Appendix 3: Glossary
- "Guardians vs. Warriors" Mindset
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A mindset ascribed to police, where the "warrior" is associated with combat, battle and aggression, and the "guardian" is someone who protects and watches over something or someone. A guardian mindset emphasizes social service, valuing community partnerships and establishing positive contacts and relationships. A warrior mindset emphasizes search, chase and capture, and can imply violence.
- "Mama Rosa"
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A component of the "slippery slope" model of ethics in policing, "Mama Rosa's Restaurant" would be a business establishment where a rookie officer's loyalty to the squad might be tested, and in doing so, violates ethical behavior.
- "Us vs. Them" Attitude
-
A notion or mindset that the police are singular in the pursuit of justice and the rule of law, while everyone else (even other criminal justice groups) work against their efforts.
- 1917 Espionage Act
-
A U.S. federal law enacted during World War I to combat espionage and support for foreign enemies. It made it a crime to interfere with military operations, to support U.S. enemies during wartime, or to promote insubordination, disloyalty, or refusal of duty in the armed forces. The Act's provisions have been controversial due to their potential impact on free speech and civil liberties.
- 1918 Immigration Act
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Also known as the "Dillingham-Hardwick Act," this legislation was passed by the U.S. Congress in 1918. The act extended immigration restrictions imposed by previous laws and introduced new measures, including a literacy test requirement for immigrants over 16 years old. It also expanded the list of "undesirable" immigrants ineligible for entry into the U.S., which included anarchists, criminals, and individuals with certain medical conditions. This act further solidified the trend of restrictive U.S. immigration policies in the early 20th century.
- abscond
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The act of a defendant or individual who is under legal supervision such as probation or bail, intentionally avoiding or fleeing from authoritie or failing to comply with the conditions of their release, typically involving leaving the jurisdiction or hiding to evade arrest or other legal consequences.
- Accountability
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Being held accountable for that which you are responsible. Examples include police being accountable to their supervisors; police departments being held accountable to their communities.
- Actus Reus
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The wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability; a forbidden act. (Thomson/West, 2000, p.12)
- Adversarial System
-
A legal framework where two opposing parties, typically the prosecution and the defense, present their cases before an impartial adjudicator, such as a judge or jury. This system relies on the principle of adversarial advocacy, wherein each party vigorously advocates for their position and challenges the evidence and arguments presented by the opposing side. The judge or jury then evaluates the evidence and arguments to determine guilt or innocence. The goal of this system is to ensure fair and transparent proceedings by allowing each party to advocate for their position and challenge the evidence and arguments put forth by the opposing side. The adversarial system is based on the principle that truth is most likely to emerge from the clash of opposing arguments, rather than through the efforts of an inquisitorial authority.
- Advocacy for Crime Victims
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A process where victim advocates are trained to support victims of crime by providing emotional support, explaining victims' rights, and assisting the victim in locating and acquiring needed resources.
- aggravating circumstances
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Factors or conditions surrounding a criminal offense that increase its severity or culpability. These circumstances may include the presence of violence, premeditation of the offense, use of a deadly weapon, or victim vulnerability, or the defendant's prior criminal history. Aggravating circumstances are often considered during sentencing to determine the appropriate level of punishment and may result in harsher penalties or longer prison terms for the convicted individual.
- aggregate data
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Data that is collected and presented in a summarized format, combining information from multiple sources or observations to provide a comprehensive overview. This type of data is often used to identify trends, patterns, and insights on a larger scale, rather than focusing on individual data points. For example, aggregate data can show the average income of a population, total sales in a region, or the overall performance of a group of students.
- Alibi
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A defense based on the physical impossibility of a defendant’s guilt by placing the defendant in a location other than the scene of the crime at the relevant time. (Thomson/West, 2000, p.24-25)
- American Bar Foundation
-
A non-profit research institute established in 1952 by the American Bar Association (ABA) with the aim of advancing justice through empirical research and scholarship. The ABF conducts interdisciplinary research on the legal system, including studies on law and society, the administration of justice, and legal institutions, contributing to a deeper understanding of law's impact on society.
- Anomie
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A concept in sociology and criminology referring to a state of societal instability or normlessness, characterized by a breakdown in social norms, standards, and values, often resulting in feelings of alienation, confusion, and lack of purpose among a significant portion of individuals within the group.
- anti-Red
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Actions, policies, or movements aimed at combating or opposing communism or socialist ideologies. It encompasses political, social, and economic strategies that seek to resist or suppress the spread or influence of communist or socialist ideas, organizations, or governments.
- appellant
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The party who files an appeal to a higher court seeking a review of a lower court's decision or judgment. The appellant is typically the individual or entity dissatisfied with the outcome of the original trial or hearing and seeks to challenge the judgement, ruling, or sentence by having the decision overturned or modified by presenting arguments and evidence to the appellate court.
- appointment
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The formal designation or assignment of a person to a specific position or duty within the criminal justice system. This can include appointments to roles such as judgeships, attorney positions, law enforcement positions, or other administrative roles within the justice system.
- arrest
-
The legal process by which a person who is under the suspicion of committing a crime is taken into custody by law enforcement authorities.
- Artificial Intelligence
-
Intelligence which is generated from machines, software, and robust datasets, and thus enables problem-solving and deep learning
- assault
-
In criminal law, assault is the act of intentionally causing another person to fear imminent physical harm or offensive contact. Unlike battery, which involves actual physical contact, assault focuses on the threat or attempt to cause harm. An assault can be verbal or physical, and no actual injury or contact is required for an act to be considered assault. It is often categorized as either simple assault or aggravated assault, with the latter involving more serious threats or use of a weapon.
- assigned counsel system
-
A legal framework in the criminal justice system where private attorneys are appointed by the court to represent individuals who cannot afford to hire their own legal representation. Under this system, lawyers are assigned to defendants on a case-by-case basis, typically drawn from a pool of qualified attorneys. Assigned counsel may be compensated by the government for their services at rates set by the court or through a combination of public funds and pro bono services. This system ensures that indigent defendants have access to legal representation as guaranteed by the Sixth Amendment of the U.S. Constitution, particularly important in cases where public defenders are unavailable or conflicts of interest arise.
- Attendant Circumstances
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Circumstances that are additional, optional, elements of a crime that, if present and proven beyond a reasonable doubt, will increase the sentence and/or re-characterize the offense.
- Attorney General
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The chief legal officer, top prosecutor of the federal or state government, and head of the Department of Justice at the federal or state level. The Attorney General is responsible for overseeing the administration of justice, providing legal advice to government officials, representing the government in legal matters, overseeing law enforcement agencies, and prosecuting criminal cases on behalf of the state or federal government.
- Auburn system
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A congregate correctional approach developed at Auburn State Penitentiary in New York during the early 19th century. It emphasized strict discipline, silence, and a regimen of group labor during the day, while housing prisoners in separate cells at night. This system aimed to instill obedience and deterrence through harsh conditions and regimented routines.
- Automated License Plate Readers (ALPR)
-
High-speed, computer-controlled technology which are mounted on poles, streetlights, overpasses, mobile trailers, or patrol vehicles, and capture all license plate numbers that come into view. Information on date, time and location are documented.
- back-end net-widening
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The unintended expansion of the criminal justice system's control over individuals who are already under some form of supervision, such as probation or parole. This phenomenon occurs when policies or practices designed to reduce incarceration inadvertently increase the number of people who are subject to these supervisory conditions, thereby intensifying their monitoring. The term highlights the paradox where efforts to offer alternatives to incarceration or to rehabilitate offenders can lead to increased surveillance and control, often resulting in more individuals being funneled back into the prison system through technical violations or minor infractions. This concept is crucial in criminal justice studies as it underscores the complexity and potential drawbacks of reform initiatives aimed at decarceration.
- bail
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A legal arrangement where a defendant pays a specified amount of money to secure their temporary release from custody while awaiting trial, with the understanding that they will appear in court as required.
- beat
-
A designated patrol area assigned to law enforcement officers for regular monitoring and surveillance within a community or jurisdiction.
- bench trial
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A legal proceeding in which a judge, rather than a jury, hears, evaluates evidence, decides questions of law, and render a verdict in a criminal or civil case. The judge is responsible for determining guilt or innocence, as well as imposing any resulting sentence, if applicable. This type of trial is typically used when either party waives their right to a jury trial or in certain circumstances where a jury trial is not available or deemed unnecessary.
- Bias
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An inclination or temperament or outlook towards a particular perspective, idea, or outcome, often influencing decision-making and judgement, which leads to a disproportionate weight in favor against an idea, thing, or group in a manner that is unfair or prejudiced.
- Bill of Rights
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The first 10 Amendments to the U.S. Constitution.
- Biometrics
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The measurement and analysis of unique physical or behavioral characteristics. This information includes fingerprints, voice patterns, and pupillary configuration, and is used for the purposes of identification and access.
- BJS
-
A U.S. government agency under the Department of Justice that collects, analyzes, and publishes data on crime, criminal offenders, victims of crime, and the operation of justice systems at all levels of government. The BJS provides reliable statistics to inform policymakers, researchers, and the public about crime trends, the functioning of the justice system, and issues related to law enforcement, courts, and corrections.
- Bobbies
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slang terminology used in some regions to refer to a police officer, originally named after the founder of the British Metropolitan Police department, Sir Robert Peel.
- Body of Law
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A collection of all the law relating to a specific legal topic. E.g., criminal law, constitutional law, military law.
- Body-Worn Cameras
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A wearable,audio, video, or photographic recording system used by law enforcement officers to record events in which the officers are involved, from the perspective of the officer wearing it.
- BOI
-
The precursor to the Federal Bureau of Investigation (FBI), established in 1908 within the United States Department of Justice. Initially tasked with enforcing laws relating to federal crimes, its jurisdiction expanded over time to include matters such as counterintelligence and domestic security. Led by directors such as J. Edgar Hoover, the Bureau of Investigation laid the groundwork for what would become the modern FBI, playing a crucial role in investigating and combating various forms of organized crime, espionage, and terrorism.
- Bolshevik
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A member or supporter of the radical faction of the Russian Social Democratic Labor Party that seized control of the government in Russia in October 1917, leading to the establishment of a communist regime under the leadership of Vladimir Lenin.
- bootlegging
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The illegal production, distribution, or sale of goods, particularly alcoholic beverages, without proper authorization or licensing from governmental authorities, often in violation of legal regulations and laws.
- bribery
-
The act of offering, giving, receiving, or soliciting something of value as a means to influence the actions of an individual holding a public or legal duty. Bribery is illegal and unethical, often involving monetary payments or gifts to sway decisions or secure an advantage in business, politics, or other sectors. It undermines fairness and integrity in societal and institutional processes.
- Broken Window Theory
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A criminological concept proposing that visible signs of disorder and neglect in a community, such as broken windows, graffiti, and litter, signal a lack of social control and can contribute to an environment conducive to additional crime and antisocial behavior.
- Budget
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A spending plan based on income and expenses, usually broken into subunits such as payroll, benefits, operations, fleet and equipment acquisition, and other related costs.
- Burden of Proof
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A party’s duty to prove a disputed assertion or charge. E.g., in a criminal case the prosecution always has the burden of proving the defendant guilty beyond a reasonable doubt.
- Bureau of Investigation
-
The precursor to the Federal Bureau of Investigation (FBI), established in 1908 within the United States Department of Justice. Initially tasked with enforcing laws relating to federal crimes, its jurisdiction expanded over time to include matters such as counterintelligence and domestic security. Led by directors such as J. Edgar Hoover, the Bureau of Investigation laid the groundwork for what would become the modern FBI, playing a crucial role in investigating and combating various forms of organized crime, espionage, and terrorism.
- Bureau of Justice Statistics
-
A U.S. government agency under the Department of Justice that collects, analyzes, and publishes data on crime, criminal offenders, victims of crime, and the operation of justice systems at all levels of government. The BJS provides reliable statistics to inform policymakers, researchers, and the public about crime trends, the functioning of the justice system, and issues related to law enforcement, courts, and corrections.
- campus design
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A comprehensive architectural and spatial layout plan for a correctional facility that resembles dorm-style units on a college campus. This layout is often used to house the lowest security level inmates, and typically includes housing units, administration buildings, recreational areas, and support facilities with little perimeter security.
- capital punishment
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Also known as the death penalty, refers to the legal execution of a person as punishment for a crime, typically administered by a government or judicial authority. This penalty is usually reserved for the most serious offenses, including murder, treason, or acts of terrorism. The methods of capital punishment vary depending on the jurisdiction and legal framework, and may include lethal injection, electrocution, gas chamber, hanging, or firing squad.
- Captain Alexander Maconochie
-
A pioneering penal reformer and British naval officer (1787–1860), Captain Alexander Maconochie is renowned for his innovative contributions to the field of penology during the early 19th century. As the superintendent of the Norfolk Island penal colony from 1840 to 1844, he introduced the "mark system," a revolutionary approach emphasizing rehabilitation over punishment. This system rewarded convicts with marks for good behavior, which could be used to earn privileges and, ultimately, early release.
- career criminals
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Individuals who repeatedly engage in criminal behavior over an extended period of time, often characterized by a pattern of committing serious or violent offenses. These individuals may have a lengthy history of arrests, convictions, and incarceration, demonstrating a habitual involvement in criminal activity as a primary means of livelihood or lifestyle, as well as a persistent disregard for societal norms and laws.
- case in chief
-
The main phase of a trial during which the party with the burden of proof, either the prosecution or plaintiff, presents its evidence and arguments to establish their case and to prove the allegations or charges against the defendant. In criminal trials, the prosecution's case in chief typically involves the presentation of witnesses, physical evidence, and legal arguments aimed at proving the defendant's guilt beyond a reasonable doubt. The term "case in chief" distinguishes this phase from other stages of the trial, such as cross-examination and rebuttal.
- case studies
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In research and academic contexts, case studies are in-depth examinations of a single person, group, event, or situation over a period of time. They are used to explore and analyze complex issues in real-world settings, providing detailed insights that can help illustrate broader principles and concepts. Case studies are commonly employed in various fields such as psychology, medicine, education, business, and social sciences to understand the underlying mechanisms, generate hypotheses, and apply theoretical knowledge to practical situations.
- CCOs
-
Criminal justice professionals responsible for supervising individuals who have been convicted of crimes but are serving a portion or all of their sentence within the community rather than in a traditional correctional facility. This includes probationers, parolees, and other indaviduals completing sentences of intermediate sanction based in the community. Community correction officers (CCOs) often work in conjunction with various stakeholders, including law enforcement agencies, social service providers, and the judicial system, to address the needs of offenders while promoting accountability and rehabilitation. Their multifaceted role aims to balance the needs of offenders with the safety and well-being of the community.
- Checks and Balances
-
The federal Constitution establishes the three branches of government—the Legislative (Congress), the Executive (President), and the Judicial (Courts) with each branch having a different role. The Constitution sets out the various "checks and balances" each branch of government exerts over the other two branches.
- Chicago School
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A group of criminologists who sought to move beyond simple, classical explanations of crime. The focus was on neighborhood studies of crime, especially relating to distributions of demographics as found on local and regional maps.
- chief prosecutor
-
The highest-ranking legal official within a prosecutorial office, responsible for overseeing the prosecution of criminal cases within a specific jurisdiction. The chief prosecutor, also known as the district attorney, state's attorney, or prosecuting attorney, leads a team of prosecutors and staff in pursuing criminal charges against individuals accused of violating the law. Typically appointed or elected to their position, the chief prosecutor plays a pivotal role in shaping prosecutorial policies, making charging decisions, managing case flow, negotiating plea bargains, and representing the stave or federal government's interests in court proceedings. The Chief Prosecutor's primary objective is to uphold the law, seek justice, and protect the interests of the public.
- child abuse
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A serious and often criminal behavior involving the mistreatment of a child, typically by an adult, which can manifest in various forms such as physical, emotional, sexual abuse, or neglect. It includes actions that cause harm, potential harm, or threat of harm to a child's health, development, or dignity. This behavior can have long-term detrimental effects on a child's physical and psychological well-being.
- civil forfeiture
-
A legal process in which law enforcement agencies can seize assets from individuals or entities suspected of involvement in criminal activity without necessarily charging the owners with wrongdoing. This process operates under the principle that the property itself is implicated in the alleged crime, rather than the individual. Unlike criminal forfeiture, which requires a conviction of the owner, civil forfeiture cases are brought against the property in a civil court. The burden of proof in civil forfeiture is typically lower than in criminal cases, often requiring a preponderance of the evidence rather than beyond a reasonable doubt. Proponents argue that civil forfeiture is a vital tool for disrupting criminal enterprises, while critics contend that it can lead to abuses and violations of property rights.
- civil justice
-
The legal process that resolves disputes between individuals or organizations regarding matters such as contracts, property rights, personal injury claims, and family matters through non-criminal court proceedings.
- Civil Rights Act of 1964
-
Landmark legislation in the U.S. that outlawed discrimination based on race, color, religion, sex, or national origin. It ended unequal application of voter registration requirements and racial segregation in schools, workplaces, and public facilities, and initiated comprehensive federal enforcement.
- Classical School
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A criminological perspective suggests that 1) people have free will to choose criminal or conventional behavior; 2) people commit crimes for reasons of greed or personal need; and 3)crime can be controlled by proportionate criminal sanctions.
- closing arguments
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The final stage of a trial during which each party's attorney presents their summary of the evidence and arguments to the judge or jury, aiming to persuade them to reach a favorable verdict for their client. Closing arguments typically follow the presentation of evidence and witness testimony and provide an opportunity for attorneys to highlight key points, refute opposing arguments, and present a compelling narrative supporting their case. Closing arguments are intended to provide a final opportunity for attorneys to advocate for their respective positions and to emphasize key points that support their case.
- Cognitive Dissonance
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The state of having inconsistent thoughts, beliefs, or attitudes, especially as relating to behavioral decisions, response to stimuli, and attitude change.
- cold cases
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A criminal investigation that remains unsolved and inactive for an extended period, often due to lack of evidence or leads.
