Criminal Justice Today: An Introductory Text for the 21st Century

662 Pages·58.03 MB·English

by  Schmalleger, Frank

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Criminal Justice Today
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Introductory Text for the 21st Century
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ISBN 978-1-29204-146-9
9 781292 041469
Pearson New International Edition

Criminal Justice Today
Introductory Text for the 21st Century
Frank J. Schmalleger
Twelfth Edition
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ISBN 10: 1-292-04146-3
ISBN 13: 978-1-292-04146-9
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ISBN 10: 1-292-04146-3
ISBN 10: 1-269-37450-8
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P E A R S O N C U S T O M L I B R AR Y
Table of Contents
1. Glossary
Frank Schmalleger 1
2. What Is Criminal Justice?
Frank Schmalleger 23
3. The Crime Picture
Frank Schmalleger 49
4. The Search for Causes
Frank Schmalleger 89
5. Criminal Law
Frank Schmalleger 125
6. Policing: History and Structure
Frank Schmalleger 153
7. Policing: Purpose and Organization
Frank Schmalleger 177
8. Policing: Legal Aspects
Frank Schmalleger 213
9. Policing: Issues and Challenges
Frank Schmalleger 257
10. The Courts: Structure and Participants
Frank Schmalleger 287
11. Pretrial Activities and the Criminal Trial
Frank Schmalleger 323
12. Sentencing
Frank Schmalleger 351
13. Probation, Parole, and Community Corrections
Frank Schmalleger 393
I
445555666260259222111395379
14. Prisons and Jails
Frank Schmalleger 421
15. Prison Life
Frank Schmalleger 461
16. Juvenile Justice
Frank Schmalleger 501
17. Drugs and Crime
Frank Schmalleger 523
18. Terrorism and Multinational Criminal Justice
Frank Schmalleger 559
19. The Future of Criminal Justice
Frank Schmalleger 595
20. Appendix: List of Acronyms
Frank Schmalleger 623
21. Appendix: The Bill of Rights
Frank Schmalleger 627
Index 629
II
Glossary
Criminal Justice Today contains hundreds of terms the defendant is not guilty of the offense or it more grave than the average instance of that
commonly used in the field of criminal justice. offenses for which he or she was tried. crime. See also mitigating circumstances.
This glossary contains many more. Wherever
actus reus An act in violation of the law. Also, alias Any name used for an official purpose
they appear in the book, all concepts are ex-
a guilty act. that is different from a person’s legal name.
plained whenever p ossible according to defini-
tions provided by the Bureau of Justice Statistics adjudication The process by which a court alibi A statement or contention by an indi-
under a mandate of the Justice System Improve- arrives at a decision regarding a case. Also, the vidual charged with a crime that he or she was
ment Act. That mandate was to create a consis- resultant decision. so distant when the crime was committed, or
tent terminology set for use by criminal justice so engaged in other provable activities, that his
adjudicatory hearing The fact-finding
students, practitioners, and planners. It found its or her participation in the commission of that
process by which the juvenile court deter-
most complete expression in the D ictionary of crime was impossible.
mines whether there is sufficient evidence to
Criminal Justice Data Terminology,1 the second edi-
sustain the allegations in a petition. alter ego rule In some jurisdictions, a rule
tion of which provides many of our definitions.
of law that holds that a person can defend a
Others are derived from the FBI’s Uniform ADMAX Administrative maximum. The third party only under circumstances and only
Crime Reporting Program and are taken from term is used by the federal government to to the degree that the third party could legally
the most recent edition of the agency’s Uniform denote ultra-high-security prisons. act on his or her own behalf.
