project The innovative experiment in bail reform that introduced and
successfully tested the concept of release on recognizance.
maximum-security prison A correctional institution that houses dangerous felons and maintains
strict security measures, high walls, and limited contact with the outside world.
meat eaters A term for police officers who actively solicit bribes and vigorously engage in
corrupt practices.
medical model A correctional philosophy grounded on the belief that inmates are sick people
who need treatment rather than punishment in order to help them reform.
medium-security prison A less secure institution that houses nonviolent offenders and provides
more opportunities for contact with the outside world.
mens rea Guilty mind. The mental element of a crime or the intent to commit a criminal act.
minimum-security prison The least secure institution, which houses white- collar and
nonviolent offenders, maintains few security measures, and has liberal furlough and visitation
policies.
Miranda warning The requirement that police officers inform suspects subjected to custodial
interrogation that they have a constitutional right to remain silent, that their statements can
later be used against them in court, that they can have an attorney present to help them, and
that the state will pay for an attorney if they cannot afford to hire one.
misdemeanor A minor crime usually punished by less than one year’s imprisonment in a local
institution, such as a county jail.
Missouri Plan A method of picking judges through nonpartisan elections as a way to ensure that
judges adhere to high standards of judicial performance.
monetary restitution A sanction requiring that convicted offenders compensate crime victims
by reimbursing them for out-of-pocket losses caused by the crime. Losses can include property
damage, lost wages, and medical costs.
moral entrepreneurs People who wage moral crusades to control criminal law so that it reflects
their own personal values.
motivational interviewing A technique that increases the probationers’ awareness of their
potential problems by asking them to visualize a better future and learn strategies to reach their
goals.
motor vehicle theft The theft of a motor vehicle. murder and nonnegligent manslaughter The
willful (nonnegligent) killing of one human being by another.
National Crime Victimization Survey (NCVS) The ongoing victimization study conducted jointly
by the Justice Department and the US Census Bureau that surveys victims about their
experiences with law violation.
National Criminal Intelligence Sharing Plan (NCISP) A formal intelligence- sharing initiative that
identifies the security and intelligence sharing needs recognized in the wake of the 9/11
terrorist attacks.
National Incident-Based Reporting System (NIBRS) Program that requires local police agencies
to provide a brief account of each incident and arrest within 22 crime patterns, including
incident, victim, and offender information.
neighborhood-oriented policing (NOP) Community-oriented policing efforts aimed at individual
neighborhoods.
no bill The action by a grand jury when it votes not to indict an accused suspect.
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, and office policy.
nondeadly force Force that is unlikely to cause death or significant bodily harm.
nonintervention perspective A view of criminal justice that emphasizes the least intrusive
treatment possible. Among its central policies are decarceration, diversion, and
decriminalization. In other words, less is better.
obitiatry Helping people take their own lives.
official crime statistics Compiled by the FBI in its Uniform Crime Reports, these are a tally of
serious crimes reported to police agencies each year.
order maintenance (peacekeeping) The order-maintenance aspect of the police role involves
peacekeeping, maintaining order and authority without the need for formal arrest, “handling
the situation,” and keeping things under control by using threats, persuasion, and
understanding.
parens patriae Latin term meaning “father of his country.” According to this legal philosophy,
the government is the guardian of everyone who has a disability, especially children, and has a
legal duty to act in their best interests until they reach the age of majority.
parole The early release of a prisoner from imprisonment, subject to conditions set by a parole
board.
Parole board A panel of people who decide whether an offender should be released from
prison on parole after serving the minimum portion of their sentence ordered by the sentencing
judge.
Part I crimes The eight crimes for which, because of their seriousness and frequency, the FBI
reports their incidence in its annual Uniform Crime Reports. The Part I crimes are murder, rape,
assault, robbery, burglary, arson, larceny, and motor vehicle theft.
Part II crimes All other crimes except the eight Part I crimes. The FBI records all arrests made for
Part II crimes, including race, gender, and age information. penal harm A philosophy based on
the belief that harsh treatment while serving a correctional sentence will convince offenders
that crime does not pay, thereby lowering the chances of recidivism.
penitentiary A state or federal correctional institution for the incarceration of felony offenders
for terms of one year or more.
penitentiary house Term used for early prisons, so named because inmates were supposed to
have penitence for their sins.
