Orientation to Criminal Justice

Description

Commonly used terms within the Criminal Justice and Legal Systems, including key concepts, with descriptions and answers.
Mish Madison
Flashcards by Mish Madison, updated more than 1 year ago
Mish Madison
Created by Mish Madison almost 4 years ago
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Resource summary

Question Answer
criminal justice system The overall system used to detect, report, investigate, and prosecute crime in our society.
a crime Any type of human activity that’s forbidden by law and that has a specific punishment attached to it by the legal system.
Law Enforcement System Police and security personnel who detect and investigate crimes.
Legal System Prosecutors and judges who determine the guilt or innocence of people who are accused of crimes.
Corrections System Jails, prisons, probation, and parole which carries out the punishments determined by the legal system.
The 3 basic branches of the criminal justice system in the United States 1. law enforcement; 2. the legal system and; 3. corrections
Civil Law Also called Tort Law, is the body of laws that covers disputes between individuals.
reimbursement (civil law) The only possible penalty in a civil lawsuit. Also referred to as "damages." (There is no "punishment" under civil law.)
punishment (criminal law) incarceration in a jail or prison, fines paid to the government, or in extreme cases, the death penalty
Criminal Law covers crimes that carry the specific threat of punishment with them, such as burglary, arson, assault, and homicide
tort An act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. (Cornell Law School) https://www.law.cornell.edu/wex/tort
Contract Law an area of United States law that involves agreements between people, businesses, and groups. (Cornell Law School) https://www.law.cornell.edu/wex/contract
Criminology The formal, organized study of crime, the causes of crime, society’s response to crime, crime prevention techniques, and the effectiveness of correction and rehabilitation methods.
Sociology The study of society, relationships, and social institutions.
Psychology The study of the mind and human behavior.
3 methods criminologists use to study crime are: Conducting research; Compiling data; and Analyzing statistics
What are 2 goals of Criminology? To explain the root causes of crime; Recommend methods to eradicate crime
Name some possible causes or theories of the causes of criminal behavior that many criminologists commonly accept. Answers include societal and environmental issues beyond the control of the individual; personal factors; psychiatric disorders and mental instability; reactions to stress; childhood disturbances, abuse and familial instability, alcohol use and drug abuse.
criminal profiling An investigative science wherein crime data is reviewed and analyzed in order to construct a detailed description (profile) of attributes and characteristics that a known or unknown perpetrator is likely to exhibit for the particular type of crime committed. (In my own words) From Collins Dictionary: The analysis of a person's psychological and behavioral characteristics, so as to assess whether they are likely to have committed a crime under investigation.
crime victim Any person (or group) who has suffered harm as the result of a crime. The harm can include financial loss, physical injury, psychological trauma, or even death.
primary crime victim The person who is directly victimized by a criminal and who experiences the most injury.
secondary crime victim Victims who experience the crime secondhand - often friends and family of the primary crime victim - and who may be even more traumatized than the primary victim.
crime prevention programs Programs developed to determine which groups of people are most likely to become crime victims and to develop ways to prevent those people from becoming victims before crime happens. (In my own words)
career criminal A criminal who plans his crimes and selects his or her victims in advance.
Victimologist Criminologist who uses informal, confidential surveys, as well as official police statistics to compile data about victimization rates and risks in order to formulate better ways to combat crime.
Victimology The formal study of crime victims. (A specialty field within Criminology.)
forensic genetic genealogy (FGG) The identification of suspects through DNA matches to family members. (Or a process whereby DNA profiles are used in conjunction with genealogy investigations to identify relatives of an unknown donor of a DNA sample.)
biometric database or Automated Biometric Identification System (ABIS) Computer data that is created during a biometric process, including samples, models, fingerprints, similarity scores and all verification or identification data, excluding the individual's name and demographics. (Examples are facial recognition, iris scans, DNA profiles, friction ridge impressions.)
biometrics or biometric data Markers used to identify or verify the identity of individuals that are based on unique and measurable biological or behavioral characteristics.
tenprint A complete set of fingerprints taken from an individual and collected on a single sheet, also referred to as "known prints" because the identity of the source of the impression is known.
latent print Fingerprint recovered from a crime scene or physical evidence, using chemical, physical and/or lighting techniques. Inevitably, these are often partial or highly fragmented making reliable automated matching challenging.
NamUs - National Missing and Unidentified Persons System A national, central repository and resource center for the records of missing and unidentified persons consisting of three primary databases: the Missing Persons Database, the Unidentified Persons Database, and the Unclaimed Persons Database.