Crime Reporting Handbook.2
administration of justice The perfor- alternative sanctions See intermediate
Standardization of terminology is im-
mance of any of the following activities: detec- sanctions.
portant because American criminal justice
tion, apprehension, detention, pretrial release,
agencies, justice practitioners, and involved alternative sentencing The use of court-
post-trial release, prosecution, adjudication,
citizens now routinely communicate between ordered community service, home detention,
correctional supervision, or rehabilitation of
and among themselves, often over consid- day reporting, drug treatment, psychological
accused persons or criminal offenders.4
erable distances, about the criminal justice counseling, victim–offender programming, or
system and about justice-related issues. For admission In corrections, the entry of an intensive supervision in lieu of other, more tradi-
communications to be meaningful and ef- offender into the legal jurisdiction of a cor- tional sanctions, such as imprisonment and fines.
ficient, a shared terminology is necessary. rectional agency or into the physical custody
anomie A socially pervasive condition of
Standardization, however desirable, is not easy of a correctional facility.
normlessness. Also, a disjunction between
to achieve—sometimes because of legal and
adult A person who is within the original approved goals and means.
technical distinctions between jurisdictions
jurisdiction of a criminal court, rather than a
or because of variations in customary usage. anticipatory warrant A search warrant is-
juvenile court, because his or her age at the
In the words of the Bureau of Justice Statis- sued on the basis of probable cause to believe
time of an alleged criminal act was above a
tics, “It is not possible to construct a single that evidence of a crime, while not presently at
statutorily specified limit.
national standard criminal justice data termi- the place described, will likely be there when
nology where every term always means the adversarial system The two-sided struc- the warrant is executed.
same thing in all of its appearances. However, ture under which American criminal trial
Antiterrorism Act See USA PATRIOT
it is possible and necessary to standardize the courts operate. The adversarial system pits the
Act.
language that represents basic categorical dis- prosecution against the defense. In theory, jus-
tinctions.”3 Although this glossary should be tice is done when the most effective adversary appeal Generally, the request that a court
especially valuable to the student who will is able to convince the judge or jury that his or with appellate jurisdiction review the judg-
one day work in the criminal justice system, it her perspective on the case is the correct one. ment, decision, or order of a lower court and
should also prove beneficial to anyone seeking set it aside (reverse it) or modify it.
aftercare In juvenile justice usage, the status
a greater insight into that system.
or program membership of a juvenile who has appearance (court) The act of coming into
1983 lawsuit A civil suit brought under been committed to a treatment or confinement a court and submitting to its authority.
Title 42, Section 1983, of the U.S. Code against facility, conditionally released from the facility, appellant The person who contests the cor-
anyone who denies others their constitutional and placed in a supervisory or treatment program. rectness of a court order, judgment, or other
right to life, liberty, or property without due decision and who seeks review and relief in a
aggravated assault The unlawful, inten-
process of law. court having appellate jurisdiction. Also, the
tional inflicting, or attempted or threatened
person on whose behalf this is done.
abused child A child who has been physi- inflicting, of serious injury upon the person of
cally, sexually, or mentally abused. Most states another. While aggravated assault and simple as- appellate court A court whose primary
also consider a child who is forced into sault are standard terms for reporting purposes, function is to review the judgments of other
delinquent activity by a parent or guardian to most state penal codes use labels like first-degree courts and of administrative agencies.
be abused. and second-degree to make such distinctions.
appellate jurisdiction The lawful author-
acquittal The judgment of a court, based aggravating circumstances Circumstances ity of a court to review a decision made by a
on a verdict of a jury or a judicial officer, that relating to the commission of a crime that make lower court.
From Criminal Justice Today: An Introductory Text for the 21st Century, Twelfth Edition. Frank Schmalleger. Copyright © 2013 by Pearson Education,
Inc. All rights reserved.
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Glossary
arraignment Strictly, the hearing before a jurisdiction, and authorized to advise, repre- 2. A pattern of psychological symptoms that
court having jurisdiction in a criminal case in sent, and act for others in legal proceedings. develops after somebody has lived in a batter-
which the identity of the defendant is estab- Also called lawyer; legal counsel. ing relationship. 3. A pattern of responses and
lished, the defendant is informed of the charge perceptions presumed to be characteristic of
Auburn system A form of imprisonment
and of his or her rights, and the defendant is women who have been subjected to continu-
developed in New York State around 1820 that
required to enter a plea. Also, in some usages, ous physical abuse by their mates.6
depended on mass prisons, where prisoners
any appearance in criminal court before trial.