- collective values
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The shared beliefs and principles held by a group or society as a whole. These values often reflect the ideals, morals, and priorities that members of a collective deem important and worthy of preservation. Typically shaped by cultural, religious, historical, and societal influences, they serve as guiding principles for the behavior and interactions of members within that group or society. Collective values often emphasize concepts such as justice, equality, freedom, fairness, solidarity, compassion, and respect for diversity and human rights. Collective values also play crucial function as a foundation for social norms, cohesion, and institutions, as well as influence the laws, policies, and practices within a society and contributing to its overall identity and structure.
- Common Law
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The body of law derived from judicial decisions rather than from statutes or constitutions; caselaw. Law based on the English legal system; as distinct from a civil-law system. All states except Louisiana have the common law as their legal system. (Thomson/West, 2000, p.117)
- Communications Devices
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Hardware or devices capable of transmitting an analog or digital signal over a telephone, physical communications wire or fiber, or wirelessly. Interface between communication devices promote short or long-distance communications.
- community corrections
-
A branch of corrections that focuses on the supervision and management of individuals who have been placed on probation, parole, or other forms of community-based supervision as an alternative to incarceration. Community corrections programs aim to promote rehabilitation, reduce recidivism, and facilitate successful reintegration into society by providing support, monitoring, and rehabilitative resources to offenders in their communities.
- community corrections officers
-
Criminal justice professionals responsible for supervising individuals who have been convicted of crimes but are serving a portion or all of their sentence within the community rather than in a traditional correctional facility. This includes probationers, parolees, and other indaviduals completing sentences of intermediate sanction based in the community. Community correction officers (CCOs) often work in conjunction with various stakeholders, including law enforcement agencies, social service providers, and the judicial system, to address the needs of offenders while promoting accountability and rehabilitation. Their multifaceted role aims to balance the needs of offenders with the safety and well-being of the community.
- community policing
-
A law enforcement philosophy and strategy that emphasizes collaboration between police departments and the communities they serve. It involves proactive engagement, problem-solving, and building trust to address the root causes of crime and enhance public safety.
- community service
-
A court-ordered penalty whereby convicted individuals, typically first-time offenders, juveniles, or those convicted of low-level offenses, must perform specified hours of unpaid work within the community. This intermediate sanction aims to promote offender accountability and rehabilitation by fostering a sense of responsibility and contributing positively to the community's welfare.
- community supervision
-
Community supervision refers to the system of monitoring and managing individuals who have been issued an intermediate sanction or placed on probation or parole within the community instead of being incarcerated. It involves oversight by a community corrections officer, probation officers, or parole officers to ensure compliance with court-ordered conditions and to facilitate the offender's rehabilitation and reintegration into society.
- compassionate release
-
A legal mechanism allowing for the early release of incarcerated individuals on grounds of extraordinary or compelling circumstances, typically related to severe medical conditions, advanced age, or terminal illness. This release is granted by judicial or administrative authorities, often in response to petitions filed by the prisoner or their representatives, and aims to provide humane and dignified end-of-life care or relief from extreme suffering outside of correctional facilities.
- Completely Innocent Victims
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Individuals who, in no way, consciously participated in their victimization.
- Complicity
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Association or participation in a criminal act; the act or state of being an accomplice. (Thomson/West, 2000, p.122)
- CompStat
-
A management tool used in law enforcement that involves the systematic collection, analysis, and dissemination of crime data to guide resource allocation, strategic planning, and accountability within police departments.
- concurrent sentencing
-
A judicial practice in criminal law where multiple sentences for different offenses are served simultaneously, rather than one after the other. This means that the defendant serves the longest single sentence while also serving any additional sentences concurrently, potentially resulting in a shorter overall period of incarceration. This practice aims to streamline the judicial process and avoid excessive punishment for multiple offenses committed by an individual.
- conflict perspective
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A viewpoint that maintains that the small number of members in a community or society who hold economic, political, and social power determine the content of criminal law.
- Conflict Theory
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A model of crime where the criminal justice system is viewed as being used by the ruling class to control the lower class.
- congregate approach
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A correctional strategy in which inmates are housed together in a centralized facility, such as a prison, where they interact and share common spaces for activities such as dining, recreation, and educational programs. This approach contrasts with more decentralized models of confinement, such as the use of individual cells in solitary confinement or in smaller, community-based facilities. The congregate approach aims to maximize efficiency in resource utilization and staff supervision while providing opportunities for social interaction and programming.
- consecutive sentences
-
A sentencing arrangement in criminal justice where multiple prison terms for separate offenses are served one after the other, rather than concurrently. Consecutive Sentences: A sentencing arrangement in criminal justice where multiple prison terms for separate offenses are served one after the other, rather than concurrently. Each sentence begins after the previous one ends, resulting in a longer total period of incarceration.
- consecutive sentencing
-
A sentencing arrangement in criminal justice where multiple prison terms for separate offenses are served one after the other, rather than concurrently. Consecutive Sentences: A sentencing arrangement in criminal justice where multiple prison terms for separate offenses are served one after the other, rather than concurrently. Each sentence begins after the previous one ends, resulting in a longer total period of incarceration.
- consensus perspective
-
A philosophical viewpoint asserting that society as a whole agrees to shared values and beliefs and the specific behaviors deemed as criminal are within the best interest of the group as those behavior conflicts with the prosperity of the entire society.
- Consent
-
Consent may be a defense to a crime if the victim has the capacity to consent and if the consent negates an element of the crime or thwarts the harm that the law seeks to prevent. (Thomson/West, 2000, p.133)
- Conservative Tendency
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The scope and study of traditional street crimes, excluding white-collar crimes. Individuals must take reasonable care and take personal responsibility to prevent, avoid, resist, and recover from victimization.
- Constitutional Law
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The body of law deriving from the U.S. Constitution and dealing primarily with governmental powers, civil rights, and civil liberties. (Thomson/West, 2000, p.136)
- contract system
-
A historical method of prison labor where private businesses contracted with prisons to use inmate labor for various forms of work within the confines of the prison. Under this system, businesses would provide raw materials and machinery to the prison, and inmates would manufacture goods or perform services in return. The prison administration would typically receive a fee from the contracting business, and in some cases, inmates might receive minimal compensation or sentence reductions. This system was prominent in the United States during the 19th and early 20th centuries and has been criticized for exploitative practices and poor working conditions for inmates.
- convict leasing system
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A historical practice in the U.S., primarily in the Southern states after the Civil War until the early 20th century, where prisoners were leased to private companies for labor. This system often involved harsh and exploitative conditions for the prisoners, who were typically African American men, and contributed to the perpetuation of forced labor akin to slavery in the post-Civil War era.
- conviction
-
The final judgement and formal declaration reached by a court, finding the defendant guilty of the criminal offense charges brought against them, typically following a trial or the defendant's admission of guilt through a plea bargain. This declaration results in a sentence or punishment being imposed on the convicted individual.
- convictions
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The final judgement and formal declaration reached by a court, finding the defendant guilty of the criminal offense charges brought against them, typically following a trial or the defendant's admission of guilt through a plea bargain. This declaration results in a sentence or punishment being imposed on the convicted individual.
- corporal punishment
-
The physical discipline or penalty inflicted upon an individual, typically as a form of punishment for wrongdoing or to instill discipline. This form of punishment involves physically chastising the individual, such as through whipping, caning, and flogging.
- correctional boot camps
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Programs within the criminal justice system designed as an alternative to traditional incarceration, emphasizing strict discipline, rigorous physical training, and military-style routines. Typically situated in remote, forested environments, these short-term, intensive programs target young adult offenders. Goals include instilling discipline, fostering personal responsibility, respect for authority, and reducing recidivism through structured, survival-based physical fitness regimens. However, criticism focuses on safety concerns, potential for abuse by staff, and limited long-term effectiveness in reducing criminal behavior.
- Corrections Corporation of America (CCA)
-
A private company specializing in the operation and management of correctional facilities, including prisons, jails, and detention centers, under contracts with governmental entities. CCA is one of the largest private prison corporations in the U.S. and has been a significant player in the privatization of corrections.
- corruption
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Dishonest or unethical behavior by individuals within the criminal justice system, including law enforcement officers, judges, and other officials, often involving bribery, abuse of power, or favoritism for personal gain.
- courtyard design
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A prison architectural layout characterized by a central open space surrounded by cell blocks or other prison facilities. In this design, the central courtyard serves as a hub for various activities and provides natural light and ventilation to surrounding areas. The arrangement is intended to promote security, surveillance, and efficient movement of inmates and staff within the prison facility.
- CPTED
-
Acronym for Crime Prevention Through Environmental Design. Speaks to environmental planning and design intended to create security and protection from criminal activity. .
- crime
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An act or omission of an act that violates laws enacted by a governing authority, punishable by the state through sanctions such as fines, imprisonment, or other penalties.
- crime contol
-
Strategies and policies aimed at efficiently preventing, detecting, and responding to criminal behavior within a society.
- crime control approach
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A philosophy of criminal justice that prioritizes the swift and efficient detection, prosecution, and punishment of offenders to maintain public order and deter criminal behavior. This approach emphasizes the use of aggressive law enforcement tactics, strict sentencing guidelines, and incarceration as primary tools for crime prevention and reduction.
- Crime Control Model
-
A criminal justice model by Herbert Packer that emphasizes the efficient and swift processing of criminal cases through the legal system, prioritizing the suppression and prevention of crime by maximizing law enforcement powers and minimizing procedural safeguards for defendants
- Crime Typologies
-
Categorizing many kinds of crimes into coherent, rational groups for ease of understanding, learning, and finding them for legal and criminological research.
- Crimes Against Persons
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A category of criminal offenses in which the perpetrator uses or threatens to use force. Examples include murder, rape, aggravated assault, and robbery. (Thomson/West, 2000, p.164)
- Crimes Against Property
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A category of criminal offenses in which the perpetrator seeks to derive an unlawful benefit from—or do damage to—another’s property without the use of force. Examples include burglary, theft, and arson (even though arson may result in injury or death). (Thomson/West, 2000, p.164)
- criminal forfeiture
-
A legal process through which property, assets, or monetary gains obtained through or used in connection with criminal activity are seized by law enforcement authorities. This judicial procedure is initiated after a criminal conviction, allowing the state to permanently confiscate such assets as part of the penalty for the committed offense. Criminal forfeiture aims to deter criminal behavior by depriving offenders of financial benefits derived from illegal activities, thereby serving both punitive and deterrent purposes within the criminal justice system.
- Criminal Justice
-
A multi-disciplinary, interrelated study of the disciplines of policing, criminal courts, correctional institutions, juvenile justice agencies, and the operations, decision-making and outcomes of each.
- criminal justice system
-
A societal framework comprising law enforcement agencies, courts, and correctional institutions tasked with maintaining public order, enforcing laws, adjudicating disputes, and administering penalties for criminal offenses, aiming to maintain public safety and ensure justice.
- Criminal Law
-
The body of law defining offenses against the community at large, regulating how suspects are investigated, charged and tried, and establishing punishments for convicted offenders. Criminal law consists of substantive criminal law and procedural criminal law. Also called Penal Law. (Thomson/West, 2000, p.170)
- criminogenic
-
A term used to describe factors, conditions, or environments that are likely to cause or contribute to criminal behavior. Criminogenic elements may include certain individual traits, such as impulsivity or antisocial attitudes, as well as social conditions like poverty, peer influence, or family dysfunction. Understanding criminogenic factors is essential in the field of criminal justice for developing effective prevention and intervention strategies.
- Criminology
-
An academic discipline that regards crime as a social phenomenon. It is an empirically-based, social-behavioral science investigating crime, criminals, and the criminal justice system.
- cross-examination
-
In criminal justice proceedings, cross-examination is the questioning of a witness by the opposing party's attorney or legal representative after that witness has been questioned by the attorney who called them to testify. The purpose of cross-examination is to challenge the credibility, reliability, or testimony of the witness, and to elicit information favorable to the cross-examiner's case. This process aims to test the witness's recollection, perception, and truthfulness, and to uncover inconsistencies or contradictions in their statements. Cross-examination plays a critical role in the adversarial system of justice by allowing each party to scrutinize the evidence presented by the other party and to present their own version of the facts to the court or jury.
- Cultural Deviance Theory
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Theories that consider crime as resulting from cultural values that permit,value, or even demand, behavior in violation of the law.
- custody personnel
-
Individuals employed within a correctional facility who are primarily responsible for maintaining security, order, and discipline among inmates. Their duties typically include conducting inmate counts, overseeing inmate movement within the facility, enforcing rules and regulations, conducting searches, and responding to incidents or emergencies within the facility.
- cybercrime
-
Any criminal activity that involves the use of computers, networks, or digital devices to unlawfully access, alter, or manipulate data; disrupt digital systems or services; commit fraud; or engage in other illicit activities, often with the intent to cause harm, steal information, or gain financial benefit. Examples include hacking, malware distribution, online fraud, identity theft, and denial-of-service attacks.
- dark figures
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Unreported or undetected criminal incidents that do not appear in official crime statistics. These incidents may include crimes that victims choose not to report to law enforcement agencies, as well as crimes that go unnoticed or unrecorded by authorities.
- day reporting centers
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Specialized facilities operated by community corrections agencies designed to supervise and rehabilitate offenders as an alternative to incarceration or probation. This intermediate sanction provides a center offering a range of services and structured activities including, counseling, educational programs, vocational training, drug testing, community service, and monitoring of compliance with court-ordered conditions. Offenders are typically required to attend these centers on a daily basis during specified hours or several times a week as part of their court-mandated supervision plan, aimed at reducing recidivism and promoting rehabilitation within the community.
- decriminalization
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The process of reducing the authorized enforcement or legal penalties associated with certain behaviors that were previously considered criminal offenses, often resulting in the ignoring of these once criminal behaviors or the treatment of these behaviors as regulatory or civil infractions rather than criminal acts.
- defendants
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Individuals who have been formally accused of committing a crime and are facing legal proceedings in a court of law to determine their guilt or innocence. They are presumed innocent until proven guilty and have the right to present a defense against the charges brought against them.
- Defense of Others
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A justification defense available if one harms or threatens another when defending a third person. (Thomson/West, 2000, p.191)
- Defense of Property
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A justification defense available if one harms or threatens another when defending one’s property. (Thomson/West, 2000, p.191)
- Defunding the Police
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The concepts around reallocating or redirecting funding away from police departments, toward other government agencies funded by the local municipality.(Ray, R., Brookings Institute, 2020)
- deinstitutionalization
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The process of discharging individuals with mental illness or developmental disabilities from long-term residential institutions, such as psychiatric hospitals or developmental centers, and transitioning them into community-based care settings. This approach aims to provide individuals with greater autonomy and opportunities for integration into society while reducing reliance on institutionalization as the primary form of treatment and support.
- Department of Justice
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A federal executive department in the U.S. responsible for ensuring justice and enforcing federal laws. It oversees various law enforcement agencies, including the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA), and provides legal advice and representation to the government. The DOJ is headed by the Attorney General, who is the chief law enforcement officer of the federal government.
- determinate sentencing
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A sentencing approach in criminal justice where the length of imprisonment for an offender is fixed by statute or sentencing guidelines, typically based on the severity of the offense and the offender's criminal history. This contrasts with indeterminate sentencing, where the release date is determined by a parole board and may vary based on the offender's behavior and rehabilitation efforts. Determinate sentencing aims to promote transparency, consistency, and predictability in punishment and facilitate objectives of punishment such as deterrence, retribution, and incapacitation.
- deterrence
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The use of punishment, threat, or fear of consequences to dissuade individuals or groups from engaging in certain behaviors or actions deemed undesirable or unlawful. The aim of deterrence is to prevent future occurrences of such behavior by instilling a sense of fear or apprehension about potential consequences.
- direct examination
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The phase of a trial during which an attorney questions their own witness in order to elicit testimony and evidence supporting their case. This process is aimed at presenting the facts and arguments favorable to the party calling the witness. The attorney conducting the direct examination seeks to establish the credibility of the witness and to present a clear narrative that supports the legal arguments of their client.
- Direct Victimization
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Considers the first and most immediate effect of crime victimization. Examples include a woman killed in a carjacking; an entire family killed in a home invasion; or a victim is raped.
- disaggregated data
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Information that has been broken down into smaller, more specific parts or categories. This breakdown allows for a more detailed analysis of the data, often revealing trends or patterns that may not be apparent when looking at the data in its aggregate form. Disaggregated data is useful for gaining insights into specific demographics, regions, or variables within a larger dataset.
- discretion
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The authority or freedom given to individuals within the criminal justice system to make decisions based on their judgment, expertise, and interpretation of laws and policies, often allowing for flexibility in handling cases and outcomes.
- discretionary release
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A decision-making process within the criminal justice system where an inmate becomes eligible for parole or early release from incarceration based on the discretion of parole boards or other authorized authorities. This release is contingent upon the evaluation of factors such as the inmate's behavior, rehabilitation progress, and perceived risk to society, aiming to balance public safety with the potential for successful reintegration into the community.
- discrimination
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The unjust or prejudicial treatment of individuals or groups based on certain characteristics such as race, gender, age, religion, or nationality. This treatment can manifest in various forms, including but not limited to unequal opportunities, harassment, exclusion, or violence, and may occur in different settings such as employment, education, housing, or public services. Discrimination violates principles of fairness, equality, and human rights, and is often illegal under anti-discrimination laws.
- Disorganized Crime Scene
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A crime scene suggesting unplanned, chaotic behavior, absent of evidence of organization. Part of the FBI's six-stage process used to profile, identify, and analyze investigations data and potential criminal perpetrators.
- diversion programs
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The authority granted to parole boards or other designated authorities to determine the release of incarcerated individuals before the completion of their sentence. This decision is not obligatory but contingent on evaluating factors such as the inmate's conduct, progress in rehabilitation, and the perceived risk to society. The objective is to balance public safety concerns and the potential for the inmate's successful reintegration into the community.
