Legal Terms and Concepts in Criminal Justice, Quizzes of Criminology

Download Legal Terms and Concepts in Criminal Justice and more Quizzes Criminology in PDF only on Docsity! TERM 1 Adversary System DEFINITION 1 This approach presumes that the best way to get the facts in a dispute is to have a contest between the two sidesThe government, the prosecution, and the victimvs.The defense attorney and the defendant TERM 2 Inquisitory System DEFINITION 2 The accused is presumed guilty and must prove his or her innocence TERM 3 Due Process DEFINITION 3 Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person. Trials must be fair and include precedence TERM 4 Crime Control Model DEFINITION 4 The goal is quick and efficient processing of people who are accused like an assembly line.The accused is presumed guilty because the prosecutions' evidence is reliable TERM 5 Due Process Model DEFINITION 5 Main goal is to provide fairnessMust follow procedures, not just rely on facts TERM 6 Racial Profiling DEFINITION 6 Targeting based on race TERM 7 Ratification Error DEFINITION 7 Higher courts review the decisions made by the lower courtsNot enough to help innocent defendants TERM 8 Systems Effect DEFINITION 8 A change in one part of the system may unintentionally effect other parts of the systems TERM 9 Discretion DEFINITION 9 The judge or jury has leeway in determining the punishment for a given case TERM 10 Stages in the U.S. Criminal Justice Systems DEFINITION 10 PoliceProsecutionCourtsCorrections TERM 21 Search Warrant DEFINITION 21 A search warrant is a court order issued by a magistrate, judge or Supreme Court official that authorizes law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate evidence if it is found. TERM 22 Anticipatory Search Warrant DEFINITION 22 A warrant for a future search of a particular place a particular timeThe prosecution knew where and where a crime would take place to find evidence. TERM 23 Miranda Warning DEFINITION 23 Miranda warning is a warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. TERM 24 Voir Dire DEFINITION 24 Voir dire is a legal phrase that refers to a variety of procedures connected with jury trials. It originally referred to an oath taken by jurors to tell the truth, i.e., to say what is true, what is objectively accurate or subjectively honest, or both. TERM 25 Victims' Compensation Legislation DEFINITION 25 The states provide victims with financial compensation for the property losses they have incurred, medical expenses, or both TERM 26 Frankpledge DEFINITION 26 Frankpledge, earlier known as frith-borh, was a system of joint surety ship common in England throughout the Early Middle Ages. TERM 27 Tithing DEFINITION 27 The English land division called the tithing was a grouping of ten households. TERM 28 Hundred DEFINITION 28 10 Tithings TERM 29 Constable DEFINITION 29 The first police officer in charge of the hundreds. Responsible for taking care of the weapons TERM 30 Shires DEFINITION 30 Hundreds joined to form shires that are modern day countiesThe sire was under the direction of an officer, appointed by the king who was called a shire-reeve which came to be pronounced sheriff TERM 31 Watch System DEFINITION 31 A watch system, watch schedule, or watch bill is a method of assigning regular periods of work duty aboard ships and some other areas of employment. TERM 32 Posse DEFINITION 32 Under the posse system, the sheriff could call citizens over a certain age to assist in law enforcement TERM 33 Good Faith Exception DEFINITION 33 Evidence that is obtained illegally should not be excluded from if it can be shown that the officers secured the evidence in good faith, that is, if they reasonable believed that they were acting in accordance with the law TERM 34 Inevitable Discover Exception DEFINITION 34 illegally seized evidence is admissible if police would have found it later by legal methods TERM 35 Harmful error DEFINITION 35 A confession affected a constitutional right of the defendant and thus is a serious error rather than a technical one, the evidence must be excluded(coerced confession) TERM 46 Deferred Prosecution DEFINITION 46 The defendant must acknowledge the accused criminal act, and if the judge accepts the agreement between the defense and the prosecution, prosecution will be deferred for a specified number of years. If during that period, the defendant is found guilty of another crime, the earlier admission can be used against him or her in a prosecution on the crime for which prosecution was deferred. TERM 47 Pretrial Release DEFINITION 47 Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail.This is to enable the defendant to prepare for trial while avoiding the harmful effects of detention TERM 48 Surety DEFINITION 48 A surety, surety bond or guaranty, in finance, is a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults.It can also be the friends or relatives that the defendant is released to TERM 49 Preventative Detention DEFINITION 49 This statute permits judges to deny bail to defendants charged with dangerous crimes if the government has clear evidence, including consideration of the accursed past and present pattern of behavior, that release would endanger public safety TERM 50 Plea Bargaining DEFINITION 50 A process of negotiation between the prosecution and the defense in which the defense agrees to plead guilty to the current charge or to a lesser charge in exchange for the prosecutor's promise to recommend a light sentence, drop other charges, or make some other concession TERM 51 Restitution DEFINITION 51 The law of restitution is the law of gains-based recovery.Restoring what was lost. Possibly through community service TERM 52 Determinate Sentence DEFINITION 52 Legislative ModelThe sentence for a given crime is set and cannot be changed TERM 53 Indeterminate Sentence DEFINITION 53 Administrative modelNo determined sentencing, wide range TERM 54 Presumptive Sentence DEFINITION 54 Mix between determinate and indeterminate sentencingGives off the impression of a determinate, but the judge can have some discretion based on certain extenuating or mitigating circumstances TERM 55 Split Sentences DEFINITION 55 The court specifies a period of incarceration to be followed by a period of probation TERM 56 Modification of Sentence DEFINITION 56 The original sentencing court may reconsider an offender's prison sentence within a limited