were held in congregate fashion and required behavioral conditioning A psychologi-
arrest The act of taking an adult or j uvenile to remain silent. This style of imprisonment cal principle that holds that the frequency of
into physical custody by authority of law for was a primary competitor with the Pennsyl- any behavior can be increased or decreased
the purpose of charging the person with a vania system. through reward, punishment, and association
criminal offense, a delinquent act, or a status with other stimuli.
augmented reality (AR) The real-time
offense, terminating with the recording of a
and accurate overlay of digital information on bench warrant A document issued by a
specific offense. Technically, an arrest occurs
a user’s real-world experience, through visual, court directing that a law enforcement offi-
whenever a law enforcement officer curtails a
aural, and/or tactile interfaces.5 The computer cer bring a specified person before the court.
person’s freedom to leave.
readouts superimposed on the visual fields of A bench warrant is usually issued for a person
arrest (UCR/NIBRS) Each separate in- the fictional cyborgs in the RoboCop and Ter- who has failed to obey a court order or a no-
stance in which a person is taken into physical minator movies provide an example. tice to appear.
custody or is notified or cited by a law enforce-
ment officer or agency, except those incidents backlog (court) The number of cases bias crime See hate crime.
relating to minor traffic violations. awaiting disposition in a court that exceeds the
Bill of Rights The popular name given to
court’s capacity for disposing of them within
arrest rate The number of arrests reported the first ten amendments to the U.S. Constitu-
the period of time considered appropriate.
for each unit of population. tion, which are considered especially impor-
bail The money or property pledged to the tant in the processing of criminal defendants.
arrest warrant A document issued by a
court or actually deposited with the court to
judicial officer that directs a law enforcement bind over To require by judicial authority
effect the release of a person from legal custody.
officer to arrest an identified person who has that a person promise to appear for trial, appear
been accused of a specific offense. bail bond A document guaranteeing the ap- in court as a witness, or keep the peace. Also,
pearance of a defendant in court as required the decision by a court of limited jurisdiction
arson (UCR/NIBRS) Any willful or ma-
and recording the pledge of money or property requiring that a person charged with a felony
licious burning or attempting to burn, with or
to be paid to the court if he or she does not appear for trial on that charge in a court of
without intent to defraud, a dwelling house,
appear, which is signed by the person to be general jurisdiction, as the result of a finding of
public building, motor vehicle or aircraft, per-
released and anyone else acting on his or her probable cause at a preliminary hearing held in
sonal property of another, and so on. Some
behalf. the court of limited jurisdiction.
instances of arson result from malicious mischief,
some involve attempts to claim insurance money, bail bond agent A person, usually licensed, biocrime A criminal offense perpetrated
and some are committed in an effort to disguise whose business it is to effect release on bail for through the use of biologically active substances,
other crimes, such as murder, burglary, or larceny. people charged with offenses and held in cus- including chemicals and toxins, disease-causing
Ashurst-Sumners Act Federal legislation tody, by pledging to pay a sum of money if the organisms, altered genetic material, and organic
of 1935 that effectively ended the industrial defendant fails to appear in court as required. tissues and organs. Biocrimes unlawfully affect
prison era by restricting interstate commerce bailiff The court officer whose duties are to the metabolic, biochemical, genetic, physiologi-
in prison-made goods. keep order in the courtroom and to maintain cal, or anatomical status of living organisms.
assault (UCR/NIBRS) An unlawful a ttack physical custody of the jury. Biological School A perspective on crimi-
by one person upon another. Historically, bail revocation A court decision withdraw- nological thought that holds that criminal be-
assault meant only the attempt to inflict injury ing the status of release on bail that was previ- havior has a physiological basis.
on another person; a completed act constituted ously conferred on a defendant.
biological weapon A biological agent used
the separate offense of battery. Under modern
statistical usage, however, attempted and com- balancing test A principle, developed by to threaten human life (for example, anthrax,
pleted acts are grouped together under the the courts and applied to the corrections arena smallpox, or any infectious disease).7
generic term assault. by Pell v. Procunier (1974), that attempts to biometrics The science of recognizing peo-
weigh the rights of an individual, as guaranteed
ple by physical characteristics and personal traits.