- DNA Databases
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Public or privately owned and administered databases of DNA profiles which can be used in the analysis of genetic diseases, genetic fingerprinting for criminology purposes, or genetic genealogy.
- DOJ
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A federal executive department in the U.S. responsible for ensuring justice and enforcing federal laws. It oversees various law enforcement agencies, including the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA), and provides legal advice and representation to the government. The DOJ is headed by the Attorney General, who is the chief law enforcement officer of the federal government.
- Double Jeopardy
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Found in the 5th Amendment of the U.S. Constitution, this provision prevents a criminal defendant from being tried twice for the same offense by the same jurisdiction.
- drug court
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A specialized court program designed to address the needs of non-violent offenders with substance use disorders. Drug courts employ a collaborative approach involving judges, prosecutors, defense attorneys, probation officers, and treatment professionals to provide intensive supervision, treatment services, and judicial oversight. The primary goals of drug courts include reducing substance abuse, decreasing criminal recidivism, and promoting rehabilitation through a combination of judicial monitoring and therapeutic interventions tailored to the individual participant's needs.
- Drug Enforcement Administration (DEA)
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A federal law enforcement agency within the U.S. Department of Justice tasked with enforcing the controlled substances laws and regulations of the U.S., aimed at combating the illegal drug trade and reducing the supply and distribution of illicit drugs.
- Due Process Clause
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The constitutional provision that prohibits the government from unfairly or arbitrarily depriving a person of life, liberty or property. There are two Due Process Clauses in the U.S. Constitution, one in the 5th Amendment applying to the federal government, and one in the 14th Amendment applying to the states. (Thomson/West, 2000, p.216-217)
- Due Process Model
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A criminal justice model by Herbert Packer that emphasizes protecting the rights of individuals accused of crimes, ensuring fair treatment, and adherence to established legal procedures throughout the investigation, arrest, trial, and sentencing processes.
- Duress
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The use of threatened use of unlawful force—usually that a reasonable person cannot resist—to compel someone to commit an unlawful act. Duress is a recognized defense. (Thomson/West, 2000, p.218-219)
- ecomonic crimes
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A range of illicit activities that involve deceit, fraud, or illegal manipulation of financial systems for personal or organizational gain. These crimes can include embezzlement, money laundering, insider trading, tax evasion, and various forms of corporate fraud. Economic crimes undermine the integrity of financial markets and can have significant social and economic consequences.
- Ego
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Part of the psyche that is seen as governing rational behavior. Ego is the moderator between the superego and the id.
- electronic monitoring
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A form of surveillance used in criminal justice systems to monitor the location and activities of individuals under supervision, typically through the use of ankle bracelets or similar devices equipped with GPS or radio frequency technology. This monitoring allows authorities to track the movements and compliance of offenders with court-ordered restrictions, such as curfews or area restrictions, enhancing supervision and public safety while providing an alternative to incarceration.
- Elements of Crime
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The constituent parts of a crime—usually consisting of the actus reus, mens rea, and causation—that the prosecution must prove to sustain a conviction. (Thomson/West, 2000, p.222)
- embezzlement
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The act of dishonestly appropriating or secretly taking money or property that has been entrusted to one's care, typically by an employer or organization. It involves the illegal conversion of assets for personal use, often through manipulation or exploitation of one's position of trust or authority. Embezzlement constitutes a breach of fiduciary duty and is considered a form of financial fraud.
- emotional Abuse
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A form of psychological maltreatment characterized by patterns of manipulation, coercion, and control that undermine an individual's sense of self-worth and emotional well-being. This abuse can take various forms, including verbal aggression, intimidation, humiliation, and isolation, and often occurs within personal relationships such as romantic partnerships, familial connections, or friendships. Emotional abuse can profoundly impact an individual's mental health and can be as damaging as physical abuse, yet it may be less visible and harder to recognize, making it crucial to understand its signs and effects.
- Enterprise crime
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Overarching umbrella of criminal activity which includes white-collar crimes, organized crimes, and state-sponsored crimes.These crimes are often committed without violence.
- Entrapment
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A law-enforcement officer’s or government agent’s inducement of a person to commit a crime, by means of fraud or undue persuasion, in attempt to later bring a criminal prosecution against that person. (Thomson/West, 2000, p.226)
- Equal Employment Opportunity Act of 1972
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Federal legislation enacted to prohibit employment discrimination based on race, color, religion, sex, or national origin, and to promote equality in the workplace, which also established the Equal Employment Opportunity Commission (EEOC) to enforce these provisions.
- Equal Protection Clause
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The 14th Amendment provision requiring the states to give similarly situated persons or classes similar treatment under the law. West, p.305. (2001).
- ethnicity
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Distinctive, distinguishing characteristics specific to a group of people who identify with one another based on perceived shared attributes such as common language, values, systems of belief, rituals, traidition, music, food, art, styles, a common ancestry, or same nations of origin.
- Ex Post Facto
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A statute that criminalizes an action and simultaneously provides for punishment of those who took the action before it had legally become a crime; specifically, a law that impermissibly applies retroactively, especially in a way that negatively affects a person’s rights, as by making into a crime an action that was legal when it was done or increasing the punishment for past conduct. West, p.325-326. (2001).
- Exclusionary Rule
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A rule that excludes or suppresses evidence obtained in violation of an accused person’s constitutional rights. (Thomson/West, 2000, p.249)
- exonerated
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To absolve (someone) from blame for a fault or wrongdoing, especially after due consideration of evidence or legal proceedings. In a legal context, exoneration typically refers to the formal declaration or process of clearing an individual of criminal charges or convictions, often due to new evidence establishing their innocence.
- experimental research
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A scientific method used to investigate cause-and-effect relationships between variables. In this type of research, researchers manipulate one or more independent variables to observe their effects on dependent variables, while controlling for extraneous variables. The goal is to establish a causal relationship between the variables under study.
- expiration release
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A term used in the context of criminal justice, referring to the automatic termination of an individual's sentence or period of supervision upon reaching a specified date or completion of the maximum allowable sentence, without the need for parole or further administrative action. This form of release typically applies to individuals who have served their full sentence as determined by law, and they are no longer under the jurisdiction of correctional authorities.
- expressive violence
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Acts of aggression or harm that are primarily driven by emotional impulses, rather than tangible goals such as acquisition or self-defense. This type of violence is often characterized by its overt display of emotion, such as anger, frustration, or rage, and may serve as a means for individuals to express and release intense feelings. Expressive violence can manifest in various forms, including physical altercations, verbal abuse, or destructive behavior, and is typically fueled by underlying psychological factors rather than rational motivations.
- extralegal factors
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Influences outside the boundaries of established laws and legal procedures that may affect decisions within the criminal justice system. These factors can include personal biases, socio-economic status, race, gender, public opinion, and political pressures. They can play a significant role in shaping outcomes such as sentencing, probation terms, and the overall treatment of individuals within the justice system, sometimes leading to disparities or inequities in the application of justice. Understanding and mitigating the impact of extralegal factors is crucial for promoting fairness and impartiality in criminal justice practices.
- FBI
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A federal law enforcement agency of the U.S. Department of Justice responsible for investigating and enforcing federal laws, conducting intelligence operations, and protecting the country from domestic and international threats.
- Federal Bureau of Investigation (FBI)
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A federal law enforcement agency of the U.S. Department of Justice responsible for investigating and enforcing federal laws, conducting intelligence operations, and protecting the country from domestic and international threats.
- federalism
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A system of government where power and authority is divided between the central authority of the federal government and the regional or state government. In the context of criminal justice, federalism entails the distribution of law enforcement and legal authority between the national government and state governments, allowing for a degree of autonomy and independent decision-making at both levels. In other words, under federalism, certain powers and responsibilities related to law enforcement, criminal prosecution, and the administration of justice are allocated to the federal government, while others are reserved for the individual states. This division of power helps maintain a balance between national unity and state autonomy, allowing for the coexistence of federal laws and regulations alongside state-specific laws and policies within the criminal justice system.
- Felony
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A serious crime usually punishable by imprisonment for more than one year or by death. Examples include murder, rape, arson and burglary. (Thomson/West, 2000, p.269)
- Felony-Murder Rule
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The doctrine holding that any death resulting from the commission or attempted commission of a felony is murder. Most states restrict this rule to inherently dangerous felonies such as rape, arson, robbery and burglary. (Thomson/West, 2000, p.270)
- fines
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Monetary penalties imposed by a court as a punishment for a criminal offense or violation. Fines are typically determined based on the severity of the offense and may serve as a deterrent against future misconduct. In the criminal justice context, fines are a form of punitive sanction that aims to hold offenders accountable for their actions and contribute to the administration of justice.
- forfeitures
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The legal process through which the government seizes assets or property that have been determined to be connected to illegal activity, typically in cases involving drug trafficking, organized crime, or financial fraud. Forfeiture is often pursued as a punitive measure or deterrent against criminal behavior, aiming to disrupt illicit enterprises and remove the financial gains derived from illegal activities. This process is governed by specific legal procedures and safeguards to protect the rights of individuals whose assets are subject to forfeiture.
- formal sanctions
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An officially authorized penalty or consequence imposed by the legal system or governing authority in response to a violation of established rules, laws, or regulations.
- forteiture
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The legal process through which the government seizes assets or property that have been determined to be connected to illegal activity, typically in cases involving drug trafficking, organized crime, or financial fraud. Forfeiture is often pursued as a punitive measure or deterrent against criminal behavior, aiming to disrupt illicit enterprises and remove the financial gains derived from illegal activities. This process is governed by specific legal procedures and safeguards to protect the rights of individuals whose assets are subject to forfeiture.
- fraud
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The deliberate deception or misrepresentation made by an individual or entity with the intent to gain an unfair advantage, typically resulting in financial or personal gain at the expense of another party. Fraud can manifest in various forms, including but not limited to false statements, concealment of facts, or manipulation of information, and is often considered a criminal offense punishable by law.
- front end net-widening
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The unintended consequence in criminal justice systems where the expansion or intensification of early stages (such as police discretion, arrest, or charging decisions) or the expansion of alternative sentencing options or diversion programs leads to an increased number of individuals entering the system. This occurs when individuals who would not typically be subject to formal processing within the criminal justice system are instead referred to or processed through these programs, potentially widening the net of system involvement at its initial stage rather than diverting or reducing overall participation into formal criminal justice processes.
- Functional Theory
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A perspective on crime popularized by Emile Durkheim, suggesting that crime is inevitable, in fact necessary, as a component of a functioning society.
- gender bias
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The tendency to favor or discriminate against individuals based on their gender, or the systematic preference or prejudice toward one gender over another, influencing perceptions, decisions, and behaviors in social, cultural, and institutional contexts that leads leading to unequal treatment, opportunities, or perceptions, often observed in social structures, institutions, and interactions.
- gender identity
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An individual's personal held sense of their own gender, which may or may not align with the sex they were assigned at birth. It encompasses a spectrum beyond traditional binary notions of male and female, including identities such as transgender, non-binary, genderqueer, and more. Gender identity is an integral aspect of an individual's self-conception and may influence how they express themselves and interact with society.
- General Deterrence
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Refers to the prevention of crime by instilling fear in the general public through the perception of the presence of officers, and creating a fear in the general public that offenders of the law will be punished. General deterrence is a sentencing objective.
- geographical jurisdiction
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The territorial boundaries within which a particular court or law enforcement agency has authority to exercise legal powers and enforce laws. This specific geographic area is within which a court or law enforcement agency has the authority to enforce laws, issues arrests, make decisions, conduct investigations, and adjudicate cases typically determined by legal boundaries such as city limits, county lines, state borders, or federal territories.
- Glossary Term
-
Please look for related terms in the Glossary
- good time
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A policy or practice whereby inmates can earn reductions in their sentence through demonstrated compliance with institutional rules and participation in rehabilitative programs. These reductions typically take the form of credits that allow for an earlier release from incarceration. Good time serves as a mechanism to incentivize positive behavior and active engagement in correctional programs, promoting both institutional order and prisoner rehabilitation.
- grand jury
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A group of citizens convened by a court to determine whether there is sufficient evidence to indict (formally charge) an individual with a crime.
- gratuities
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Within the criminal justice context, the unofficial and informal bestowal of services or gifts (free meal, services, or other favors) given to individuals within the criminal justice system, such as law enforcement officers, court personnel, or other criminal justice officials, as an expression of appreciation or in exchange for preferential treatment.
- Great Recession
-
A severe worldwide economic downturn that began in late 2007 and lasted until around 2009, marked by a significant decline in economic activity, high unemployment rates, and widespread financial instability. The Great Recession had profound effects on various aspects of society, including increased crime rates, strains on criminal justice systems, and challenges in addressing the needs of vulnerable populations.
- gubernatorial appointment
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The formal selection and assignment of an individual to serve as the governor of a state. This appointment is typically made through various legal and constitutional processes, such as nomination by a political party, appointment by the state's executive authority, or election by the citizens of the state, which may vary depending on the specific laws and regulations of the state in question. As the highest-ranking executive official in the state government, the governor hold significant executive authority and is responsible for managing state agencies, overseeing the implementation of laws and policies, and representing the state's interests both domestically and internationally. Gubernatorial appointment is a crucial aspect of state governance and can significantly impact the direction and policies of the state.
- guilty
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A legal verdict indicating that a defendant has admitted to or been found responsible for committing a crime or offense, beyond a reasonable doubt, according to the laws of the jurisdiction.
- harassment
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Unwelcome or offensive behavior that creates an intimidating, hostile, or abusive environment for an individual or group. This can include but is not limited to verbal, physical, or electronic actions that target a person based on their race, gender, sexual orientation, religion, disability, or other protected characteristics. Harassment creates a hostile environment and can have serious emotional and psychological impacts on its victims, often interfering with their ability to work, study, or participate in normal activities, and it is often prohibited by law and institutional policies.
- hate crimes
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Criminal acts, such as assault, vandalism, or harassment, that are motivated by bias or prejudice against a particular group of people based on characteristics such as race, religion, ethnicity, sexual orientation, gender identity, or disability. These crimes not only target individuals but also aim to intimidate and terrorize entire communities, perpetuating discrimination and inequality. Hate crimes are considered particularly egregious because they not only harm the immediate victim but also undermine societal values of equality and respect for diversity.
- hierarchical jurisdiction
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A legal principle that establishes a system of courts organized in a hierarchical structure based on the level of authority and the types of cases in which they hold jurisdiction, wherein lower courts are bound to follow the decisions of higher courts within the same jurisdiction. This system ensures consistency in the interpretation and application of law within a particular jurisdiction, with higher courts having the authority to review and overturn decisions made by lower courts. More specifically, higher-level courts have appellate jurisdiction, meaning they review decisions made by lower-level courts, while lower-level courts primarily handle initial trials and preliminary hearings. The hierarchical structure ensures uniformity in legal interpretation and facilitates the efficient administration of justice within a legal jurisdiction.
- Hierarchy Rule
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A principle used in the Uniform Crime Reports (UCR) system to ensure that only the most serious offense is counted when multiple offenses occur in a single criminal incident. According to this rule, when more than one crime is committed during a single event, only the most serious offense is reported to avoid double counting and to maintain consistency in crime statistics. This rule was enacted to help standardize crime data collection and reporting across different law enforcement agencies and jurisdictions. However, their exists disagreement regarding the rule's determination and rankings of crimes by their severity. Furthermore, it fails to provide comprehensive accounts of criminal activity where more than one crime transpires during a singular event, which is problematic for acquiring complete understandings of criminal activity.
- home confinement
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Also known as house arrest, refers to a court-ordered program that restricts an individual's movements to their residence, typically allowing them to leave only for approved activities such as work, medical appointments, or other essential purposes. It is used as an alternative to incarceration, providing supervision and monitoring through electronic monitoring devices or regular check-ins with authorities. This sanction aims to enforce compliance with legal requirements while allowing individuals to maintain some level of community and family engagement.
- homicide
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The unlawful killing of one human being by another, whether intentional, unintentional, or as a result of criminal negligence. This legal term may be classified into categories such as murder, manslaughter, and justifiable homicide, each carrying different legal consequences based on the circumstances surrounding the act. Specifically, homicide encompasses various degrees of severity based on intent, ranging from murder, which involves deliberate and premeditated acts, to manslaughter, which typically involves unintended deaths resulting from negligence or reckless behavior resulting in death.
- hot spots
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Specific geographic locations or areas characterized by concentrated occurrences of criminal activity or incidents, which are disproportionately prevalent compared to surrounding areas, often targeted for focused law enforcement interventions or crime prevention strategies.
- hue and cry
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A traditional legal concept referring to the public outcry or pursuit of a criminal suspect by members of the community, typically initiated by the victim or witnesses of the crime to alert others and enlist their assistance in apprehending the perpetrator, aiming at ensuring swift justice
- id
-
The part of one's personality that contains powerful urges and motivation for seeking gratification and satisfaction.
- Immigration and Customs Enforcement
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A federal agency within the Department of Homeland Security responsible for enforcing immigration laws and overseeing border control, customs, and immigration detention facilities. ICE's duties include investigating immigration violations, detaining and deporting unauthorized immigrants, combating human trafficking and smuggling, and enforcing customs laws to prevent the illegal entry of goods into the U.S..
- impartial jury
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A group of individuals selected to hear a criminal trial and render a verdict based solely on the evidence presented in court and the instructions of the presiding judge, free from bias or prejudice toward either the prosecution or the defense. An impartial jury is composed of individuals who have not been influenced by outside factors and can fairly evaluate the case based on the law and the facts presented during the trial. The concept of an impartial jury is fundamental to ensuring fair and just trials in the criminal justice system.
- impeachment
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The process by which a government official, typically high-ranking such as a president or judge, is formally charged with unlawful activity, misconduct, or wrongdoing. Impeachment can lead to the removal of the individual from office. The specific procedures for impeachment vary depending on the legal and political systems of different countries.