Pennsylvania system The correctional model used in Pennsylvania that isolated inmates from
one another to prevent them from planning escapes, to make them easy to manage, and to give
them time to experience penitence.
peremptory challenge The dismissal of a potential juror by either the prosecution or the
defense for unexplained, discretionary reasons.
phishing Also known as carding and spoofing, phishing consists of illegally acquiring personal
information, such as bank passwords and credit card numbers, by masquerading as a
trustworthy person or business in what appears to be an official electronic communication, such
as an e-mail or an instant message. The term phishing comes from the lures used to “fish” for
financial information and passwords.
plea bargaining Nonjudicial settlement of a case in which the defendant exchanges a guilty plea
for some consideration, such as a reduced sentence.
police brutality Usually involves such actions as the use of abusive language, the unnecessary
use of force or coercion, threats, prodding with nightsticks, stopping and searching people to
harass them, and so on.
police chief The top administrator of the police department, who sets policy and has general
control over departmental practices. The chief is typically a political rather than a civil service
appointee and serves at the pleasure of the mayor.
Ponzi scheme An investment fraud that involves the payment of purported returns to existing
investors from funds contributed by new investors.
poor laws Seventeenth-century laws in England that bound out vagrants and abandoned
children as indentured servants to masters.
preliminary hearing A hearing that occurs in lieu of a grand jury hearing, when the prosecutor
charges via information. Three issues are decided: whether a crime was committed, whether
the court has jurisdiction over the case, and whether there is sufficient probable cause to
believe the defendant committed the alleged crime.
premeditation Considering the criminal act beforehand, which suggests that it was motivated
by more than a simple desire to engage in an act of violence.
preponderance of the evidence The level of proof in civil cases; more than half the evidence
supports the allegations of one side.
presentence investigation An investigation performed by a probation officer attached to a trial
court after the conviction of a defendant.
presentment The report of a grand jury investigation, which usually includes a recommendation
of indictment.
pretrial detention Holding an offender in secure confinement before trial. pretrial diversion A
program that provides nonpunitive, community-based alternatives to more intrusive forms of
punishment such as jail or prison.
pretrial procedures Critical pretrial processes and decisions, including bail, arraignment, and
plea negotiation.
preventive detention The practice of holding dangerous suspects before trial without bail.
prison A state or federal correctional institution for incarceration of felony offenders for terms
of one year or more.
prisonization Assimilation into the separate culture in the prison that has its own set of rewards
and behaviors, as well as its own norms, rules, and language. The traditional prison culture is
now being replaced by a violent gang culture.
proactive policing A police department policy that emphasizes stopping crimes before they
occur, rather than reacting to crimes that have already occurred.
probable cause The evidentiary criterion necessary to sustain an arrest or the issuance of an
arrest or search warrant; less than absolute certainty or “beyond a reasonable doubt,” but
greater than mere suspicion or “hunch.”
probable cause hearing Term used in some jurisdictions for a preliminary hearing to show cause
to bring a case to trial.
probation A sentence entailing the conditional release of a convicted offender into the
community under the supervision of the court (in the person of a probation officer), subject to
certain conditions for a specified time
probation rules Conditions or restrictions mandated by the court that must be obeyed by a
probationer.
problem-oriented policing (POP) A style of police operations that stresses proactive problem
solving, rather than reactive crime fighting.
proof beyond a reasonable doubt The standard of proof needed to convict in a criminal case.
The evidence offered in court does not have to amount to absolute certainty, but it should leave
no reasonable doubt that the defendant committed the alleged crime.
propensity theory The view that a stable unchanging feature, characteristic, property, or
condition, such as defective intelligence or impulsive personality, makes some people crime
prone.
pro se “For oneself ”; presenting one’s own defense in a criminal trial; self- representation.
prosecutor Representative of the state (executive branch) in criminal proceedings; advocate for
the state’s case—the charge— in the adversary trial. Examples include the attorney general of
the United States, US attorneys, the attorneys general of the states, district attorneys, and
police prosecutors. The prosecutor participates in investigations both before and after arrest,
prepares legal documents, participates in obtaining arrest or search warrants, and decides
whether to charge a suspect and, if so, with which offense. The prosecutor argues the state’s
case at trial, advises the police, participates in plea negotiations, and makes sentencing
recommendations.