assault on a law enforcement officer A
by the Constitution, against the authority of
simple or aggravated assault in which the vic- states to make laws or to otherwise restrict a bioterrorism The intentional or threatened
tim is a law enforcement officer engaged in the person’s freedom in order to protect the state’s use of viruses, bacteria, fungi, or toxins from
performance of his or her duties. interests and its citizens. living organisms to produce death or disease in
atavism A condition characterized by the humans, animals, or plants.8
ballistics The analysis of firearms, ammuni-
existence of features thought to be common in
tion, projectiles, bombs, and explosives. Bivens action A civil suit, based on the case
earlier stages of human evolution.
of Bivens v. Six Unknown Federal Agents, brought
battered women’s syndrome (BWS) 1. A
attendant circumstances The facts sur- against federal government officials for deny-
series of common characteristics that appear
rounding an event. ing the constitutional rights of others.
in women who are abused physically and psy-
attorney A person trained in the law, chologically over an extended period of time blended sentence A juvenile court disposi-
admitted to practice before the bar of a given by the dominant male figure in their lives. tion that imposes both a juvenile sanction and
2
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an adult criminal sentence upon an adjudicated of varying degrees of seriousness. Also called the evidence indicates. From the proximity of
delinquent. The adult sentence is suspended if professional criminal. the defendant to a smoking gun, for example, the
the juvenile offender successfully completes jury might conclude that he or she pulled the
carnal knowledge Sexual intercourse, co-
the term of the juvenile disposition and refrains trigger.
itus, sexual copulation. Carnal knowledge is
from committing any new offense.9
accomplished “if there is the slightest penetra- citation (to appear) A written order issued
bobbies The popular British name given to tion of the sexual organ of the female by the by a law enforcement officer directing an al-
members of Sir Robert (Bob) Peel’s Metro- sexual organ of the male.”10 leged offender to appear in a specific court at a
politan Police Force. specified time to answer a criminal charge and
case law The body of judicial precedent, his-
not permitting forfeit of bail as an alternative
booking A law enforcement or correctional torically built on legal reasoning and past inter-
to court appearance.
administrative process officially recording an pretations of statutory laws, that serves as a guide
entry into detention after arrest and identify- to decision making, especially in the courts. citizen’s arrest The taking of a person into
ing the person, the place, the time, the reason physical custody by a witness to a crime other
caseload The number of probation or parole
for the arrest, and the arresting authority. than a law enforcement officer for the purpose
clients assigned to one probation or parole of-
of delivering him or her to the physical cus-
Bow Street Runners An early English po- ficer for supervision. tody of a law enforcement officer or agency.
lice unit formed under the leadership of Henry
caseload (corrections) The total number
Fielding, magistrate of the Bow Street region civil death The legal status of prisoners in
of clients registered with a correctional agency
of London. some jurisdictions who are denied the op-
or agent on a given date or during a specified
portunity to vote, hold public office, marry, or
broken windows thesis A perspective on time period, often divided into active supervi- enter into contracts by virtue of their status as
crime causation that holds that the physical sory cases and inactive cases, thus distinguish- incarcerated felons. While civil death is pri-
deterioration of an area leads to higher crime ing between clients with whom contact is marily of historical interest, some jurisdictions
rates and an increased concern for personal regular and those with whom it is not. still limit the contractual opportunities avail-
safety among residents. caseload (court) The number of cases re- able to inmates.
Bureau of Justice Statistics (BJS) A U.S. quiring judicial action at a certain time. Also, civil justice The civil law, the law of civil
Department of Justice agency responsible for the number of cases acted on in a given court procedure, and the array of procedures and
the collection of criminal justice data, includ- during a given period. activities having to do with private rights and
ing the annual National Crime Victimization remedies sought by civil action. Civil justice
certiorari See writ of certiorari.