- Implicit Bias
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The tendency to favor or discriminate against individuals based on their gender, or the systematic preference or prejudice toward one gender over another, influencing perceptions, decisions, and behaviors in social, cultural, and institutional contexts that leads leading to unequal treatment, opportunities, or perceptions, often observed in social structures, institutions, and interactions.
- incapacitation
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A principle of punishment within the criminal justice system aimed at preventing offenders from committing further crimes by physically separating them from society, typically through imprisonment or confinement. This approach seeks to reduce crime by restricting the individual's ability to engage in criminal behavior during the period of incapacitation.
- incarceration
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The act of confining individuals in a jail, prison, or correctional facility as punishment for committing a crime. It involves the physical restriction of a person's freedom, typically for a specified period, as determined by a legal authority such as a court.
- Inchoate Offenses
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A step toward the commission of another crime, the step in itself being serious enough to merit punishment. The three inchoate offenses are attempt, conspiracy and solicitation. (Thomson/West, 2000, p.482)
- indeterminate sentencing
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A sentencing model in criminal justice where the length of incarceration is not fixed, but rather falls within a range determined by specified by legal statute or guidelines. The actual time served is determined by a parole board or similar authority based on the offender's behavior, rehabilitation progress, and other factors. This system allows for flexibility in tailoring the punishment to the individual circumstances of the case and the offender's potential for reintegration.
- Indian Reorganization Act
-
A U.S. federal law passed in 1934 aimed at decreasing federal control of American Indian affairs and increasing Indian self-governance. Also known as the Wheeler-Howard Act, it sought to reverse the assimilation policies imposed by the Dawes Act of 1887, restore tribal land management, and promote economic development on reservations. The Indian Reorganization Act encouraged tribes to adopt constitutions and establish self-government, leading to the creation of tribal councils and greater autonomy for Native American communities.
- Indian Self-Determination and Education Assistance Act
-
A landmark United States federal law enacted in 1975, which allows Native American tribes to have greater control over their own affairs. It enables tribes to administer and manage programs and services previously controlled by federal agencies, such as education, healthcare, and housing. The Act empowers tribes by providing them with funding and the authority to contract or compact these programs, thereby promoting self-governance and enhancing their ability to develop and implement policies that best serve their communities.
- indigent defendant
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A term in criminal justice referring to a defendant who is unable to afford legal representation or other court-related expenses due to lack of financial means and may be eligible for court-appointed attorneys or public defenders to ensure they receive fair representation in accordance with their constitutional rights.
- Indirect Victimization
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Considers the secondary level of the impact of victimization. Examples include the family of a child who has been sexually assaulted; witnesses to horrific crimes of violence; and the entire nation after the terrorist attacks of 9/11/2001.
- individual justice
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The fair treatment of each person within the legal system, ensuring that their rights are respected, and their case is handled impartially and equitably.
- individual rights
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The fundamental liberties and privileges afforded to every person within a society, typically guaranteed by law, constitution, or social convention. In the U.S.A, these rights include but are not limited to freedoms of expression, religion, assembly, and due process under the law.
- Individuals with Disabilities Education Act (IDEA) of 1975
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A federal law that mandates special education and related services for children with disabilities, ensuring that students with disabilities have access and opportunity to receive a free appropriate public education (FAPE) tailored to their individual needs.
- inequality
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A condition characterized by disparities or disproportionate distribution of resources, opportunities, treatment, or rights among individuals or groups, often based on factors such as socioeconomic status, race, gender, or other forms of identity, typically resulting in unequal social, economic, or political outcomes.
- informal control
-
Unofficial and often implicit social mechanisms and norms within a community, group, or society that influence individual behavior and conformity to accepted standards and expectations, such as norms, values, and peer pressure, without involvement of formal laws and institutions.
- informal sanctions
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Unofficial penalties or consequences imposed by social groups, communities, or individuals in response to behaviors that violate social norms or expectations, often without involvement from formal legal or institutional authorities.
- Infraction
-
A violation, usually of a rule or local ordinance and usually not punishable by incarceration. (Thomson/West, 2000, p.343)
- infractions
-
Minor offenses that are typically punishable by fines rather than imprisonment. These offenses are considered less serious than misdemeanors and felonies and often include violations such as traffic violations, littering, or certain types of ordinance violations. Infractions are generally not punishable by incarceration but may involve civil penalties or community service as consequences.
- insider trading
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The buying or selling of a company's stock by someone who has access to non-public, material information about that company. This practice is illegal and unethical because it gives the insider an unfair advantage over other investors who do not have access to such information. Insider trading undermines the integrity of financial markets and can result in severe penalties for those involved, including fines and imprisonment.
- Institutional Bias
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Bias, practices, scripts, or procedures that work to systematically give advantage to certain groups or agendas over others.
- instrumental violence
-
Violence committed with a clear purpose or goal in mind, often used as a means to achieve a specific objective such as power, control, or financial gain. Unlike reactive violence which is impulsive or emotional, instrumental violence is typically premeditated and calculated.
- intensive supervision
-
A form of community supervision characterized by rigorous monitoring and frequent contact between probation or parole officers and offenders. Intensive supervision typically involves stricter conditions than regular probation or parole, including frequent drug testing, curfews, and more frequent office visits. It aims to increase offender accountability and reduce the likelihood of re-offending by providing closer supervision and support. Intensive supervision programs often target higher-risk offenders who require closer monitoring and intervention to ensure compliance with court-ordered conditions and promote successful reintegration into the community.
- intensive supervision probation and/or parole
-
A specialized form of community supervision for individuals convicted of crimes, typically those deemed to be at moderate to high risk of reoffending. ISPP involves frequent and rigorous monitoring by probation or parole officers, often including daily or weekly check-ins, mandatory attendance at treatment programs or counseling sessions, electronic monitoring, and strict adherence to curfews and travel restrictions. The goal of ISPP is to enhance public safety by closely supervising offenders while offering rehabilitative services aimed at reducing the likelihood of future criminal behavior.
- interlocutory appeal
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An appeal made by one party to a higher court during ongoing litigation, before the final judgment or order has been issued by the trial court, seeking review of a decision made by a lower court. Interlocutory appeals typically involve challenging rulings regarding procedural or evidentiary matters that may significantly affect the outcome of the case or have a substantial impact on the rights of the parties involved, which occurs during the course of a trial, rather than waiting until the trial's conclusion. These appeals are granted at the discretion of the appellate court and are generally limited to matters of law and procedure rather than factual disputes.
- intermediate sanctions
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A range of punishment options for offenders that fall between fines and incarceration. These sanctions aim to provide graduated levels of supervision and control over offenders while allowing them to remain in the community. Intermediate sanctions typically include programs such as intensive probation supervision, electronic monitoring, residential programs, community service, and day reporting centers. These measures are designed to address the varying levels of risk and need presented by offenders, offering alternatives to incarceration that emphasize rehabilitation and community safety.
- intersexual
-
Referring to individuals who possess physical characteristics or attributes that are not exclusively male or female, often involving variations in reproductive anatomy, hormones, or chromosomal patterns. Intersexuality is a natural variation of human biology and may present a spectrum of physical traits that do not align strictly with conventional definitions of male or female.
- interstate commerce
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The buying, selling, transportation, or exchange of goods, services, money, or information across state lines within a country's jurisdiction, subject to federal regulation.
- ISPP
-
A specialized form of community supervision for individuals convicted of crimes, typically those deemed to be at moderate to high risk of reoffending. ISPP involves frequent and rigorous monitoring by probation or parole officers, often including daily or weekly check-ins, mandatory attendance at treatment programs or counseling sessions, electronic monitoring, and strict adherence to curfews and travel restrictions. The goal of ISPP is to enhance public safety by closely supervising offenders while offering rehabilitative services aimed at reducing the likelihood of future criminal behavior.
- jail
-
A correctional facility typically operated by local authorities, used for the temporary detention of individuals who are awaiting trial or sentencing, serving short-term sentences (usually less than one year), or awaiting transfer to a long-term correctional facility (such as a prison). Jails are often used for individuals who have been arrested for misdemeanors or low-level offenses and are awaiting court proceedings. They may also house individuals who are unable to post bail or who are deemed a flight risk.
- John Augustus
-
John Augustus (1785–1859) was a Bostonian cobbler and philanthropist recognized as the pioneer of probation in the United States. In 1841, Augustus initiated the practice of probation by advocating for the release of an offender into his custody rather than imprisonment, thereby allowing the individual to rehabilitate under his supervision. His pioneering work laid the foundation for the development of probation as a formalized alternative to incarceration, influencing modern criminal justice practices across the globe.
- judicial discretion
-
The authority granted to judges within the legal system to make decisions based on their own judgment and interpretation of the law, allowing them to consider individual circumstances and exercise flexibility in sentencing, rulings, and other legal matters within the bounds of legal principles and precedents. This discretion allows judges to tailor their rulings to the specific facts and context presented before them, ensuring fairness and justice in the administration of the law.
- Jurisdiction
-
A government’s general power to exercise authority over all persons and things within its territory. A court’s power to decide a case or issue a decree. A geographic area within which political or judicial authority may be exercised. (Thomson/West, 2000, p.377)
- jurisprudence
-
The study and philosophy of law, encompassing the principles, theories, and systems that underpin legal reasoning, interpretation, and application. It examines how legal norms are created, interpreted, and enforced within societies, considering historical, cultural, and philosophical perspectives to understand the nature and development of legal systems.
- jury deadlock
-
A situation in a criminal trial where the members of the jury are divided in their opinions and unable to reach a unanimous verdict or majority decision regarding the guilt or innocence of a defendant, resulting in hung jury and potentially leading to a mistrial.
- jury panel
-
A group of potential jurors summoned to appear for jury duty in a court of law. From this jury pool, jurors are selected to serve on a particular case through a process called voir dire, where attorneys and the judge question potential jurors to ensure impartiality and suitability for the case at hand.
- jury pool
-
A group of individuals randomly selected from the community's population, often through voter registration or driver's license databases, to potentially serve as jurors in a trial. Members of the jury pool are summoned to appear for jury duty. When they arrive to the court venue, they become the jury panel and a selection process called voir dire will commence, where attorneys and the judge ask questions to determine their suitability to serve on a particular trial.
- just deserts
-
a concept in criminal justice that refers to the idea that individuals should receive punishments proportional to the severity of their crimes. It emphasizes the principle of retribution, where offenders are punished as a form of moral retribution for their wrongdoing, rather than focusing on rehabilitation or deterrence. The term "deserts" comes from the word "deserve," indicating that individuals deserve punishment commensurate with their actions. This principle suggests that punishment should be based on the moral culpability of the offender and the harm caused by their actions, aiming to achieve a sense of fairness and justice in the administration of criminal sanctions.
- justice
-
The principle of fairness and impartiality in the administration of laws and regulations, ensuring that individuals receive what is rightfully due to them in accordance with legal and moral standards.
- juvenile
-
In the context of criminal justice, a juvenile refers to a person who is under the age of majority, typically under 18 years old, and who is involved in legal proceedings primarily governed by juvenile court systems. Juvenile justice systems aim to provide rehabilitative measures rather than punitive ones for young offenders, recognizing their developmental stage and potential for rehabilitation.
- keystone cops
-
A term used to describe incompetent police officers, and also sometimes used colloquially to describe real-life situations involving perceived ineptitude or disorganization within law enforcement; originating from a series of silent film comedies produced by Keystone Studios in the early 20th century characterized by slapstick humor, featuring exaggeratedly incompetent, bumbling police officials in chaotic situations.
- Labeling
-
Assigning someone or something to a category, especially inaccurately or restrictively.
- larceny
-
The unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of that property. Larceny typically involves the absence of force or threat against the victim, distinguishing it from robbery.
- Law Enforcement Assistance Administration
-
A federal U.S. agency established in 1968 to provide financial and technical assistance to state and local law enforcement agencies, aiming to enhance their capabilities, training, infrastructure, and criminal justice initiatives.
- LEAA
-
A federal U.S. agency established in 1968 to provide financial and technical assistance to state and local law enforcement agencies, aiming to enhance their capabilities, training, infrastructure, and criminal justice initiatives.
- Lesser Included Offense
-
Circumstances where all of the elements of one crime are also included in a different crime. For example, the crime of trespass is an LIO of burglary.
- Lex talionis
-
Latin for "An eye for an eye." This is one possible component of the retributive justice model.
- Liberal Tendency
-
This ideology transcends street crimes and includes white-collar crimes. In this view, governments should be more supportive of the needs of crime victims, and provide a safety net of services.
- local prosecutors
-
Government officials responsible for representing the state or jurisdiction in criminal cases within a specific locality, such as a county or district. Local prosecutors, also known as district attorneys or state's attorneys, are tasked with investigating alleged crimes, determining whether charges should be filed, presenting evidence in court, and pursuing convictions against defendants accused of criminal offenses within their jurisdiction. They play a key role in the criminal justice system by advocating for victims, ensuring defendants receive fair trials, and seeking justice in accordance with the law.
- loitering
-
Loitering refers to lingering or staying in a public place without an apparent purpose or business, often seen as aimless or idle behavior. It may involve remaining in a particular location for an extended period, often leading to concerns about public safety or disruption. Laws and regulations governing loitering can vary depending on jurisdiction, with some places implementing restrictions to maintain order and prevent potential criminal activity.
- longitudinal analysis
-
A research method used to study changes in variables over time within the same individuals or groups. It involves collecting data at multiple points in time to track patterns, trends, and relationships. This approach allows researchers to observe how variables evolve, providing insights into developmental processes, trends, and causal relationships.
- Mafia
-
A term commonly used to refer to organized crime groups, particularly those originating in Italy and Sicily. Characterized by hierarchical structures, clandestine operations, and a focus on illegal activities such as extortion, gambling, drug trafficking, racketeering, and murder. Members typically adhere to a "omertà," a code of silence, and engage in activities to protect their interests and maintain control over specific territories or industries. The term has evolved to encompass similar criminal organizations worldwide.
- Mala in Se
-
A crime or an act that is inherently evil or immoral, such as murder, arson, or rape. (Thomson/West, 2000, p.427)
- Mala Prohibitum
-
Latin for “prohibited evil.” An act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral. Misdemeanors such as jaywalking and running a stoplight are male prohibita, as are many regulatory violations. (Thomson/West, 2000, p.427)
- mandatory minimum sentencing
-
A legal practice in criminal justice systems where statutes require judges to impose a predetermined minimum sentence of punishment or period of incarceration for certain criminal offenses, irrespective of mitigating factors, individual circumstances, or judicial discretion. Predetermined sentences are typically established by legislative bodies and fixed by law, often involving lengthy terms of imprisonment, aiming to ensure consistency and severity in punishment for specific crimes. While advocates argue that mandatory minimums deter crime and promote uniformity in sentencing, this approach is highly criticized for its inflexibility, limited judicial discretion, and potential for disproportionately affecting certain demographics, and undermine the rehabilitation potential of the justice system.
- mandatory release
-
In the criminal justice context, mandatory release refers to the statutory requirement for the release of incarcerated individuals after they have served their full sentence, minus any accrued good time or earned release time. This release is mandated by law and typically occurs without discretionary intervention from parole boards or other authorities. Mandatory release aims to balance punitive measures with considerations of public safety and rehabilitation, often under specific conditions such as supervision or community-based programs.
- Mapp v. Ohio
-
A landmark U.S. Supreme Court case establishing the exclusionary rule, which prohibits the use of evidence obtained through illegal searches and seizures in state criminal proceedings, thereby applying the Fourth Amendment's protections against unreasonable searches and seizures to state courts.
- mark system
-
A historical penal practice in which prisoners could earn marks or credits for good behavior, which could be exchanged for privileges, early release, or reduced sentences. This system was aimed at incentivizing positive conduct and rehabilitation within correctional institutions.
- mass incarceration
-
A term referring to the significant increase in the number of individuals imprisoned in the U.S. beginning in the 1970s. It encompasses both the sharp rise in incarceration rates and the disproportionate impact on certain demographic groups, such as racial minorities and those from low-income communities. Mass incarceration is often attributed to various factors, including changes in sentencing laws, the war on drugs, mandatory minimum sentences, and the growth of the prison-industrial complex. Critics argue that it has led to social, economic, and racial disparities within the criminal justice system and broader society.
- mass murder
-
The intentional killing of multiple individuals by a single perpetrator or group within a relatively short period and in a single location. This term typically denotes acts of violence that result in the death of four or more people, excluding the perpetrator(s). These tragic events often garner significant media attention and prompt societal discussions about motives, mental health, and prevention strategies.
- maximum-security prisons
-
Correctional facilities designed and operated to house and manage inmates deemed to pose the highest level of security risk to themselves, other inmates, staff, and the public. These facilities typically employ extensive security measures, including high walls, electronic surveillance, armed guards, and restricted inmate movement, to prevent escapes and maintain control over potentially dangerous individuals. Inmates in maximum-security prisons often have limited privileges and restricted access to programs and services due to the stringent security protocols in place.
- medical model
-
A perspective within the criminal justice system that emphasizes treating criminal behavior as a manifestation of underlying medical or psychological conditions, focusing on rehabilitation and treatment rather than punishment alone.
- medium-security prisons
-
Correctional facilities designed to house inmates who are considered to pose a moderate level of risk to themselves or others and who require a higher level of security than minimum-security facilities but less than maximum-security facilities. These prisons typically have more restrictive measures and surveillance than minimum-security facilities but offer more freedom and privileges compared to maximum-security prisons. Inmates in medium-security prisons often have access to educational and vocational programs aimed at rehabilitation and preparing them for reintegration into society.
- Mens Rea
-
The state of mind that the prosecution, to secure a conviction, must prove that a defendant had when committing a crime. Mens rea is the second of two essential elements of every crime at common law, the other being actus reus. (Thomson/West, 2000, p.435-436)
- minimum-security prisons
-
Also known as "low-security prisons," are correctional facilities designed to house inmates who pose a lower risk to public safety and are considered less likely to attempt escape. These facilities typically have fewer security measures in place compared to medium or maximum-security prisons. Inmates in minimum-security prisons may have more freedom of movement within the facility, access to outdoor recreation areas, and opportunities for work or educational programs. However, they still have limited contact with the outside world and are subject to strict supervision by correctional staff.