psychodynamic view Criminals are driven by unconscious thought patterns, developed in early
childhood, that control behaviors over the life course.
public defender An attorney usually employed (at no cost to the accused) by the government to
represent poor persons accused of a crime.
public law The branch of law that deals with the state or government and its relationships with
individuals or other governments.
racial profiling The practice of police targeting minority groups because of a belief that they are
more likely to be engaged in criminal activity.
racial threat hypothesis The view that the percentage of minorities in the population shapes
the level of police activity.
Racketeer Influenced and Corrupt Organization Act (RICO) Federal legislation that enables
prosecutors to bring additional criminal or civil charges against people engaged in two or more
acts prohibited by 24 existing federal and 8 state laws. RICO features monetary penalties that
allow the government to confiscate all profits derived from criminal activities. Originally
intended to be used against organized criminals, RICO has also been used against white-collar
criminals.
rational choice theory People will engage in delinquent and criminal behavior after weighing
the consequences and benefits of their actions. Delinquent behavior is a rational choice made
by a motivated offender who perceives the chances of gain as outweighing any perceived
punishment or loss.
recognizance The medieval practice of allowing convicted offenders to go unpunished if they
agreed to refrain from any further criminal behavior.
rehabilitation The strategy of applying proper treatment so an offender will present no further
threat to society.
rehabilitation perspective The view that the primary purpose of criminal justice is helping to
care for people who cannot manage themselves. Crime is an expression of frustration and anger
created by social inequality and can be controlled by giving people the means to improve their
lifestyle through conventional endeavors.
relative deprivation The view that extreme social and economic differences among people
living in the same community exacerbate criminal activity.
release on recognizance (ROR) A nonmonetary condition for the pretrial release of an accused
individual; an alternative to monetary bail that is granted after the court determines that the
accused has ties in the community, has no prior record of default, and is likely to appear at
subsequent proceedings.
residential community corrections (RCC) A nonsecure facility, located in the community, that
houses probationers who need a more secure environment. Typically, residents are free during
the day to go to work, school, or treatment, and they return in the evening for counseling
sessions and meals.
restitution A condition of probation in which the offender repays society or the victim of crime
for the trouble and expense the offender caused.
restorative justice perspective A view of criminal justice that advocates peaceful solutions and
mediation rather than coercive punishments.
revocation An administrative act performed by a parole authority that removes a person from
parole, or a judicial order by a court removing a person from parole or probation, in response to
a violation on the part of the parolee or probationer.
risk classification Classifying probationers so that they may receive an appropriate level of
treatment and control.
robbery The taking or attempting to take anything of value from the care, custody, or control of
a person or persons by force or threat of force or violence and/or by putting the victim in fear.
search warrant An order issued by a judge, directing officers to conduct a search of specified
premises for specified objects or persons and bring them before the court.
second-degree murder A person’s wanton disregard for the victim’s life and his or her desire to
inflict serious bodily harm on the victim, which results in the victim’s death.
Secret Service Federal agency responsible for executive protection and for investigation of
counterfeiting and various forms of financial fraud.
self-defense A legal defense in which defendants claim that their behavior was legally justified
by the necessity to protect their own life and property, or that of another victim, from potential
harm.
self-report survey A research approach that requires subjects to reveal their own participation
in delinquent or criminal acts.
sentencing circle A type of sentencing in which victims, family members, community members,
and the offender participate in an effort to devise fair and reasonable sanctions that are
ultimately aimed at reintegrating the offender into the community.
sentencing guidelines A set of standards that define parameters for trial judges to follow in
their sentencing decisions.
sheriff The chief law enforcement officer in a county.
shire reeve In medieval England, the senior law enforcement figure in a county; the forerunner
of today’s sheriff.
shock probation A sentence in which offenders serve a short prison term before they begin
probation to impress them with the pains of imprisonment.