Survey. cannot be separated from social justice because
chain of command The unbroken line of the justice enacted in our nation’s civil courts
burglary By the narrowest and oldest defi-
authority that extends through all levels of an reflects basic American understandings of right
nition, the trespassory breaking and entering of
organization, from the highest to the lowest. and wrong.
the dwelling house of another in the nighttime
with the intent to commit a felony. change of venue The movement of a trial civil law The branch of modern law that
or lawsuit from one jurisdiction to another or governs relationships between parties.
burglary (UCR/NIBRS) The unlawful from one location to another within the same
entry of a structure to commit a felony or a jurisdiction. A change of venue may be made civil liability Potential responsibility for
theft (excludes tents, trailers, and other mobile in a criminal case to ensure that the defendant payment of damages or other court-ordered
units used for recreational purposes). For the receives a fair trial. enforcement as a result of a ruling in a lawsuit.
UCR/NIBRS Program, the crime of burglary Civil liability is not the same as criminal li-
can be reported if (1) an unlawful entry of an charge An allegation that a specified person ability, which means “open to punishment for
unlocked structure has occurred, (2) a breaking has committed a specific offense, recorded in a a crime.”11
and entering (of a secured structure) has taken functional document such as a record of an ar-
class-action lawsuit A lawsuit filed by one
place, or (3) a burglary has been attempted. rest, a complaint, an information or indictment,
or more people on behalf of themselves and
or a judgment of conviction. Also called count.
capacity (legal) The legal ability of a person a larger group of people “who are similarly
to commit a criminal act. Also, the mental and Chicago School A sociological approach situated.”12
physical ability to act with purpose and to be that emphasizes demographics (the characteris-
Classical School An eighteenth-century
aware of the certain, probable, or possible re- tics of population groups) and geographics (the
approach to crime causation and criminal re-
sults of one’s conduct. mapped location of such groups relative to one
sponsibility that grew out of the Enlighten-
another) and that sees the social disorganiza-
capacity (prison) See prison capacity. tion that characterizes delinquency areas as a ment and that emphasized the role of free will
and reasonable punishments. Classical thinkers
major cause of criminality and victimization.
capital offense A criminal offense punish- believed that punishment, if it is to be an ef-
able by death. child abuse The illegal physical, emotional, fective deterrent, has to outweigh the potential
or sexual mistreatment of a child by his or her pleasure derived from criminal behavior.
capital punishment The death penalty.
parent or guardian.
Capital punishment is the most extreme of all classification system A system used by
sentencing options. child neglect The illegal failure by a parent prison administrators to assign inmates to cus-
or guardian to provide proper nourishment or tody levels based on offense history, assessed
career criminal In prosecutorial and law
care to a child. dangerousness, perceived risk of escape, and
enforcement usage, a person who has a past
other factors.
record of multiple arrests or convictions for circumstantial evidence Evidence that re-
serious crimes or who has an unusually large quires interpretation or that requires a judge clearance (UCR/NIBRS) The event in
number of arrests or convictions for crimes or jury to reach a conclusion based on what which a known occurrence of a Part I offense
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is followed by an arrest or another decision that community court A low-level court that concurrence The coexistence of (1) an act
indicates that the crime has been solved. focuses on quality-of-life crimes that erode a in violation of the law and (2) a culpable men-
neighborhood’s morale. Community courts tal state.
clearance rate A traditional measure of
emphasize problem solving rather than pun-
investigative effectiveness that compares the concurrent sentence One of two or more
ishment and build on restorative principles like
number of crimes reported or discovered to sentences imposed at the same time, after con-
community service and restitution.
the number of crimes solved through arrest or viction for more than one offense, and served at
other means (such as the death of the suspect). community policing “A collaborative the same time. Also, a new sentence for a new
effort between the police and the community conviction, imposed upon a person already un-
clemency An executive or legislative a ction
that identifies problems of crime and disorder der sentence for a previous offense, served at
in which the severity of punishment of a single
and involves all elements of the community in the same time as the previous sentence.
person or a group of people is reduced, the
the search for solutions to these problems.”13
punishment is stopped, or the person or group concurring opinion An opinion written by
is exempted from prosecution for c ertain community service A sentencing alterna- a judge who agrees with the conclusion reached
actions. tive that requires offenders to spend at least part by the majority of judges hearing a case but
of their time working for a community agency. whose reasons for reaching that conclusion dif-
closing argument An oral summation of a
fer. Concurring opinions, which typically stem
case presented to a judge, or to a judge and comparative criminologist One who stud-
from an appellate review, are written to identify
jury, by the prosecution or by the defense in a ies crime and criminal justice on a cross-national
issues of precedent, logic, or emphasis that are
criminal trial. level.