- minorities
-
A term referring to a group of people who are in a numerical minority within a larger population, often characterized by certain shared characteristics such as race, ethnicity, religion, or socioeconomic status.
- minority group
-
A demographic group that is numerically smaller or holds less power within a society compared to the dominant or majority group. Characteristics such as race, ethnicity, religion, gender, sexual orientation, or socioeconomic status can contribute to minority group status. Minority groups often face social, economic, and political disadvantages due to systemic inequalities and discrimination.
- Miranda v. Arizona
-
The landmark Supreme Court case that held that individuals facing custodial interrogation by government agents must be informed of, and affirmatively waive, their various Constitutional rights under the 5th and 6th amendments, including the right to remain silent and the right to an attorney, before being interrogated by police. Absent such an advisement and waiver, any statements given are not admissible in the government’s case-in-chief.
- Misdemeanor
-
A crime that is less serious than a felony and usually punishable by fine, penalty, forfeiture, or confinement (usually for a brief time) in a place other than prison (such as a county jail). (Thomson/West, 2000, p.443)
- Missouri Plan
-
Also known as the merit selection system, is a method for selecting judges that aims to reduce the influence of partisan politics used in the U.S., particularly in state court systems. Under this system, a judicial nominating commission composed of lawyers, judges, and citizens screens and nominates candidates based on their qualifications and merit. These nominees are then presented to the governor, who appoints one of the nominees to fill a judicial vacancy. After a specified term, typically a few years, judges face a retention election where voters decide whether to retain or remove them from office. This plan is utilized in several states across the U.S., seeking to maintain judicial independence and impartiality in the selection and retention of judges within the criminal justice system. The Missouri Plan aims to balance judicial independence and accountability while ensuring that qualified and impartial judges are appointed to the bench.
- Mistake of Fact
-
The defense asserting that a criminal defendant acted from an innocent misunderstanding of fact rather than from a criminal purpose. E.g., a defendant will not be legally excused from the crime of attempted bank robbery simply because the defendant discovered the bank was closed for a holiday.(Thomson/West, 2000, p.445)
- Mistake of Law
-
“Ignorance of the law is no excuse.” The defense asserting that a defendant did not understand the criminal consequences of certain conduct. This defense is generally not as effective as a mistake of fact. E.g., a defendant will not be legally excused from the crime of running a red light because the defendant believe that the red light meant “Go.” (Thomson/West, 2000, p.445-446)
- mitigating circumstances
-
Factors or conditions that, while not justifying or excusing a criminal offense, are considered to lessen the moral or legal culpability of the perpetrator and, therefore, are taken into account by the court during the sentencing hearing. These circumstances may include but are not limited to the defendant's lack of criminal history, age, mental illness, cooperation with authorities, remorse, or the presence of external pressures, such as coercion, provocation, or duress, or other situations that may have influenced the offender’s actions at the time of the offense. Mitigating circumstances typically lead to a more lenient judgement, reduced sentence, or reduction in the severity of punishment administered by the court and are taken into account to achieve a fair and proportionate response to criminal behavior within the criminal justice system.
- money laundering
-
The illegal process of concealing the origins of money obtained through criminal activities, such as drug trafficking, corruption, or fraud. It involves disguising the proceeds of illicit activities by transforming them into legitimate assets or transactions. The purpose of money laundering is to make illegal gains appear legal and to integrate them into the financial system without arousing suspicion.
- Monitoring the Future
-
A long-term research project conducted by the University of Michigan, aiming to track trends and behaviors among American youth. It examines attitudes, beliefs, and behaviors related to drug use, alcohol consumption, and other social issues through surveys conducted regularly among high school students and young adults.
- MRAP
-
Acronym for a Mine-Resistant Ambush Protected military light tactical vehicles, specifically armored and designed to withstand improvised explosive device attacks and ambushes. Surplus models have been acquired by some police agencies.
- MTF
-
A long-term research project conducted by the University of Michigan, aiming to track trends and behaviors among American youth. It examines attitudes, beliefs, and behaviors related to drug use, alcohol consumption, and other social issues through surveys conducted regularly among high school students and young adults.
- multiple murders
-
The criminal act of intentionally causing the death of two or more individuals by a single perpetrator or group of perpetrators within a specific time frame and location. This term encompasses various forms of homicide, including serial murders, mass murders, and spree killings.
- murder spree
-
See spree murder.
- National Crime Victimization Survey
-
A recurring survey conducted by the Bureau of Justice Statistics in the U.S., aiming to measure the frequency and nature of criminal victimization experienced by individuals and households across the nation. The survey collects data on various types of crime, including but not limited to, violent crimes (such as assault and robbery) and property crimes (such as burglary and theft), providing valuable insights into crime trends and victim demographics.
- National Guard
-
A U.S. reserve military force, typically organized on a state-by-state basis, comprised of citizen soldiers, often under the dual control of the federal and state governments, that can be activated by the state governor or the federal government to provide mobilized support primarily for domestic emergencies, disaster relief response, and law enforcement civil support missions, but may also be deployed for overseas combat operations under federal authority.
- National Incident-Based Reporting System
-
A comprehensive system used by law enforcement agencies in the U.S. for reporting and collecting data on crimes. Unlike the traditional Uniform Crime Reporting (UCR) system, NIBRS provides detailed information about each incident, including data on victims, offenders, and other pertinent details, allowing for a more nuanced understanding of criminal activity trends and patterns.
- National Incident-Based Reporting System (NIBRS)
-
A comprehensive and standardized crime reporting system used by U.S. law enforcement agencies that collects and reports detailed data on criminal incidents, including information about victims, offenders, and circumstances surrounding the crime, providing detailed and accurate crime statistics to law enforcement agencies and policymakers and allowing for a more comprehensive understanding of criminal activity compared to traditional Uniform Crime Reporting (UCR) systems.
- National Youth Gang Survey
-
A comprehensive research project conducted by the U.S. Department of Justice that aims to collect data on the presence, characteristics, and behavior of youth gangs across the U.S. This survey provides valuable insights into gang activity, helping policymakers, law enforcement agencies, and communities develop strategies to address and prevent gang-related issues.
- NCVS
-
A recurring survey conducted by the Bureau of Justice Statistics in the U.S., aiming to measure the frequency and nature of criminal victimization experienced by individuals and households across the nation. The survey collects data on various types of crime, including but not limited to, violent crimes (such as assault and robbery) and property crimes (such as burglary and theft), providing valuable insights into crime trends and victim demographics.
- Necessary
-
Appropriate, suitable, and proper. Example: No reasonable effective alternative to the use of force appeared to exist, and the amount of force used was reasonable and proportionate to effect the lawful purpose intended.
- Necessity
-
A justification defense for a person who acts in an emergency that the person did not create and who commits a harm that is less severe than the harm that would have occurred but for the person’s actions. E.g., a mountain climber lost in a blizzard can assert necessity as a defense to theft of food and blankets from another's cabin in order to survive. (Thomson/West, 2000, p.460-461)
- Neo-Classical Theory
-
A theory in criminology that suggests people commit crimes as a result of rational decision-making, after first weigh, through either brief or lengthy,carefully-planned deliberation, the potential risks and benefits of committing the crime.
- nepotism
-
A form of favoritism or bias in which individuals in positions of authority within an organizational structure exhibit preferential treatment or grant advantages or opportunities to their relatives or close associates, often without regard to merit or qualifications, compromising the integrity of institutional processes. This practice undermines the principles of fairness, impartiality, and equal opportunity, and may lead to corruption, inefficiency, and erode public trust.
- net-widening
-
The unintended consequence within criminal justice systems where the implementation of alternative sanctions or programs intended to divert offenders from traditional incarceration actually expands the reach or application of formal social control. This phenomenon occurs when individuals who would not otherwise have been subject to formal processing or intervention are brought into contact with the criminal justice system through new or extended programs, thereby widening the "net" of control beyond its original scope.
- NIBRS
-
A comprehensive system used by law enforcement agencies in the U.S. for reporting and collecting data on crimes. Unlike the traditional Uniform Crime Reporting (UCR) system, NIBRS provides detailed information about each incident, including data on victims, offenders, and other pertinent details, allowing for a more nuanced understanding of criminal activity trends and patterns.
- night watch
-
A period of surveillance and patrol conducted by law enforcement officers or security personnel during the nighttime hours to maintain public security and safety, prevent crime by deterring criminal activity, and provide emergency response.
- nightstick
-
A short, heavy club or baton typically carried by law enforcement officers for self-defense and subduing suspects.
- no contest
-
Legally known as nolo contendere, is a plea in which the defendant neither admits guilt nor denies the charges against them but accepts punishment as if they were guilty, often used as an alternative to pleading guilty in criminal cases.
- nolle prosequi
-
A Latin legal term used in criminal law to denote a prosecutor's decision to drop or abandon charges against a defendant, effectively indicating that the prosecution will not proceed with the case.
- nonpartisan elections
-
Elections in which candidates do not officially represent or affiliate with any political party. In nonpartisan elections, candidates typically run on their own merit and platform, without the backing or endorsement of a specific political party. These elections aim to prioritize issues and qualifications over party allegiance, particularly in contexts such as local government or judicial races within the criminal justice system. The absence of partisan labels in nonpartisan elections seeks to foster a more impartial and independent selection process, allowing voters to focus on the qualifications and policies of individual candidates rather than their party affiliations.
- not guilty
-
A legal plea entered by a defendant in a criminal case, indicating that they deny the charges brought against them and do not accept responsibility for the alleged offense, thereby contesting their culpability in the eyes of the court. It is also a verdict of a legal court proceeding indicating that the defendant has been found by a court of law to be not responsible for an alleged offense, indicating they are free of all criminal charges.
- NYGS
-
A comprehensive research project conducted by the U.S. Department of Justice that aims to collect data on the presence, characteristics, and behavior of youth gangs across the U.S. This survey provides valuable insights into gang activity, helping policymakers, law enforcement agencies, and communities develop strategies to address and prevent gang-related issues.
- Officer-Involved Shooting
-
An incident in which a law enforcement officer discharges a firearm, causing injury or death to a person or persons during the performance of their official duties, or in the line of duty. Different definitions exist at the local, state and federal levels.
- opening statement
-
In the context of criminal justice proceedings, an opening statement refers to the initial presentation made by attorneys representing the prosecution or defense at the onset of a trial. It serves as an opportunity for each side to outline the case's facts, key points, preview the evidence that will be presented, and provide an overview of the legal arguments that will be made to the judge or jury. Opening statements aim to establish credibility, introduce relevant facts, and persuade the fact-finder (judge or jury) of the party's position. While the opening statement is not considered evidence itself, is intended to establish a roadmap for understanding the case and frame the subsequent presentation of evidence and legal arguments, as well as set the stage and persuade the judge or jury of the merits of their case. The effectiveness of an opening statement can significantly influence the course and outcome of a trial.
- oppressive systems
-
Social or institutional structures or practices that systematically marginalize, discriminate again, or disproportionately target certain groups based on factors such as race, ethnicity, socioeconomic status, gender, or other characteristics, often resulting in injustice, inequality in the administration of justice, and the suppression of basic rights and freedoms. In a criminal justice context, this may manifest through biased policing, discriminatory sentencing practices, or unequal access to legal representation.
- order maintenance
-
The efforts and strategies employed by law enforcement authorities that serves to ensure a general sense of public order, prevent social disturances, promote community safety and quality of life, as well as enforce societal rules and norms.
- Organized Crime
-
A complex of highly centralized criminal activities are planned, controlled, and carried out by powerful groups on a large scale.
- Organized Crime Scene
-
A crime scene that suggests considerable pre-planning by the perpetrator, generally leaving little evidence behind. The crimes typically are well-planned and executed with precision. Part of the FBI's six-stage process used to profile criminals.
- Pandemic Fatigue
-
The tendency for individuals to become wearied of rules, advisories, and repetitive exposure to stressful responses where COVID-19-related circumstances may be involved.
- panopticon
-
A type of architectural layout developed by philosopher Jeremy Bentham in the 18th century, characterized by a central observation tower surrounded by cells arranged in a circular or radial pattern. The design enables a single watchman in the tower to observe all inmates without them being able to tell whether they are being watched, thereby fostering a sense of constant surveillance and control.
- parole
-
A supervised release of a prisoner before the completion of their full sentence. It involves the conditional release of an inmate into the community under the supervision of a parole officer, subject to compliance with specific terms and conditions. These conditions typically include regular reporting to the parole officer, maintaining steady employment or pursuing education, and refraining from criminal behavior. Parole aims to facilitate the offender's successful reintegration into society while also serving as a mechanism for monitoring and managing their behavior to minimize the risk of recidivism.
- parole board
-
A governing body within the criminal justice system responsible for determining whether an incarcerated individual is eligible for release from prison before the completion of their full sentence, under certain conditions. The board evaluates various factors including the offender's behavior while incarcerated, the nature of the offense, risk assessment, rehabilitation, and the potential for successful reintegration into society, to make informed decisions about whether to grant parole and under what conditions. Parole boards typically establish conditions of release, supervise parolees, and may revoke parole if conditions are violated. Parole boards play a crucial role in the criminal justice system by facilitating the reintegration of offenders into society while also ensuring public safety.
- parole officers
-
Professionals employed by correctional agencies who supervise individuals released from prison on parole. Their responsibilities include ensuring compliance with parole conditions, monitoring behavior, providing counseling and support services, and facilitating reintegration into society. Parole officers play a crucial role in promoting public safety while assisting parolees in transitioning from incarceration to community life.
- parolees
-
Individuals who have been conditionally released from incarceration under the supervision of parole authorities. Parolees are typically required to adhere to specified conditions and guidelines during their period of parole, which may include regular reporting to parole officers, maintaining employment, avoiding criminal behavior, and participating in rehabilitative programs. Violations of parole conditions can result in revocation and return to incarceration.
- partisan elections
-
The electoral process in which candidates for political office, such as judges or district attorneys within the criminal justice system, openly declare their affiliation with a particular political ideologies or parties and run for office on a party platform. In partisan elections, candidates are nominated by their respective parties and often engage in campaign activities typical of political campaigns, such as fundraising, endorsements, and partisan messaging. This approach contrasts with nonpartisan elections, where candidates are not affiliated with any political party and seek office based on individual qualifications rather than party allegiance. Partisan elections can introduce elements of political influence into the selection and functioning of law enforcement officers, prosecutors, and judges, potentially impacting the impartiality, administration of justice, and independence of the judiciary and law enforcement agencies as candidates' political backgrounds and affiliations may shape their approach to legal issues and decision-making within the criminal justice system.
- patronage
-
The practice of granting favors, privileges, appointments or positions of authority to individuals based on personal relationships or political connections rather than merit or qualifications.
- Pennsylvania system
-
A correctional approach developed in the early 19th century characterized by solitary confinement and inmate labor in isolation. It aimed at reforming prisoners through reflection and penitence, with minimal interaction among inmates and staff to prevent corruption. The system, pioneered by the Eastern State Penitentiary in Philadelphia, Pennsylvania, emphasized the isolation of prisoners in individual cells for the duration of their sentences, coupled with opportunities for religious contemplation and work in isolation.
- per capita
-
The average per person, often used to describe measurements or statistics that are divided equally among each individual within a population. For example, per capita income is the average income earned by each person in a specific area or group.
- peremptory challenges
-
A legal mechanism in the jury selection process that allows both the prosecution and defense attorneys to exclude a certain number of potential jurors without providing a specific reason or cause. Peremptory challenges are typically exercised during voir dire, the process of questioning potential jurors to determine their suitability for serving on a jury. The purpose of peremptory challenges is to enable attorneys to remove jurors whom they believe may be biased or unsympathetic to their case, thus ensuring a fair and impartial jury. However, peremptory challenges are subject to certain limitations and cannot be used to exclude potential jurors based on race, gender, ethnicity, or other protected characteristics, as established by legal precedent and statutes.
- personal jurisdiction
-
The authority that a court has over an individual or entity involved in a legal dispute. In criminal justice proceedings, it pertains specifically to the court's power to make decisions and judgments affecting the rights and obligations of the accused. Personal jurisdiction is typically established by factors such as the defendant's presence within the geographic boundaries of the court's jurisdiction, the commission of a crime within that jurisdiction, or the defendant's consent to the court's authority. This concept ensures that defendants are subject to the laws and legal proceedings of the jurisdiction in which they are accused of committing a crime, thereby safeguarding their constitutional rights to due process and fair trial.
- physical abuse
-
The intentional use of force against another person that results in physical harm, injury, or pain. This form of abuse can include hitting, punching, kicking, slapping, pushing, or any other act that causes bodily harm or discomfort. Physical abuse can occur in various settings, such as domestic relationships, institutions, or between peers, and can have long-lasting physical and psychological effects on the victim.
- plea negotiation
-
A process within the criminal justice system where the defendant, their legal counsel, and the prosecution engage in discussions to reach a mutually acceptable resolution regarding the charges, potential sentence, or other aspects of the case under the supervision of a judge prior to trial. This negotiation often involves the defendant’s cooperation and agreement to plead guilty to certain charges or a lesser offense in exchange for concessions from the prosecution, such as reduced charges, a lesser sentence, or dropping of some charges altogether. Plea negotiations aim to efficiently resolve cases, reducing time and costs, while balancing the interests of both parties and the administration of justice.
- pluralistic society
-
A society characterized by the coexistence of diverse cultural, ethnic, or ideological groups, each maintaining its distinct identity and values within the broader framework of the society.
- police brutality
-
Excessive or unnecessary use of force, including physical, verbal, or psychological aggression, by law enforcement officers during the course of their duties, often resulting in injury, harm, or violation of constitutional rights. to individuals under arrest or detention.