Sixth Amendment The US constitutional amendment containing various criminal trial rights,
such as the right to public trial, the right to trial by jury, and the right to confrontation of
witnesses.
social bonds The ties people have to family, peers, social institutions, and significant others.
social conflict theory Human behavior is shaped by interpersonal conflict, and those who
maintain social power use it to further their own interests.
social control The control of an individual’s behavior by social and institutional forces in society.
social learning theory Behavior patterns are modeled and learned in interactions with others.
social process theory An individual’s behavior is shaped by interactions with key social
institutions—family, school, peer group, and the like.
social structure theory A person’s position in the social structure controls his or her behavior.
Those in the lowest socioeconomic tier are more likely to succumb to crime-promoting
elements in their environment, whereas those in the highest tier enjoy social and economic
advantages that insulate them from crime- producing forces.
specific deterrence A crime control policy suggesting that punishment should be severe enough
to convince convicted offenders never to repeat their criminal activity.
split sentence A practice that requires convicted criminals to spend a portion of their sentence
behind bars and the remainder in the community.
stalking The willful, malicious, and repeated following and harassing of another person. stare
decisis Latin for “to stand by decided cases.” The legal principle by which the decision or holding
in an earlier case becomes the standard by which subsequent similar cases are judged.
state courts of limited jurisdiction Courts that have jurisdiction over misdemeanors and
conduct preliminary investigations of felony charges.
state (organized) crime Criminal acts committed by state officials within the context of their
jobs as government representatives.
status offender A juvenile who engages in behavior legally forbidden to minors, such as running
away, truancy, or incorrigibility.
stigmatize To characterize or brand someone as disgraceful in order to make them feel shameful
and ruin their reputation.
sting operation An undercover police operation in which police pose as criminals to trap law
violators.
stop and frisk The situation when police officers who are suspicious of an individual run their
hands lightly over the suspect’s outer garments to determine whether the person is carrying a
concealed weapon. Also called a patdown or threshold inquiry, a stop and frisk is intended to
stop short of any activity that could be considered a violation of Fourth Amendment rights.
strict liability crime Illegal act whose elements do not contain the need for intent, or mens rea;
usually, an act that endangers the public welfare, such as illegal dumping of toxic wastes.
subculture A substratum of society that maintains a unique set of values and beliefs.
substantive criminal law A body of specific rules that declare what conduct is criminal and that
prescribe the punishment to be imposed for such conduct.
substantive rights A number of civil rights that the courts, through a slow process of legal
review, have established for inmates, including the rights to receive mail and medical benefits
and to practice their religion.
suicide by cop A form of suicide in which a person acts in an aggressive manner with police
officers in order to induce them to shoot to kill.
super-maximum-security prison The newest form of a maximum-security prison that uses highlevel security measures to incapacitate the nation’s most dangerous criminals. Most inmates are
in lockdown 23 hours a day.
sureties During the Middle Ages, people responsible for the behavior of an offender released
before trial.
suspended sentence A prison term that is delayed while the defendant undergoes a period of
community treatment. If the treatment is successful, the prison sentence is terminated.
terrorism Politically motivated violence designed to intimidate governmental or civilian
opponents to attain political or social objectives.
therapeutic communities Institutions that rely on positive peer pressure within a highly
structured social environment to create positive inmate change.
time-in-rank system For police officers to advance in rank, they must spend an appropriate
amount of time, usually years, in the preceding rank; for example, to become a captain, an
officer must first spend time as a lieutenant.
tithing In medieval England, a group of 10 families who collectively dealt with minor
disturbances and breaches of the peace.
tort A personal injury or wrong for which an action for damages may be brought. total
institution A regimented, dehumanizing institution such as a prison, in which inmates are kept
in social isolation, cut off from the world at large.
trajectory theory The view that there are multiple independent paths to a criminal career and
different types and classes of offenders.
transfer hearing The hearing in which a decision is made to waive a juvenile to the criminal
court. Waiver decisions are based on such criteria as the child’s age, her or his prior offense
history, and the nature of the offense.
transnational organized crime Global criminal conspiracies designed to obtain power and
influence or monetary gains that cross nation states and legal jurisdictions.
treatment The rehabilitative method used to effect a change of behavior in the juvenile
offender, in the form of therapy, or educational or vocational programs.
true bill of indictment A written statement charging a defendant with the commission of a
crime, drawn up by a prosecuting attorney and considered by a grand jury. If the grand jury
finds sufficient evidence to support the indictment, it will issue a true bill of indictment
Uniform Crime Reports (UCR) The FBI’s yearly publication of where, when, and how much
serious crime occurred in the prior year.