important to the concurring judge but that were
club drug A synthetic psychoactive sub- compelling interest A legal concept that not identified by the court’s majority opinion.
stance often found at nightclubs, bars, “raves,” provides a basis for suspicionless searches when
conditional release The release by execu-
and dance parties. Club drugs include MDMA public safety is at stake. (Urinalysis tests of train
tive decision of a prisoner from a federal or state
(Ecstasy), ketamine, methamphetamine (meth), engineers are an example.) It is the concept
correctional facility who has not served his or
GBL, PCP, GHB, and Rohypnol. on which the U.S. Supreme Court cases of
her full sentence and whose freedom is con-
Skinner v. Railway Labor Executives’ Association
codification The act or process of rendering tingent on obeying specified rules of behavior.
(1989) and National Treasury Employees Union v.
laws in written form. Von Raab (1989) turned. In those cases, the conditions of parole (probation) The
cohort A group of individuals sharing simi- Court held that public safety may sometimes general and special limits imposed on an of-
larities of age, place of birth, and residence. provide a sufficiently compelling interest to fender who is released on parole (or probation).
Cohort analysis is a social science technique justify limiting an individual’s right to privacy. General conditions tend to be fixed by state stat-
that tracks cohorts over time to identify the compensatory damages Damages recov- ute, while special conditions are mandated by
unique and observable behavioral traits that ered in payment for an actual injury or eco- the sentencing authority (court or board) and
characterize them. nomic loss. take into consideration the background of the
offender and the circumstances of the offense.
comes stabuli A nonuniformed mounted competent to stand trial A finding by a
confinement In corrections, the physical
law enforcement officer of medieval England. court that the defendant has sufficient present
restriction of a person to a clearly defined area
Early police forces were small and relatively ability to consult with his or her attorney with
from which he or she is lawfully forbidden to
unorganized but made effective use of local re- a reasonable degree of rational understanding
depart and from which departure is usually
sources in the formation of posses, the pursuit and that the defendant has a rational as well
constrained by architectural barriers, guards or
of offenders, and the like. as factual understanding of the proceedings
other custodians, or both.
against him or her.
commitment The action of a judicial offi-
conflict model A criminal justice perspec-
cer in ordering that a person subject to judicial complaint Generally, any accusation that a
tive that assumes that the system’s components
proceedings be placed in a particular kind of person has committed an offense, received by
function primarily to serve their own interests.
confinement or residential facility for a specific or originating from a law enforcement or pros-
According to this theoretical framework, jus-
reason authorized by law. Also, the result of the ecutorial agency or received by a court. Also,
tice is more a product of conflicts among agen-
action—that is, the admission to the facility. in judicial process usage, a formal document
cies within the system than it is the result of
submitted to the court by a prosecutor, law en-
common law Law originating from usage cooperation among component agencies.
forcement officer, or other person, alleging that
and custom rather than from written statutes.
a specified person has committed a specific of- conflict perspective A theoretical approach
The term refers to an unwritten body of judi-
fense and requesting prosecution. that holds that crime is the natural consequence
cial opinion, originally developed by English
of economic and other social inequities. Con-
courts, that is based on nonstatutory customs, CompStat A crime-analysis and police-
flict theorists highlight the stresses that arise
traditions, and precedents that help guide judi- management process, built on crime mapping,
among and within social groups as they com-
cial decision making. that was developed by the New York City Po-
pete with one another for resources and for
lice Department in the mid-1990s.
community-based corrections See com- survival. The social forces that result are viewed
munity corrections. computer crime See cybercrime. as major determinants of group and individual
behavior, including crime.