- police misconduct
-
Any wrongful, unlawful, unethical, or improper behavior or actions exhibited by law enforcement officials in the performance of their duties, including actions such as abuses of power, use of excessive force, corruption, discrimination, or violation of procedural rights, laws, or departmental policies, which undermines public trust and contravenes the principles of justice and fairness.
- Popular Punitivism
-
A societal tendency or political approach that emphasizes harsh punishment against individuals accused or convicted of crimes as a solution to crime, often driven by public demand, outrage, fear, or political motives for stricter penalties, rather than evidence-based crime prevention strategies.
- Positivist Criminology
-
A criminological perspective that utilizes the scientific methods of the natural sciences to suggest that human behavior is a product of social, biological, psychological, or economic forces.
- Positivist School
-
Certain internal or external influences affect individuals, creating pressure to explain why these people commit crimes. This school of thought creates a relationship between criminal behavior and the psychological or sociological traits of the offender.
- pre-arrest diversion
-
A practice within criminal justice systems aimed at diverting individuals away from traditional processing methods following their initial encounter with law enforcement but prior to formal arrest. This approach typically involves offering alternatives to the criminal justice system through the use of private or public community agencies that offer counseling, rehabilitation, or other treatment programs. The goal of this approach is to address underlying issues contributing to criminal behavior and reduce future involvement in the criminal justice system.
- Pre-Classical Theory
-
The oldest school of thought in criminology, popularized by St. Thomas Aquinas, Hobbes and Locke. The belief was the actions of people are simple by nature, and are controlled by power or spirit. The demonic possession warranted torture and pain of offenders.
- pre-release plan
-
A structured and individualized strategy developed for incarcerated individuals nearing the end of their prison term. Designed to facilitate successful reentry into society, a pre-release plan outlines specific goals, interventions, and support mechanisms tailored to address the individual's needs, such as housing, employment, healthcare, and community integration. This comprehensive planning process aims to mitigate risks of recidivism by promoting stability and self-sufficiency upon release from incarceration.
- pre-sentencing investigation
-
A pre-sentencing investigation (PSI) is a thorough assessment conducted by probation officers to assist the court in determining an appropriate sentence for a convicted individual. This investigation typically includes the offender's personal history, criminal record, circumstances of the offense, and factors relevant to sentencing guidelines. This information is compiled into a pre-sentencing report, which is provided to a judge prior to a sentencing hearing.
- pre-sentencing report
-
A comprehensive document prepared by probation officers or court personnel for the sentencing judge, providing detailed information about a defendant's background, circumstances of the offense, and recommendations for sentencing. The report typically includes details about the defendant's criminal history, personal history, employment, family situation, and any other relevant factors that may aid the judge in making an informed sentencing decision. The goal of the pre-sentencing report is to assist the court in determining an appropriate sentence that considers both the severity of the offense and the rehabilitative needs of the defendant.
- precedent
-
A legal decision or ruling made by a higher court that serves as a guide or authority for similar cases in the future. Precedents establish a framework for interpreting and applying the law, providing consistency and predictability within the legal system. Judges often rely on precedents to inform their decisions, striving to maintain uniformity and fairness in the administration of justice.
- prejudice
-
Preconceived opinions or attitudes held about individuals or groups based on their perceived membership in a particular social category, such as race, ethnicity, gender, religion, or socioeconomic status. Prejudice often involves stereotypes, which are oversimplified, negative, and generalized beliefs about a particular group, and can lead to discrimination, unequal treatment, and social inequality.
- President’s Commission on Law Enforcement and Administration of Justice
-
A task force established in 1965 by President Lyndon B. Johnson to address issues related to law enforcement and criminal justice administration in the United States. It was tasked with studying various aspects of the criminal justice system, including police practices, crime prevention, and the administration of justice. The commission's findings and recommendations helped shape federal policies and initiatives aimed at improving law enforcement and criminal justice practices.
- pretrial diversion
-
A court-supervised program designed to offer eligible defendants an alternative to traditional criminal prosecution. Participants typically undergo rehabilitative, educational, or community service activities, and upon successful completion, charges may be dismissed, avoiding formal adjudication and potential criminal records. This approach aims to rehabilitate offenders while conserving judicial resources and promoting community reintegration.
- pretrial release
-
A legal process through which individuals accused of crimes are released from custody pending trial, based on conditions set by a court. Pretrial release aims to balance the rights of the accused with public safety concerns, allowing defendants to await trial outside of jail while ensuring they appear for court proceedings. Conditions may include bail, pretrial supervision, electronic monitoring, or restrictions on travel and behavior.
- Principle of Legality
-
Strict adherence to law, prescription, or doctrine; the quality of being legal. The principle that a person may not be prosecuted under a criminal law that has not been previously published. (Thomson/West, 2000, p.410)
- prison
-
A secured facility designed to house individuals who have been convicted of crimes and sentenced to incarceration (usually for more than a year ). Prisons are typically operated by governmental authorities and are intended to serve as places of punishment, deterrence, rehabilitation, and public safety. Inmates are typically confined to their cells for a significant portion of the day and may participate in various programs and activities aimed at promoting personal growth and eventual reintegration into society.
- prison-industrial complex
-
A term describing the intertwined network of government and private interests that benefit economically and politically from the overall growth and maintenance of the prison system. This complex encompasses corporations involved in construction, management, and provision of goods and services to prisons, as well as government agencies, legislators, and other stakeholders involved with parole, probation, and related services. These entities often support policies that lead to increased incarceration rates.
- prisons
-
A secured facility designed to house individuals who have been convicted of crimes and sentenced to incarceration (usually for more than a year ). Prisons are typically operated by governmental authorities and are intended to serve as places of punishment, deterrence, rehabilitation, and public safety. Inmates are typically confined to their cells for a significant portion of the day and may participate in various programs and activities aimed at promoting personal growth and eventual reintegration into society.
- Probable Cause
-
The language found in the Fourth Amendment stating that people have the right to be secure in their persons, houses, papers, and effects, and that no searches or seizures can occur without a warrant issued upon probable cause. For arrest situations, the term is generally interpreted to mean that a reasonable person would believe: 1) a crime has been committed and 2) the person to be arrested is most likely the one who committed the crime.
- probation
-
A legal status granted to an individual as an alternative to incarceration, typically under the supervision of a probation or community corrections officer, and subject to specified conditions. Probation allows individuals convicted of a crime to remain in the community while adhering to certain requirements, such as regular check-ins with a probation officer, compliance with court-ordered treatment programs, and abstention from criminal activity. Failure to comply with probation terms may result in revocation and possible incarceration.
- probation officer
-
A professional employed by the criminal justice system responsible for supervising individuals placed on probation as an alternative to incarceration. Probation officers assess the risks and needs of probationers, monitor their compliance with court-ordered conditions, and provide support and guidance to facilitate rehabilitation while residing in the community. They collaborate with various stakeholders, including courts, law enforcement, and social services, to ensure public safety while promoting positive behavioral change among probationers.
- probationary release
-
In criminal justice, probationary release refers to the conditional freedom granted to an offender who has been released from incarceration to serve the remainder of their sentence in the community under the supervision of a probation officer. It allows the individual to remain in the community under specific conditions and restrictions. These typically include regular reporting to the probation officer, adherence to curfews, abstention from criminal behavior, and compliance with rehabilitative programs. Probationary release aims to facilitate rehabilitation while maintaining public safety by providing offenders with an opportunity to reintegrate into society under supervision rather than remaining incarcerated.
- probationers
-
Individuals who have been convicted of a crime but have been granted the opportunity to serve their sentences under the supervision of probation officers instead of being incarcerated. Probationers must adhere to specific conditions set by the court, which may include regular check-ins, community service, or participation in rehabilitation programs. Violation of probation conditions can result in additional sanctions or incarceration. Probation aims to rehabilitate offenders while allowing them to remain in the community under supervision.
- problem-oriented policing
-
A proactive approach in law enforcement that focuses on identifying and addressing the underlying issues and causes contributing to recurring crime and disorder problems within communities through systematic analysis, collaborative problem-solving strategies between police and other stakeholders, and tailored interventions.
- Procedural Law
-
The rules governing the mechanisms under which crimes are investigated, prosecuted, adjudicated and punished. It includes the protection of accused persons’ constitutional rights. (Thomson/West, 2000, p.171)
- program personnel
-
Individuals employed within correctional facilities who are responsible for overseeing and implementing various programs aimed at inmate rehabilitation, education, vocational training, and other forms of intervention to promote successful reintegration into society.
- proportionality
-
A principle in criminal justice and law enforcement that states the severity of punishment should be proportional to the seriousness of the offense committed. This principle aims to ensure that the punishment fits the crime and is neither too lenient nor too severe. It is often used as a guideline for judges and lawmakers when determining appropriate sentences or penalties for criminal behavior.
- prosecutors
-
Legal professionals employed by the government, typically at the local, state, or federal level, responsible for representing the state or the people in criminal cases. Their primary duty is to analyzed alleged crimes, determine whether there is sufficient evidence to file charges against suspects, negotiate plea deals, and present their case to advocate for the conviction of individuals accused of committing crimes during trials to seek justice within the bounds of the law. Prosecutors work closely with law enforcement agencies to evaluate the gathered evidence, interview witnesses, and build a strong case against the accused. During trials, prosecutors present evidence, examine witnesses, and argue the case to convince the judge or jury of the defendant's guilt beyond a reasonable doubt. Additionally, prosecutors may negotiate plea bargains with defendants, where the accused agrees to plead guilty to a lesser charge in exchange for a lighter sentence. The primary objective of prosecutors is to uphold the law, protect the rights of victims, seek justice by holding individuals accountable for wrongdoing, ensure public safety, and facilitate the fair and impartial adjudication of criminal cases.
- prostitution
-
The exchange of sexual services for money or other forms of payment. Typically, one party, often referred to as a sex worker, provides sexual acts or companionship to another party, commonly known as a client or customer, in return for financial compensation. Prostitution may take various forms, including street prostitution, escort services, brothel-based work, and online solicitation. It is often subject to legal regulation and social stigma, with debates surrounding its ethical implications, health risks, and potential exploitation of individuals involved.
- protests
-
Organized public demonstrations or gatherings where individuals or groups express dissatisfaction, disagreement, dissent, or opposition to specific societal or governmental policies, actions, or conditions, or advocate for social or political causes, often related to perceived injustices and aim to bring about social, institutional, political, or policy change.
- pseudo-families
-
Informal social groups, typically formed among women inmates to replicate aspects of familial relationships and support networks within the confines of the prison environment. These groups often emerge in response to the absence of traditional family structures and serve various functions, including emotional support, protection, and the provision of goods and services. Pseudo-families may adopt roles such as "parents," "siblings," and "children," with members fulfilling corresponding responsibilities and obligations within the group.
- PSI
-
A pre-sentencing investigation (PSI) is a thorough assessment conducted by probation officers to assist the court in determining an appropriate sentence for a convicted individual. This investigation typically includes the offender's personal history, criminal record, circumstances of the offense, and factors relevant to sentencing guidelines. This information is compiled into a pre-sentencing report, which is provided to a judge prior to a sentencing hearing.
- PSIs
-
Pre-sentencing investigations (PSIs) are thorough assessments conducted by probation officers to assist the court in determining an appropriate sentence for convicted individuals. This investigation typically includes the offender's personal history, criminal record, circumstances of the offense, and factors relevant to sentencing guidelines. This information is compiled into a pre-sentencing report, which is provided to a judge prior to a sentencing hearing.
- PSR
-
A comprehensive document prepared by probation officers or court personnel for the sentencing judge, providing detailed information about a defendant's background, circumstances of the offense, and recommendations for sentencing. The report typically includes details about the defendant's criminal history, personal history, employment, family situation, and any other relevant factors that may aid the judge in making an informed sentencing decision. The goal of the pre-sentencing report is to assist the court in determining an appropriate sentence that considers both the severity of the offense and the rehabilitative needs of the defendant.
- public account system
-
A financial system implemented in the early years of U.S. penitentiaries, where the institution's revenue and expenditures were managed directly by the state or government. Under this system, prisons operated as self-sustaining entities, generating income through the labor of inmates, which was then used to cover operational costs. This system often involved the sale of goods produced by inmate labor, with the proceeds contributing to the prison's budget. The Public Account System aimed to promote financial transparency and accountability in prison management, but it also faced criticism for incentivizing harsh labor conditions and neglecting the welfare of inmates.
- public decency crimes
-
Offenses that involve behaviors or actions deemed inappropriate, offensive, or disruptive in public spaces. These crimes typically involve acts such as public nudity, lewd behavior, indecent exposure, public urination, or public intoxication. The laws governing public decency crimes vary by jurisdiction but are generally in place to maintain societal standards of behavior, protect public morals, and ensure the comfort and safety of individuals in public settings.
- public defenders system
-
A governmental institution responsible for providing legal representation to individuals who are unable to afford private counsel in criminal proceedings. This system ensures that defendants have access to competent legal representation regardless of their financial situation. Public defenders are typically employed by the state or local government and offer defense services to individuals facing criminal charges, advocating for their rights. They serve to ensure that defendants receive fair and competent representation in accordance with their constitutional rights, particularly the Sixth Amendment right to counsel. This system aims to uphold the principle of equal justice under the law by striving to provide quality legal defense to all individuals, regardless of socioeconomic status, thereby mitigating disparities in access to legal representation within criminal courts. The Public Defenders System plays a crucial role in safeguarding the principles of due process and access to justice within the criminal justice system.
- public order crimes
-
Offenses that involve acts which disrupt or threaten the stability, safety, or well-being of society as a whole. These crimes typically include behaviors such as public intoxication, disorderly conduct, loitering, and prostitution, among others. The focus of public order crimes is on maintaining public order and societal harmony rather than addressing harm to specific individuals.
- punishment
-
The imposition of penalties and/or consequence upon an individual who has committed a crime, typically intended to serve as a deterrent, retribution, or rehabilitation measure within the criminal justice system.
- punitive
-
Relating to, involving, or constituting punishment, typically aimed at deterring future wrongdoing, exacting retribution for a committed offense, and correcting behavior deemed unacceptable by law.
- punitivism
-
A philosophical stance or approach within criminal justice that emphasizes the use of harsh punishment as the primary means of addressing crime and maintaining social order. Punitivism prioritizes punitive measures such as incarceration, lengthy sentences, and punitive sanctions over rehabilitation or restorative justice principles. It tends to focus on deterrence through punishment rather than addressing underlying social factors contributing to criminal behavior. This approach often advocates for tougher laws and enforcement strategies aimed at deterrence through punishment.
- qualitative research
-
A methodological approach used in social sciences and other fields to understand human behavior, experiences, and perceptions. It focuses on gathering non-numerical data through techniques like interviews, observations, and analysis of texts or images. Qualitative research aims to uncover rich insights into the complexities of human phenomena, often exploring nuances and context rather than generalizable conclusions.
- quantitative research
-
A method of inquiry used in various academic disciplines, including sciences, social sciences, and economics, that relies on the collection and analysis of numerical data to draw conclusions and make predictions about phenomena. This approach typically involves structured data collection methods, such as surveys, experiments, or observations, and employs statistical techniques for data analysis to identify patterns, relationships, and trends.
- race
-
A social construct used to categorize people based on physical characteristics such as skin color, facial features, and hair texture. This classification system has historically been employed to delineate groups of individuals, often leading to discrimination and unequal treatment based on perceived differences. It is important to recognize that race is not biologically determined but rather a product of societal norms and perceptions.
- racial bias
-
Prejudice, discrimination, or stereotyping stemming from conscious and unconscious beliefs that favor or disadvantage individuals solely based on their racial or ethnic identity, rather than individual merit or behavior, typically results in unequal treatment, differential judgment, or disparities in accessibility to opportunities and resources. This perpetuates social inequalities and undermines the principles of fairness and equality, hindering justice, equity, and inclusivity within society.
- racial injustice
-
Discriminatory practices, policies, or behaviors that result in unfair treatment, prejudice, unequal opportunities, or harm directed towards individuals or groups based on their race or ethnicity, perpetuating inequality and undermining social cohesion, posing significant challenges to achieving justice and equity for all members of society.
- Racial Profiling
-
The law-enforcement practice of using race, national origin, or ethnicity as a salient basis for suspicion of criminal activity. (West, 2001, p.657.)
- racism
-
A pervasive belief, attitude, or practice that discriminates against individuals or groups based on their race or ethnicity typically involving the belief in the superiority of one race over another and the exercise of power to enforce this belief, resulting in unequal treatment, oppression, and disadvantage for those targeted racial or ethnic groups, perpetuating social inequalities and injustices. It can manifest in various forms, including institutionalized, interpersonal, and internalized racism.
- racketeering
-
A pattern of illegal activity, typically intended to generate profit through unlawful means, often involving organized crime syndicates or interconnected within a structured criminal enterprise, characterized by the repeated commission of criminal acts such as extortion, bribery, fraud, and other forms of corruption.
- radial design
-
An architectural layout commonly used in prison construction, characterized by cell blocks arranged in a circular or radial pattern around a central hub. This design allows for efficient surveillance from a centralized location, as well as controlled movement of inmates to various areas of the facility. Radial prison design aims to maximize security and staff supervision while facilitating the management of inmate populations within the facility.
- Radical Tendency
-
Extending beyond the street and white-collar crimes, this ideology considers crimes and behaviors emanating from industry, workplaces, government and organizations. Considers industrial polluters, hazardous workplaces, discrimination, and brutality.
- rape
-
A criminal act involving non-consensual sexual intercourse or penetration, typically perpetrated through force, coercion, or incapacitation of the victim. It is a grave violation of an individual's bodily autonomy and is universally condemned as a severe form of sexual violence. Rape can occur within various contexts, including intimate relationships, acquaintanceships, or perpetrated by strangers. It is important to recognize that consent is fundamental to all sexual interactions, and any sexual activity without explicit and enthusiastic consent constitutes rape.