time and change it to probation TERM 57 Shock Probation DEFINITION 57 An offender sentenced to incarceration is released after a period of time in confinement (the shock) and re sentenced to probation TERM 58 Intermittent Incarceration DEFINITION 58 An offender on probation may spend only weekends or nights in jail TERM 59 Pardon DEFINITION 59 A pardon is the forgiveness of a crime and the cancellation of the relevant penalty; it is usually granted by a head of state or by acts of a parliament or a religious authority. TERM 60 Good-time Credit DEFINITION 60 Good conduct time, good time credit, or time off for good behavior is a sentence reduction given to prisoners who maintain good behavior while imprisoned. TERM 71 Hands-Off Doctrine DEFINITION 71 Judges did not interfere with the administration of correctional facilities due to separation of power TERM 72 Reintegration DEFINITION 72 the process of preparing both the community and offender for the latter's return as a productive and accepted citizen TERM 73 Boot Camps DEFINITION 73 In shock incarceration, offenders are separated from the general population and put through these camps with a lot of physical exercise and included rehab programs TERM 74 House Arrest DEFINITION 74 Electronic monitoring of offenders who are confined to their houses TERM 75 Probation DEFINITION 75 A way to rehabilitate criminals by letting them go on good faith that they will stay out of trouble. Usually accompanied by a parole officer who keeps regular check of these criminals to see if they have stayed out of trouble TERM 76 Intensive Probation Supervision DEFINITION 76 On solution to the overcrowding of prisonHouse arrest, designed to provide strict control and surveillance in a manner which will restrict the offender's movements in a community will emphasizing the payment of restitution to victims TERM 77 Prerelease Programs DEFINITION 77 Purpose is to prepare offenders for a successful re-entry into society upon release from prison and focus on improving offender's employability, and social skills TERM 78 Work-release or Furlough Programs DEFINITION 78 A furlough is a brief absence from the institution for a specified purpose other than work or studyMay be granted to allow inmates to visit sick relatives, attend family funerals, secure employment, obtain licenses, meet with future parole officersMay last from a few hours to a few days TERM 79 Unconditional Release DEFINITION 79 Unlike parole, the government doesnt monitor released inmates TERM 80 Megan's Law DEFINITION 80 Megan's Law is an informal name for laws in the United States requiring law enforcement authorities to make information available to the public regarding registered sex offenders, which was created in response to the murder of Megan Kanka. TERM 81 Jessica's Law DEFINITION 81 Jessica's Law is the informal name given to a 2005 Florida law, as well as laws in several other states, designed to protect potential victims and reduce a sexual offender's ability to re-offend.- A stricter version of Megan's Law TERM 82 Federal Probation DEFINITION 82 For a convicted felony charge, the judge may either put the convict in the prison, allow him to spend a part of the time in prison and another on probation, or just probation TERM 83 Batson v. Kentucky DEFINITION 83 Batson v. Kentucky, , was a case in which the United States Supreme Court ruled that a prosecutor's use of peremptory challenge-the dismissal of jurors without stating a valid cause for doing so-may not be used to exclude jurors based solely on their race. TERM 84 Gideon v. Wainwright DEFINITION 84 14th amendment to provo TERM 85 Law Degree Requirements for Judges DEFINITION 85 Higher level courts (appellate) require judges to have law degreesLower court judges are not required usually, appointed by general assembly for VA TERM 96 Alexander Maconochie DEFINITION 96 Was the superintendent of a prison colony for exiles off of the cost of Australia. Mark System Used to reward good behavior with early release TERM 97 Sir Walter Croften DEFINITION 97 Director of the Irish Prison System 8-9 months of solitary confinement Released to a public works camp off of the cost of Ireland Released to one of two colonies (intermediate stage) Bad behavior would result in the restarting of the process used to correct bad behavior Then finally released to the community (possibly ear) with a "ticket-of-leave" with supervision of a police officer Basically parole TERM 98 Bentham DEFINITION 98 Panopticon A prison design where it was circular and allowed guards to stand around a rotunda and monitor all the cells TERM 99 Maximum Security DEFINITION 99 Armed Guard Strict confinement Heavy electronic doors TERM 100 Medium Security DEFINITION 100 Razor-wire fencing Dormitory style living Perimeter armed guards TERM 101 Minimum Security DEFINITION 101 Fenced grounds Usually no perimeter guards dormitory-style living TERM 102 Donald Clemmer DEFINITION 102 Prizonization refers to the socialization and learning of prison rules, especially the informal system of prison life Clemmer's hypothesis was that prisonization increases with length of time serve in prison Generally, this is true, but we now now that this process can be affected by parole and other forms of release TERM 103 Wheeler's Study DEFINITION 103 3 levels of time served Newest: Less than 1 month, more than 6 months to serve Middle: Served more than 6 months, more than 6 months to serve Longest: Served more than 6 months, less than 6 months to serve Found that most inmates adopted the inmate code, but adoption was lowest among the newest group, highest with the middle group, and medium with the longest group TERM 104 Probation vs. Parole DEFINITION 104 Probabtion Parole 1841 Boston, MA 1875 Elmira, NY Judicial Decision Executive Decision Serve time in community Serve time in prison in lieu of incarceration then released to community Probabtion revoked by judge Parole revoked by parole board appointed by governor Usually reserved for 1st Can be used for almost any offenders and less serious offender and type of crim crimes TERM 105 Organized Crime DEFINITION 105 Crime committed as a result of structured organization Division of Labor Coordination of activities through unwritten rules, agreements... A rational design to achieve objectives (usually money) TERM 106 Valachi DEFINITION 106 Mafia member who spilled the beans against his group