DNA phenotyping The use of DNA information to predict the physical features of a person (their phenotype), such as eye, skin, and hair color.
DNA mixture interpretation The use of probabilistic software in DNA analyses in cases where multiple DNA profiles may be mixed together in evidence, allowing analysts to separate or interpret individual DNA profiles.
cold case Term used by the media to describe a criminal case that has remained unresolved for an extended period of time. It is not clearly defined, and definitions vary between agencies.
friction ridge impressions Raised portion of the epidermis on the fingers and palms of the hands and the plantar area and toes of the feet, often referred to as fingerprints or finger marks.
survivors Refers to victims and their circle of family and friends who are also affected by the victimization from the crime.
English Common Law Basic principles based on a cultural system of settling disputes through local custom
What is the definition of law? "Law, in its generic sense, is a body of rules of action or conduct prescribed by controlling authority, and having binding legal force." (United States Fidelity and Guaranty Co. v. Guenther 281 U.S. 34 (1930))
Common law is also referred to as: unwritten law
precedent The way cases have been decided in the past
statutes New laws based on the commands of the king or his government that were written mainly to cover situations that hadn’t occurred in the past and were not covered under common law.
Statute Law The system of English Statute Law was developed mainly to cover situations that hadn’t occurred in the past. New laws or statues were written to cover these situations, while the old common laws were still applied in any cases that didn’t have statutes applying to them.
ratified formally approved
Constitution of the United States A document that records the fundamental law of the United States
articles (of the US Constitution) Numbered sections of the Constitution that list the fundamental rights of citizens and describe the function of various governmental processes.
amendments articles added after the original Constitution was written
The Bill of Rights The first 10 amendments to the Constitution that outline the very basic freedoms in our system of government.
double jeopardy being tried more than once for the same crime
First Amendment relates to: religious freedom, the freedom of the press, and the right of the people to assemble and petition the government
Second Amendment relates to: the right of the people to keep and bear arms
Third Amendment prohibits: the quartering of soldiers in a house without the consent of the owner
Fourth Amendment protects: people and their property from unreasonable searches and seizures, and requires warrants for search and seizure to be issued only with probable cause
Fifth Amendment protects: offenders from being tried more than once for the same crime, from having to testify against himself in a criminal case, and from being deprived of life, liberty, or property without due process
probable cause the reasonable belief that the facts known to the police are sufficient to show that a person has committed, is committing, or is about to commit a crime
due process procedure whereby some type of fair and impartial hearing must take place.
Sixth Amendment secures: a defendant’s right to have a speedy and public trial by an impartial jury; informed of the charges against him or her, right to confronted the witnesses testifying against him or her, and right to have the assistance of defense counsel.
Seventh Amendment provides for: a trial by jury in civil cases
Eighth Amendment indicates that: excessive bail and fines may not be imposed, nor cruel and unusual punishments for crimes
Ninth Amendment secures: any rights held by the people in addition to those outlined in the Constitution. (In other words, rights not specifically mentioned in the Constitution may nonetheless be held by The People.)
Tenth Amendment indicates that: the Federal Government won’t override the powers of the individual states in certain matters. (In other words, rights not specifically granted to The People by the Constitution are reserved to the states and The People.)
search warrant an official order that authorizes the search of a person’s home, car, business, computer, or his or her physical body
Taking the Fifth position taken in a trial proceeding in which a person refuses to answer questions in court (usually involving answers which may incriminate the person)
Cruel and unusual punishment is defined as: a punishment that is so disproportionate to the crime committed that it "shocks the conscience and offends the fundamental notions of human dignity"
incriminate make someone appear guilty of a crime or wrongdoing; to strongly imply the guilt of someone
Name the components of due process (a fair and impartial trial), as provided for by the Sixth Amendment: 1. a speedy and public trial; 2. defendant must be clearly informed of the charges against him/her; 3. the right to be confronted with any witnesses against him; 4. the right to be represented by counsel.
grand jury a jury, typically of twenty-three people, selected to examine the validity of an accusation before trial.
Name the three-part method many state courts use to determine whether a sentence is cruel and unusual: 1. examine the facts of the offense and the nature of the offender; 2. compare the punishments in question with punishments for more serious crimes in the same jurisdiction; 3. compare the punishment in question to punishments applied to similar crimes in other jurisdictions.
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