- rape shield law
-
Legislation designed to protect the privacy and dignity of sexual assault victims by limiting the admissibility of their past sexual behavior and history as evidence in court proceedings. These laws aim to prevent the victim's character from being unfairly scrutinized or used to discredit their testimony, thereby encouraging victims to come forward and report sexual crimes without fear of invasive questioning about their personal lives.
- rape shield laws
-
Legislation designed to protect the privacy and dignity of sexual assault victims by limiting the admissibility of their past sexual behavior and history as evidence in court proceedings. These laws aim to prevent the victim's character from being unfairly scrutinized or used to discredit their testimony, thereby encouraging victims to come forward and report sexual crimes without fear of invasive questioning about their personal lives.
- Rational Choice Theory
-
A theory that states that crime is the result of a decision-making process in which the offender weighs the potential penalties or consequences against the potential rewards of committing the crime.
- Reasonable
-
As in "reasonable officer", Derived from Graham v. Connor, given the facts and circumstances known to the officer at that moment, how might a hypothetical "reasonable officer" might process the information and act in that moment.
- reasonable doubt
-
In criminal law, reasonable doubt is the standard of proof required for conviction in a criminal trial. It signifies the level of uncertainty that a reasonable person might have after reviewing all the evidence presented by both the prosecution and the defense. Reasonable doubt exists when, after careful consideration of all the evidence presented, there remains a lingering uncertainty that a reasonable person would harbor about the defendant's guilt. In other words, it is the level of certainty that a juror or judge must have regarding the guilt of the defendant. A verdict of guilty can only be reached if the jury (or judge) is convinced beyond a reasonable doubt of the defendant's guilt, meaning there is no other logical explanation based on the evidence presented. This standard emphasizes the principle that a defendant should not be convicted unless guilt is established beyond a reasonable doubt, ensuring a fair and just legal process.
- reasonable suspicion
-
In criminal law, reasonable suspicion refers to the belief, based on specific and articulable facts, that a person is, was, or will be involved in criminal activity. It is a standard of proof lower than probable cause but more than a mere hunch or intuition.
- rebellion
-
A significant and organized resistance or uprising against established authority, norms, or systems of governance, often involving acts of defiance, protest, or armed conflict by a group or population seeking to challenge or overthrow the existing power structure.
- recidivism
-
The tendency of a convicted criminal to re-offend or relapse into criminal behavior, typically measured by the rate at which individuals who have been previously convicted commit new offenses.
- recognizance
-
A legal term referring to a defendant's pledge to appear in court as required, often without the need for monetary bail, based on their personal assurance and reputation within the community.
- Recruitment and Retention
-
Messaging and incentives for attracting individuals to work for an organization, then effectively keeping them in the employ of that agency for the long term once they are hired.
- reform
-
The systematic process of enacting changes to existing practices, policies, or institutions with the aim of addressing perceived shortcomings and enhancing effectiveness, fairness, and outcomes. These changes can encompass legislative, procedural, institutional, and policy adjustments, all geared towards rectifying deficiencies, bolstering accountability, fostering rehabilitation, and curbing recidivism rates. Reform initiatives typically target various components of the criminal justice process, including law enforcement practices, court procedures, sentencing policies, correctional practices, and reentry programs. By promoting rehabilitation, reducing recidivism, and improving fairness and effectiveness within the system, reform endeavors aspire to cultivate a more equitable, humane, and efficient system. Ultimately, the overarching goal of reform efforts is to uphold the principles of justice and cater to the needs of individuals, communities, and society as a whole.
- regional jails
-
Correctional facilities that serve a specific geographic region and typically house inmates from multiple jurisdictions within that area. These jails are often operated by local or regional governments and may provide various levels of security, ranging from minimum to maximum. They serve as an alternative to county jails and are designed to accommodate the needs of smaller communities by consolidating resources and sharing costs associated with housing and managing inmates.
- rehabilitation
-
A principle of punishment within the criminal justice system that emphasizes the goal of reforming offenders through various programs and interventions aimed at addressing the underlying causes of criminal behavior. The rehabilitation philosophy seeks to provide offenders with opportunities for personal growth, education, vocational training, counseling, and treatment for substance abuse or mental health issues, with the ultimate aim of reducing recidivism and promoting successful reintegration into society.
- Rehabilitation Act of 1973
-
A landmark U.S. federal law prohibiting discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in the employment practices of federal contractors with intentions to protect and uphold the rights of all individuals with disabilities. It also established the Architectural and Transportation Barriers Compliance Board (Access Board) to promote accessibility and develop guidelines for compliance and laid the groundwork for subsequent disability rights legislation, including the Americans with Disabilities Act (ADA) of 1990.
- reinstatement release
-
A form of conditional release granted to an offender who has been temporarily removed from community supervision and reincarcerated due to a violation but is subsequently returned to supervision after demonstrating compliance with specified conditions.
- restitution
-
A concept in criminal justice that emphasizes the offender's obligation to compensate or make amends to the victim or society for the harm caused by their criminal actions. This principle aims to restore balance and address the tangible losses suffered by victims, often through financial payments or community service, as part of the offender's sentence.
- Restorative Justice
-
A response to criminal behavior that focuses on restitution and resolution of issues to create harmony between victims, offenders and the community. This response further considers the impact on primary, secondary and others who have been victimized..
- retention election
-
A type of judicial election where voters decide whether to retain or remove a sitting judge from office. Unlike traditional elections where candidates compete for a vacant position, in a retention election, the incumbent judge's name appears on the ballot, and voters simply vote "yes" or "no" to retain them. If a majority of voters choose to retain the judge, they continue serving their term; otherwise, they are removed from office, and a replacement may be appointed or elected to fill the vacancy. Retention elections are often used to evaluate judges' performance and maintain accountability within the judiciary.
- retribution
-
A foundational concept in criminal justice philosophy, the retribution principle posits that punishment should be proportionate to the offense committed, with the severity of punishment reflecting the severity of the crime. This principle is based on the idea that offenders deserve to suffer consequences for their actions as a form of moral justice, regardless of any potential rehabilitative or deterrent effects. Retribution seeks to restore a sense of balance and fairness in society by exacting a penalty commensurate with the harm caused by the criminal act.
- revocation
-
In the context of criminal justice, revocation commonly refers to the cancellation of probation, parole, or other forms of community supervision due to non-compliance with prescribed rules, conditions, or behavioral expectations. Revocation may result in the imposition of more severe penalties, including incarceration, depending on the severity of the violation and the discretion of the supervisory authority or court.
- revocation hearing
-
A formal proceeding conducted by a court or administrative body to determine whether a defendant or probationer has violated the terms of their probation, parole, or supervised release. During the hearing, evidence is presented and evaluated to determine whether the individual failed to comply with specific conditions or committed new offenses. The outcome of a revocation hearing can lead to the modification, continuation, extension, or revocation of the individual's supervised release status, which can result in incarceration, often based on the discretion of the presiding judge or hearing officer. The outcome of the revocation hearing significantly impacts the individual's liberty and future supervision status. This process ensures accountability and compliance within the criminal justice system's community supervision framework.
- riots
-
A form of civil disorder characterized by a group of people engaging in violent or tumultuous behavior typically occurring in response to perceived injustice, political unrest, or social tensions, often resulting in destruction of property, vandalism, and looting, as well as clashes with law enforcement authorities, injury, and sometime loss of life.
- risk and needs assessments
-
Structured processes used to evaluate offenders' likelihood of reoffending and identify factors that contribute to their criminal behavior. These assessments typically involve standardized tools and interviews conducted by trained professionals. Risk assessments aim to predict the probability of future criminal behavior based on factors such as criminal history, substance abuse, and employment stability. Needs assessments, on the other hand, identify criminogenic needs—such as lack of education, substance abuse issues, or mental health problems—that, if addressed, can reduce the likelihood of reoffending. Together, these assessments inform decision-making regarding supervision, treatment, and programming to enhance public safety and facilitate offender rehabilitation.
- Routine Activity Theory
-
A theory stating an increase or a decrease in crime rates can be explained by changes in the daily habits of potential victims, based upon the notion that crimes will occur where there is a suitable target unprotected by guardans.
- Rule of Law
-
The doctrine that every person is subject to the ordinary law within the jurisdiction; the equal subordination of all citizens and classes to the ordinary law of the land. West, p.699. (2001).
- sanction
-
In the context of criminal justice, a sanction refers to a penalty or consequence imposed by a court or other authorized body upon an individual who has been found guilty of committing an offense. Sanctions can include fines, community service, probation, imprisonment, or other forms of punishment deemed appropriate by the legal system. The purpose of sanctions is to uphold societal norms, deter future criminal behavior, and promote rehabilitation where possible within the criminal justice framework.
- select incapacitation
-
A strategy within criminal justice aimed at preventing crime by targeting and incapacitating high-risk offenders to prevent them from committing further crimes. This approach involves identifying specific individuals who pose a significant threat to public safety and employing measures such as imprisonment, electronic monitoring, or strict supervision to restrict their ability to engage in criminal activities. Select incapacitation seeks to maximize public safety by reducing the potential harm caused by repeat offenders while minimizing the negative impacts associated with widespread incarceration by allowing for the reintegration of low-risk individuals into society.
- Selective Prosecution
-
The practice or an instance of a criminal prosecution brought at the discretion of a prosecutor rather than one brought as a matter of course in the normal functioning of the prosecuting authority’s office. Selective prosecution violates the Equal Protection Clause of the Fourteenth Amendment if a defendant is singled out for prosecution when others similarly situated have not been prosecuted and the prosecution’s reasons for doing so are impermissible. (Thomson/West, 2000, p.612)
- Self-Defense
-
The use of force to protect oneself, one’s family or one’s property from a real or threatened attack. Generally, a person is justified in using a reasonable amount of force in self-defense if the person believes that the danger of bodily harm is imminent and that force is necessary to avoid this danger. (Thomson/West, 2000, p.612-613).
- Self-Incrimination
-
The 5th Amendment protects individuals from being forced to confess to a crime. This means that a person cannot be forced to testify against themselves or provide evidence that could lead to their own conviction.
- sentencing guidelines
-
Frameworks established by legislative bodies or sentencing commissions to provide judges with structured recommended ranges and consistent criteria of sentences for determining appropriate sentences for specific criminal offenses in the criminal justice system. These guidelines typically consider various factors such as the severity of the offense, the offender's criminal history, and mitigating or aggravating circumstances. Sentencing guidelines aim to promote consistency, fairness, proportionality, and transparency in sentencing decisions within the criminal justice system.
- serial killer
-
A term used to describe an individual who commits a series of murders, typically three or more, with a significant interlude between each crime. These perpetrators often share common characteristics such as a lack of empathy, a desire for power and control, and a tendency to select victims who fit certain criteria. The motivation behind their actions can vary widely, ranging from psychological disorders to a distorted sense of gratification or fulfillment derived from the act of killing. Serial killers are a subject of intense study in criminology and psychology due to the complexity of their behavior and the profound impact they have on society.
- serial murder
-
See serial killer.
- sexism
-
A form of discrimination, prejudice, or bias, typically favoring one gender over the other, manifesting as unequal treatment, opportunities, and outcomes, resulting in the marginalization or oppression of individuals based on their sex or gender.
- sexual abuse
-
A form of mistreatment or coercion where an individual is subjected to unwanted sexual activity or behavior. This can include but is not limited to physical contact, verbal harassment, or exposure to explicit material without consent. Sexual abuse can occur in various contexts, such as relationships, institutions, or within families, and it can have profound and long-lasting effects on the victim's physical, emotional, and psychological well-being.
- shock incarceration
-
A short-term, intensive correctional program designed to provide a jarring experience for offenders, emphasizing discipline, physical fitness, and regimented schedules. It aims to deter future criminal behavior through a rigorous and structured environment, often including military-style discipline and physical training. Shock incarceration programs typically last several weeks to a few months and are used as an alternative to traditional incarceration for eligible offenders. The goal is to promote accountability and rehabilitative change in participants.
- shock parole
-
Early release granted to certain offenders by a parole board after a brief period of incarceration. This form of parole is typically granted shortly after the commencement of the sentence, with the intention of providing a "shock" or immediate exposure to the consequences of incarceration. It serves as a mechanism to deter future criminal behavior by emphasizing the seriousness of imprisonment while allowing offenders a chance to reintegrate into society under supervision. Shock parole programs vary in duration and conditions, often focusing on intensive supervision, counseling, and rehabilitation efforts to facilitate successful reentry into the community.
- shock probation
-
A sentencing strategy where an offender is initially incarcerated for a brief period, typically in a correctional facility, and then resentenced by a judge and released into probation. The primary goal is to "shock" the offender into recognizing the gravity of their offense and the consequences of their behavior by exposing them to a short period of imprisonment. This approach aims to promote rehabilitation by allowing the offender to experience the harsh realities of confinement while facilitating their reintegration into society under community supervision thereafter. Shock probation is commonly applied to first-time offenders or individuals convicted of non-violent crimes, serving both rehabilitative purposes and addressing issues of prison overcrowding in the criminal justice system.
- Situational Awareness
-
Conscious knowledge of the immediate environment and the events that are occurring in it. Situational awareness uses the sensory system to scan the environment in order to identify threats in the present or to project threats into the near future.
- slave patrols
-
Organized groups tasked with monitoring, controlling, and enforcing slave code, regulations, and discipline upon enslaved populations in the U.S. during the antebellum period. These patrols operated primarily in southern states and typically comprised of white men, often slave owners or their representatives, who were authorized by law to monitor the movements of enslaved people, apprehend runaways, maintain order among enslaved populations, prevent slave rebellions by suppressing resistance among enslaved individuals, and punish those who violated the strict rules governing the institution of slavery. This establishment were instrumental in upholding the racial hierarchy and social control systems of the time, and reinforced the oppressive nature of slavery, contributing to the perpetuation of systemic racism in American society.
- Slippery Slope
-
A course of action that seems destined to lead from one action or result to another with unintended consequences. In this conceptual situation, the course of action will likely lead to something unacceptable or wrong.
- social contract theory
-
A philosophical concept proposing that individuals in a society agree to abide by certain rules and norms in exchange for protection of their rights and interests, creating a mutual understanding between the government and its citizens regarding their respective roles and obligations.
- social control
-
The mechanisms, strategies, and institutions within a society utilized by governing authorities to regulate and manage individual behavior, social order, conformity, and stablity within the community, as well as to maintain societal norms, values, and expectations.
- social injustice
-
The unfair distribution of resources, opportunities, and privileges within a society, often resulting in marginalized groups facing discrimination, oppression, and unequal treatment based on factors such as race, gender, socioeconomic status, ethnicity, or other identity characteristics. It encompasses a wide range of systemic inequalities that prevent individuals or groups from accessing their basic rights, achieving their full potential, or participating fully in society. It often results in marginalized groups facing barriers to education, employment, healthcare, and legal protection, thus, perpetuating multigenerational cycles of disadvantage and inequality.
- social justice
-
The principle of fair and equitable rights, opportunities, treatment, and distribution of essential resources among all members of society, regardless of their background, identity, or socioeconomic status, aiming to address systemic inequalities and promote inclusivity for all individuals and groups, particularly those marginalized or disadvantaged, encompassing the principles of fairness, equality, and inclusion, as well as rights for human dignity within communities and institutions.
- Social Learning Theories
-
Explanation of criminal behavior focusing on control mechanisms, techniques and strategies for regulating human behavior. This belief leads to conformity or obedience to society's rules.
- social norms
-
Generally accepted rules and social expectations specific to a particular group or society that guide and regulate behavior and ways of doing within a society or group, dictating appropriate actions, values, and beliefs in various situations.
- Social Reaction Theories
-
Also known as the Labeling Theory. Focuses on the way a majority of persons identify a person displaying deviant behavior or tendencies. By labeling the person committing unacceptable acts, the person often may be pushed into greater levels of deviant behavior.
- Speakeasies
-
Illicit establishments that illegally sold and consumed alcoholic beverages during the Prohibition era in the U.S. (1920-1933) that emerged as a response to the nationwide ban on the production, sale, and transportation of alcoholic beverages. These venues operated clandestinely, often requiring a secret password or some form of authentication for entry, and patrons were expected to speak quietly ("speak easy") to avoid detection by law enforcement.
- Specific Deterrence
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A prescription of punishment meant to discourage future criminal behavior by a person charged with a crime. Specific deterrence happens after the offender has already committed a crime, and is meant to stop future criminal behavior.
- split sentencing
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A judicially ordered sentence in criminal justice where a convicted offender serves a portion of their sentence in custody (usually in jail or prison) and the remainder under community supervision (such as probation). This approach aims to combine punishment with rehabilitation, allowing offenders to reintegrate into society while maintaining accountability through supervised release. Split sentencing is utilized to balance the goals of deterrence and rehabilitation in sentencing practices.
- spree murder
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A spree murder refers to a series of killings committed by an individual or a group of individuals within a relatively short period of time and in multiple locations. The killings are often fueled by intense emotional distress, psychosis, or a desire for notoriety. Unlike serial murders, spree murders involve multiple victims in a condensed timeframe without the intermission typically observed in serial killings.
- Statute of Limitations
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A criminal statute establishing a time limit for prosecuting a crime, based on the time between the date the offense occurred and the date prosecution proceedings were commenced. (Thomson/West, 2000, p.644)
- Stereotyping
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A generalized belief about a particular category of people. This projection of belief might carry an expectation that people might have about every person in a particular group.
- Stop and Frisk
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The Fourth Amendment has been used to challenge the stop and frisk practices by law enforcement, which involves stopping and searching individuals without probable cause. Courts have held that stop and frisk practices must be based on specific and articulable facts that support a reasonable belief that criminal activity has occurred, or is imminent.
- Strain Theories
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A theory stating that a gap between culturally-approved goals and legitimate means of achieving them, causes frustration and thereby leads to criminal behavior.
- subject matter jurisdiction
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The authority of a court to hear and decide cases involving specific types of legal issues or subject matters. It delineates the boundaries of the court's power to adjudicate cases based on the nature of the dispute and the applicable laws. Subject matter jurisdiction ensures that courts only hear cases within their designated areas of expertise or jurisdictional limits, thereby upholding the principles of judicial efficiency and fairness.