US magistrate judge A federal trial judge who is appointed by a district court judge and who
presides over various civil cases with the consent of the parties and over certain misdemeanor
cases.
US Marshals Service Federal agency whose jurisdiction includes protecting federal officials,
transporting criminal defendants, and tracking down fugitives.
USA Patriot Act (USAPA) A law designed to grant new powers to domestic law enforcement and
international intelligence agencies in an effort to fight terrorism.
venire The group called for jury duty from which jury panels are selected. vice squad Police
officers assigned to enforce morality-based laws, such as those on prostitution, gambling, and
pornography.
victim impact statement A postconviction statement by the victim of crime that may be used to
guide sentencing decisions.
vigilantes Groups of citizens who tracked down wanted criminals in the Old West.
voir dire The process in which a potential jury panel is questioned by the prosecution and the
defense to select jurors who are unbiased and objective.
waiver (juvenile) A practice in which the juvenile court waives its jurisdiction over a juvenile
and transfers the case to adult criminal court for trial. In some states, a waiver hearing is held to
determine jurisdiction, whereas in others, juveniles may be automatically waived if they are
accused of committing a serious crime such as murder.
Walnut Street Jail An eighteenth-century institution that housed convicted criminals in
Philadelphia.
warez Copyrighted software illegally downloaded and sold by organized groups without license
to do so.
watch system During the Middle Ages in England, men were organized in church parishes to
guard at night against disturbances and breaches of the peace under the direction of the local
constable.
widening the net of justice The view that programs designed to divert offenders from the
justice system actually enmesh them further in the process by substituting more intrusive
treatment programs for less intrusive punishment- oriented outcomes.
work release A prison treatment program that allows inmates to be released during the day to
work in the community and then return to prison at night.
writ of certiorari An order of a superior court requesting that the record of an inferior court (or
administrative body) be brought forward for review or inspection.
writ of habeas corpus A judicial order requesting that a person who detains another person
produce the body of the prisoner and give reasons for his or her capture and detention. Habeas
corpus is a legal device used to request that a judicial body review the reasons for a person’s
confinement and the conditions of confinement. Habeas corpus is known as “the great writ.”
zero tolerance The practice of seizing all instrumentalities of a crime, including homes, boats,
and cars. It is an extreme example of the law of forfeiture.
Flashcards Found Online -------------------------------------------------------------------------------------------Atavistic Anomalies Lombroso believed in "born criminals", individuals who have an inherited
set of physical traits.
Criminal Offender 1895
typical female traits.
Lombroso argued that a small group of female criminals lacked
Biological Determinism
Lombroso's believe that criminogenic traits can be acquired
through indirect heredity from a degenerate family whose members suffered from ills such as
insanity, syphillis, and alcoholism, or through direct heredity– being related to a family of
criminals.
"On Crimes and Punishment"
crime.
Beccaria called for fair and certain punishment to deter
Patterns in Criminal Homicide 1957 Wolfgang analyzed nearly 600 murders in Philadelphia and
concluded that many homicides among people of lower social status result from trivial conflicts
and insults and that the victims initiate the conflict more than one fourth of the time.
Social Structure Theories
crime.
The view that disadvantaged economic class is a primary cause of
Differential Opportunity
Cloward and Ohlin. Suggests that one's socio–economic
environment serves to predetermine their likelihood of achieving financial success legitimate or
illegitimate means. Lower class youths, whose legitimate opportunities are limited, join gangs
and pursue criminal careers as alternative means to achieve universal success goals.
Collective Efficacy
Social control exerted by cohesive communities, based on mutual trust,
including intervention in the supervision of children and maintenance of public order
Cultural Deviance Theory
Branch of social structure theory that sees strain and social
disorganization resulting in a unique lower class culture that conflicts with conventional social
norms.
General Strain Theory
According to Agnew, the view that multiple sources of strain
interact with an individual's emotional traits and responses to produce criminality.