- subpoenas
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A legal document issued by a court or authorized government agency compelling an individual to appear in court or to provide testimony or evidence in a legal proceeding, typically related to a criminal investigation or trial. Failure to comply with a subpoena may result in legal penalties, such as fines or imprisonment for contempt of court.
- substance abuse
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Substance abuse refers to the harmful or hazardous use of psychoactive substances, including illicit drugs and alcohol, which can lead to addiction, physical and mental health issues, and impaired social functioning. In the criminal justice context, substance abuse often intersects with criminal behavior, influencing the commission of crimes and contributing to recidivism rates. Treatment and intervention programs aimed at addressing substance abuse play a critical role in rehabilitation efforts within the criminal justice system.
- Substantive Law
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A crime that is complete in itself and is not dependent on another crime for one of its elements–Also termed substantive crime (Thomson/West, 2000, p.487-488)
- Superego
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The conscience, or those aspects of the personality that threaten the person, or impose a sense of guilt or psychic suffering. This threat serves to restrain the id.from engaging in criminal behavior.
- Superintendent
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The highest-ranking administrative official responsible for overseeing the operations and management of a prison or correctional facility. The Superintendent typically has authority over various aspects of the facility, including security, inmate programs, staff management, and budgeting. They play a key role in implementing policies, ensuring compliance with regulations, and maintaining the safety and security of the facility.
- supermax prisons
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Short for "super-maximum security prisons," are correctional facilities designed to house the most dangerous and high-risk inmates. These facilities are characterized by stringent security measures, including extensive use of solitary confinement, high-tech surveillance systems, and limited interaction between inmates and staff. Supermax prisons aim to isolate inmates who pose significant threats to institutional safety or who have a history of violent behavior, thereby reducing the risk of escape, assault, or disruption within the prison environment.
- supervised release
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A period of conditional supervision imposed on an individual following their release from incarceration, as mandated by federal or state authorities. Supervised release aims to facilitate the offender's reintegration into society while ensuring compliance with specified conditions, which may include regular reporting to a community corrections officer, adherence to treatment programs, and restrictions on travel or association. Unlike parole, which replaces remaining prison time, supervised release begins after the completion of a prison term and is a distinct component of the sentence imposed by the court.
- systemic bias
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Patterns of prejudice or discrimination that are inherent in the structures, policies, and practices of a system, institution, or organization. It operates on a broad scale and affects individuals or groups disproportionately based on characteristics such as race, gender, socioeconomic status, or other factors. This bias may be unintentional but perpetuates unequal outcomes and reinforces existing power dynamics within the system.
- systemic racism
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A form of racism embedded within the structures, policies, and practices of a society or institution, resulting in the unequal treatment, opportunities, and outcomes among racial or ethnic minority groups. It involves policies, practices, and cultural norms that perpetuate racial inequalities, often regardless of the intentions of individuals within those systems. It operates across various societal domains, including but not limited to disparities in education, employment, housing, healthcare, and criminal justice, perpetuating disparities and reinforcing the dominant group's power and privilege.
- tax evasion
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The illegal act of deliberately underreporting income, inflating deductions, or hiding assets to reduce the amount of taxes owed to the government. It involves intentionally deceiving tax authorities to evade paying the full amount of taxes legally required, often resulting in penalties, fines, and legal consequences.
- technical violations
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In criminal justice, technical violations refer to breaches of the conditions or requirements of probation, parole, or community supervision that are not new criminal offenses. These violations typically involve failures to comply with administrative rules, such as missing appointments, testing positive for drugs, or failing to report changes in residence. Unlike new criminal offenses, technical violations do not involve criminal conduct but may result in sanctions ranging from warnings, intensified supervision, or incarrceration, depending on the severity and frequency of the violation. These measures enforce compliance with the terms of the program.
- telephone-pole design
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A structural layout of correctional facilities characterized by tall, narrow cell blocks connected by long corridors resembling telephone poles. This design is intended to maximize security and surveillance capabilities by reducing blind spots and facilitating efficient movement of staff and inmates within the facility.
- Terry v. Ohio
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A landmark U.S. Supreme Court case that established the legality of "stop-and-frisk" procedures by law enforcement officers under certain circumstances. In this case, the Court ruled that police officers may conduct a limited pat-down search of an individuals' outer clothing if the officer has a reasonable suspicion that the person may be armed and dangerous or involved in criminal activity, even without probable cause for arrest. This decision balanced Fourth Amendment protections against unreasonable searches and seizures with the need for police officers to prevent crime as well as ensure public and personal safety.
- Theories
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Ideas or concepts that identify conditions under which those who are prone to commit crime will do so.
- thief-taker rewards
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Financial rewards offered by government authorities or private individuals that were given to thief-takers or bounty hunters as monetary incentives for capturing and bringing criminals to justice. These rewards, commonly used in various societies prior to the establishment of modern policing systems, were typically aimed to encourage private citizens to assist law enforcement in apprehending offenders. However, it was often criticized for potentially incentivizing corruption, abuses, and false accusations, as some thief-takers resorted to unethical or unlawful methods to secure rewards.
- Three-Strikes Laws
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Legislation implemented in some jurisdictions that mandates harsher sentences, typically life imprisonment, for individuals convicted of a third felony offense, regardless of the severity of the third offense. These laws aim is to deter repeat offenders and incapacitate habitual criminals from committing further crimes by imposing escalating penalties for subsequent criminal convictions, thereby protecting society from the potential harm of habitual criminals.
- ticket-of-leave
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In the context of criminal justice, a ticket-of-leave refers to a historical term originating in the 19th century, primarily used in British and early American legal systems. It denotes a form of early release granted to prisoners based on good behavior during their incarceration. This discretionary release allowed offenders to serve the remainder of their sentence outside of prison under specified conditions, often supervised by parole authorities. The concept of ticket-of-leave laid the foundation for modern parole systems, emphasizing rehabilitation and community reintegration of previously incarcerated individuals.
- Tough on Crime
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A political stance and policy approach characterized by stringent enforcement of criminal laws and harsh punishments for offenders. Advocates of this approach prioritize law and order, aiming to deter crime through the threat of severe consequences and to protect communities by aggressively prosecuting and incarcerating individuals who break the law. Tough-on-crime policies often involve increasing police presence, implementing mandatory minimum sentences, reducing opportunities for parole or early release, and expanding the use of incarceration as a primary response to criminal behavior. This approach has been influential in shaping criminal justice systems in various countries, particularly during periods of heightened concern about crime rates and public safety.
- transgender
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A term used to describe individuals whose gender identity differs from the sex they were assigned at birth. Transgender people may identify as male, female, or non-binary, and may seek to transition to their affirmed gender through social, medical, or legal means. Transgender individuals may also use various terms such as trans man, trans woman, genderqueer, or genderfluid to describe their gender identity.
- Transnational Crime
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A criminal act or transaction that violates the las of more than one country, or has an impact on a foreign country.
- trial de novo
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A legal process wherein a case is retried in a new trial as if the original trial had not occurred. This process allows for a complete reconsideration of the case, typically following an appeal or request for a retrial and provides an opportunity for the presentation of new evidence or legal arguments. In a trial de novo, the case is heard by a different judge or jury, and all evidence is presented anew, offering the opportunity for a fresh examination and adjudication of the facts and legal issues.
- true bill of indictment
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A formal written document issued by a grand jury accusing a specific individual of a criminal offense, indicating that there is sufficient evidence to believe that a crime has been committed, and the accused should stand criminal trial.
- truncheons
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A type of weapon commonly wielded by law enforcement personnel for the purpose to enforce compliance, control crowds, subdue individuals, defend against physical threats, or maintaining order. Commonly referred to as a baton or nightstick, they are typically short, weighted sticks made of wood, metal, or plastic. They are considered a less-lethal weapon and are intended to be used with restraint and in accordance with established use-of-force protocols.
- truth-in-sentencing
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A legal principle and policy framework in criminal justice aimed at ensuring that offenders serve a significant portion of their court-imposed incarceration sentences before becoming eligible for parole, limiting eligibility for early release mechanisms. It seeks to align the actual time served by offenders more closely with the length of their sentences as determined by the judiciary, thus promoting transparency and consistency in sentencing outcomes. This approach is often associated with efforts to increase public confidence in the justice system and to deter criminal behavior.
- U.S. Marshals Service
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A federal law enforcement agency within the United States Department of Justice responsible for the protection of federal judicial officers and courts, the apprehension of fugitives, the management of and transportation of federal prisoners, and other law enforcement activities.
- UAV
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Acronym for Unmanned Aerial Vehicle, commonly called a drone. The UAV is an aircraft without any human pilot, crew, or passengers on board. Typically, UAVs are controlled wirelessly from the ground and assist in police tasks.
- UCR
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A program administered by the Federal Bureau of Investigation (FBI) since the 1930s, designed to collect and analyze data on crimes reported to law enforcement agencies across the United States. These statistics are divided into two main categories: Part I offenses (such as murder, rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft) and Part II offenses (such as simple assault, fraud, embezzlement, vandalism). This data is used by policymakers, researchers, and law enforcement agencies to assess crime trends, allocate resources, and develop strategies for crime prevention and reduction.
- Uniform Crime Report
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A program administered by the Federal Bureau of Investigation (FBI) since the 1930s, designed to collect and analyze data on crimes reported to law enforcement agencies across the United States. These statistics are divided into two main categories: Part I offenses (such as murder, rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft) and Part II offenses (such as simple assault, fraud, embezzlement, vandalism). This data is used by policymakers, researchers, and law enforcement agencies to assess crime trends, allocate resources, and develop strategies for crime prevention and reduction.
- Use of Force (UOF)
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Any physical coercion used to effect, influence, persuade, or direct an individual to comply with an order from an officer. The amount of effort required by police to compel compliance by an unwilling subject (IACP).
- vagrancy
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A state of homelessness or wandering without a fixed residence or means of livelihood. Vagrancy often involves individuals moving from place to place without a permanent address or employment, often due to economic hardship, mental health issues, or other societal factors. Historically, vagrancy laws have been used to regulate and control individuals without fixed homes, though their enforcement and interpretation have varied widely over time and across different societies.
- values
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Core beliefs and principles that individuals or societies hold to be important, desirable, and morally right, contributing to the ethical frameworks within a social group. They guide behavior, decisions, and priorities, shaping attitudes, cultural norms, and societal expectations. Values can encompass a wide range of ideals, including moral, religious, political, and aesthetic preferences, and are often deeply ingrained and subjective.
- vandalism
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The deliberate destruction, defacement, or damage to public or private property without the owner's consent. This can include graffiti, property destruction, or any action that undermines the integrity or aesthetics of the property. Vandalism is often considered a form of antisocial behavior and can result in legal consequences.
- venire
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A legal term referring to the process of summoning potential jurors from the community to appear for jury selection in a court case. The venire is the pool of individuals from which the final jury panel will be selected through a process known as voir dire.
- venue
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The geographic location or jurisdiction where a criminal case is tried. It determines which court has the authority to hear and adjudicate the case based on factors such as where the crime occurred, where the defendant resides, or where significant aspects of the alleged offense took place. Proper venue ensures that legal proceedings ace conducted within the appropriate legal framework and jurisdictional boundaries according to established laws and procedural rules.
- vice crimes
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Illegal activities that are considered morally or socially unacceptable, often involving behaviors such as gambling, prostitution, drug use, and pornography. Although these crimes are typically non-violent in nature, they are prohibited by law due to their perceived harmful effects on individuals or society and are subject to legal penalties.
- Victim
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An individual who suffers, either physically, psychologically, emotionally, or economically, as a direct or indirect result of illegal activities.
- Victim Fabrication
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A person makes up a story about how they have been victimized, which is patently false or flawed. Examples would include filing a false report, claiming injury by another, etc.
- Victim Facilitation
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A person unknowingly makes it easier to be victimized, by acting negligently, recklessly, or foolishly.
- victim impact statements
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Formal written or spoken statements prepared by victims of crime or their representatives, detailing the emotional, physical, financial, and psychological effects of the crime on the victim and their families. These statements are typically presented to the court during sentencing proceedings to provide insight into the harm caused by the offense and to help inform judicial decision-making. Victim Impact Statements serve to give victims a voice within the criminal justice process and acknowledge their experiences and their impact.
- Victim Inaction
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A person is victimized, but due to one or more reasons, does nothing toward reporting the crime or seeking resources.
- Victim Precipitation
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A person has significantly contributed to their victimization. An example: the person engages in a violent verbal confrontation with someone which leads to a physical assault.
- Victim Provocation
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A person who provokes a violent act then becomes a victim as a result. Seen frequently in domestic violence assault, where the initial primary aggressor is injured or killed by the abused party.
- Victim Resources
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A host of public and private organizations, including governmental, nonprofit and faith-based, health care, tribal, for-profit, educational, and individual sources, who provide services, support and guidance to victims.
- Victime Proneness
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Peripheral circumstances exist that are almost totally beyond the control of the victim, yet contribute to a situation where a person is at high risk of victimization
- Victimless Crimes
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Certain activities which, under the law, are prohibited, or that are held in scorn by society. Examples are gambling, prostitution, viewing pornography, etc. Engagement in these crimes may impact others in society.
- Victims
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Groups, or even impersonal entities who suffer, either physically, psychologically, emotionally, or economically, as a direct or indirect result of illegal activities.
- violent crimes
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Criminal acts that involve the intentional use of physical force or threat of force against another person or property, resulting in harm, injury, or death. Examples of violent crimes include assault, homicide, robbery, sexual assault, and domestic violence. These offenses often carry severe legal penalties due to the significant harm they cause to individuals and society.
- voir dire
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A part of the jury selection procedure during pre-trial where potential jurors are questioned by the prosecution and defense attorneys and the judiciary to determine their suitability and impartiality for serving on the jury. The purpose of voir dire is to select a fair and impartial jury to hear the case by identifying any biases or prejudices that could influence a juror's ability to render an unbiased verdict.
- Walnut St. Jail
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The first penitentiary facility in the U.S., located in Philadelphia, Pennsylvania. Established in 1773, it was designed as a model institution focused on solitary confinement and the rehabilitation of inmates through reflection and penance. The Walnut Street Jail is significant for introducing the concept of imprisonment as punishment and for laying the foundation for modern correctional practices.
- War on Crime
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A series of government initiatives, policies, and legislation aimed at reducing crime rates and combating criminal activity within a society. This term gained prominence in the mid-20th century, particularly in the U.S., where it was associated with increased law enforcement efforts, harsher sentencing laws, and the expansion of the criminal justice system. The War on Crime often involves measures such as increased police presence, tougher penalties for offenders, and the implementation of crime prevention programs. Critics argue that such initiatives can lead to issues of mass incarceration, racial disparities in the justice system, and infringement on civil liberties.
- War on Drugs
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Government policies and initiatives aimed at reducing the production, distribution, and consumption of illegal drugs through law enforcement, public education, and treatment programs, typically involves strict enforcement of drug laws, including the arrest and prosecution of drug offenders, as well as efforts to interdict drug trafficking operations domestically and internationally. Initiated in the U.S. in the 1970s, the War on Drugs encompasses various law enforcement efforts, legislative measures, and public awareness campaigns. This approach has been criticized for its social and economic impact, including mass incarceration, racial disparities in enforcement, limited success in curbing drug abuse, and perpetuated violence associated with the illicit drug trade, while proponents argue that it has reduced drug-related crime and improved public health and safety.
- Warden
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A senior administrative official responsible for the overall management and operation of a prison or correctional facility, including oversight of staff, inmate welfare, security protocols, and facility maintenance. The warden plays a crucial role in ensuring the safe and efficient functioning of the institution while upholding relevant laws, regulations, and policies.
- White-Collar Crime
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A sociological concept encompassing any violation of the law committed by a person or group of persons in the course of otherwise respected and legitimate occupation or business enterprise.
- Wickersham Commission
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Wickersham Commission: A colloquial term for the National Commission on Law Observance and Enforcement, established in 1929 by President Herbert Hoover to study the U.S. criminal justice system. Led by former Attorney General George W. Wickersham, the commission conducted extensive investigations into various aspects of law enforcement, criminal justice, and prohibition enforcement. Its findings and recommendations influenced significant reforms in policing, the legal system, and prohibition enforcement during the early 20th century.
- writ of certiorari
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A legal order issued by a higher court, typically an appellate court, to review a decision made by a lower court. This writ grants discretionary power to the higher court to decide whether to hear the case, usually focusing on issues of law rather than fact. The writ of certiorari is often used to challenge the legality or constitutionality of a lower court's ruling in order to ensure uniformity in the interpretation and application of the law, particularly in cases involving constitutional issues or significant legal questions.
- xenophobia
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The irrational fear, prejudice, or aversion towards people from other countries or cultures that are perceived as foreign or different, often based on characteristics such as nationality, ethnicity, or culture, manifesting in discrimination, distrust, hostility, or even acts of violence directed towards individuals perceived as outsiders or unfamiliar, often leading to social, economic, or political marginalization.
- zeitgeists
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The defining spirit or mood of a particular period in history, often characterized by the prevailing attitudes, beliefs, and cultural trends of that time. It encapsulates the collective consciousness and societal ethos of an era, influencing various aspects of life including art, literature, politics, and philosophy. The term originates from German, where "zeit" means "time" and "geist" means "spirit" or "mind." Understanding the zeitgeist of a given era provides valuable insight into the social, political, and cultural dynamics shaping that period.
- zero-tolerance policing
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A law enforcement strategy characterized by the strict enforcement of all criminal statutes, regardless of the severity of the offense, aiming to maintain public order and prevent more serious crimes by cracking down on minor infractions and offenses, often involving aggressive policing tactics, such as increased patrols, stop-and-frisk practices, and the swift prosecution of offenders for even minor offenses. The underlying principle to this approach asserts that by addressing low-level criminal offenses and disorder creates an environment of lawfulness that is inhospitable to more serious criminal activity.