Middle Class Measuring Rods
The standards by which teachers and other representatives
of state authority evaluate lower class youths. Because they cannot live up to middle class
standards, lower class youths are bound for failure, which gives rise to frustration and anger at
conventional society.
Social Disorganization Theory
Branch of social structure theory that focuses on the
breakdown of institutions such as family, social, and employment in inner city neighborhoods.
Social Structure Theory
primary cause of crime
The view that disadvantaged economic class position is the
Theory of Anomie
A modified version of the concept of Anomie developed by Merton to fit
social, economic, and cultural conditions found in modern U.S society. He found that two
elements of culture interact to produce potentially anomic conditions; culturally defined goals
and socially approved means for obtaining them.
Focal Concerns
According to Miller, the value orientations for lower class cultures;
features include the needs for excitement, trouble, smartness, and personal autonomy.
Differential Association Theory
According to Sutherland, the principle that criminal acts
are related to a person's exposure to and excess amount of antisocial attitudes and values.
Differential Reinforcement Theory An attempt to explain crime as a type of behavior. First
proposed by Akers in collaboration with Burgess I'm 1966, it is a version of the social learning
view that employes differential association concepts as well as elements of psychological
learning theory.
Negative Reinforcement
behaviors.
Primary Defiance
the Offender.
Using either negative stimuli or loss of reward to curtail unwanted
Deviant acts that do not help redefine the self image and public image of
Secondary Defiance Accepting deviant labels as a personal identity. Acts become secondary
when they form a basis for self concept, as when a drug experimenter becomes as addict.
Social Bond Ties a person has to the institutions and processes of society. Elements of the
social Bond include commitment, attachment, involvement and belief.
Social Control Theory
The view that people commit crime when the forces that bind
them to society are weakened or broken.
Social Learning Theory
The view that human behavior is modeled through observation of
human social interactions, either directly from observing those who are close and form intimate
contact, or indirectly through the media. Interactions that are rewarded are copied, while those
that are punished are avoided.
Social Process Theory
The view that criminality is a function of people's interactions with
various organizations, institutions, and processes of society.
Social Reaction Theory
The view that people become criminals when significant member
of society label them as such and they accept those labels as a personal identity.
General Theory of Crime
A developmental Theory that modifies social control theory by
integrating concepts from biosocial, psychological, routine activities, and rational choice
Theories.
Latent Course Theory
Theoretical views that criminal behavior is controlled by a master
trait, present at birth or soon after, that remains stable and unchanging throughout a person's
lifetime
Life Course Theories Theoretical views studying changes in criminals offending patterns over a
person's entire life.
Self Control Theory The view that the cause of delinquent behavior is an impulsive
personality. Kids who are impulsive may find their bond to society is weak.
Problem Behavior Syndrome
A cluster of antisocial behaviors that may include family
dysfunction, substance abuse, smoking. Precocious sexuality and early pregnancy, educational
underachievement, suicide attempts, sensation seeking and unemployment as well as crime.
Propensity
An inclination to behave in a particular way.
Hate Crime Acts of violence or intimidation designed to terrorize or frighten people
considered undesirable because of their race, religion, ethnic origin, or sexual orientation.
Violentization Process
The process by which abused children are turned into aggressive
adults. This process takes violent youths full circle from being victims of aggression to its
initiators; they are now the same person they grew up despising, ready to begin the process
with their own children.
Subculture Violence Norms and cultures that, in contrast to societies dominate value system,
legitimize and expect the use of violence to resolve social conflicts.
Mass Murder The killing of a large number of people I'm a single incident by an Offender who
typically does not seek concealment or escape.
Serial Killer The killing of a large number of people over time by an Offender who seeks to
escape detention.
Shield Laws Laws designed to protect rape victims by prohibiting the defense attorney from
inquiring about their previous sexual relationships.
Stalking
A pattern of behavior directed at a specific person that includes repeated
physical or visual proximity, unwanted communication, and/or threats sufficient to cause fear in
a reasonable person.
Statutory Rape
Sexual relations between an underage individual and an adult, though not
coerced, an underage partner is considered incapable of giving informed consent.
Expressive Violence Violence that is designed not for profit or gain but to vent rage, anger or
frustration.
Instrumental Violence
position of the criminal.
Violence used in an attempt to improve the financial or social