community corrections The use of a computer virus A computer program de-
variety of officially ordered program-based signed to secretly invade systems and either consecutive sentence One of two or more
sanctions that permit convicted offenders to modify the way in which they operate or alter sentences imposed at the same time, after con-
remain in the community under conditional the information they store. Viruses are destruc- viction for more than one offense, and served
supervision as an alternative to an active prison tive software programs that may effectively in sequence with the other sentence. Also, a
sentence. Also called community-based corrections. vandalize computers of all types and sizes. new sentence for a new conviction, imposed
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upon a person already under sentence for a adjudicated adult offenders, youthful offenders, courtroom work group The professional
previous offense, which is added to the pre- delinquents, and status offenders. courtroom actors, including judges, prosecuting
vious sentence, thus increasing the maximum attorneys, defense attorneys, public defenders,
corruption See police corruption.
time the offender may be confined or under and others who earn a living serving the court.
supervision. Cosa Nostra A secret criminal organization
credit card fraud The use or attempted
of Sicilian origin. Also called Mafia.
consensus model A criminal justice per- use of a credit card to obtain goods or services
spective that assumes that the system’s compo- counsel (legal) See attorney. with the intent to avoid payment.
nents work together harmoniously to achieve
count (offense) See charge. crime Conduct in violation of the criminal
the social product we call justice.
laws of a state, the federal government, or a lo-
constitutive criminology The study of court An agency or unit of the judicial cal jurisdiction, for which there is no legally
the process by which human beings create an branch of government, authorized or estab- acceptable justification or excuse.
ideology of crime that sustains the notion of lished by statute or constitution and consisting
crime as a concrete reality. of one or more judicial officers, which has the crime-control model A criminal justice
authority to decide cases, controversies in law, perspective that emphasizes the efficient arrest
containment The aspects of the social bond and disputed matters of fact brought before it. and conviction of criminal offenders.
and of the personality that act to prevent indi-
viduals from committing crimes and engaging court calendar The court schedule; the list Crime Index A now defunct but once inclu-
in deviance. of events comprising the daily or weekly work sive measure of the UCR Program’s violent and
of a court, including the assignment of the time property crime categories, or what are called
contempt of court Intentionally obstruct- and place for each hearing or other item of Part I offenses. The Crime Index, long featured in
ing a court in the administration of justice, business or the list of matters that will be taken the FBI’s publication Crime in the United States,
acting in a way calculated to lessen the court’s up in a given court term. Also called docket. was discontinued in 2004. The index had been
authority or dignity, or failing to obey the intended as a tool for geographic (state-to-state)
court’s lawful orders. court clerk An elected or appointed court and historical (year-to-year) comparisons via
officer responsible for maintaining the writ-
the use of crime rates (the number of crimes
controlled substance A specifically defined ten records of the court and for supervising or
per unit of population). However, criticism that
bioactive or psychoactive chemical substance performing the clerical tasks necessary for con-
the index was misleading arose after research-
proscribed by law. ducting judicial business. Also, any employee
ers found that the largest of the index’s crime
Controlled Substances Act (CSA) Title II of a court whose principal duties are to assist categories, larceny-theft, carried undue weight
of the Comprehensive Drug Abuse Prevention the court clerk in performing the clerical tasks and led to an underappreciation of changes in
and Control Act of 1970, which established necessary for conducting judicial business. the rates of more violent and serious crimes.
schedules classifying psychoactive drugs ac-
court disposition 1. For statistical reporting
crime prevention The anticipation, recog-
cording to their degree of psychoactivity.
purposes, generally, the judicial decision termi-
nition, and appraisal of a crime risk and the
conviction The judgment of a court, based nating proceedings in a case before judgment initiation of action to eliminate or reduce it.
on the verdict of a jury or judicial officer or is reached. 2. The judgment. 3. The outcome of
on the guilty plea or nolo contendere plea of the judicial proceedings and the manner in which crime rate The number of offenses reported
defendant, that the defendant is guilty of the the outcome was arrived at. for each unit of population.
offense with which he or she has been charged. court-martial A military court convened crime scene The physical area in which a
corporate crime A violation of a criminal by senior commanders under the authority crime is thought to have occurred and in which
statute by a corporate entity or by its execu- of the Uniform Code of Military Justice for evidence of the crime is thought to reside.
tives, employees, or agents acting on behalf of the purpose of trying a member of the armed
crime-scene investigator An expert trained
and for the benefit of the corporation, partner- forces accused of a violation of the code.
in the use of forensics techniques, such as gath-
ship, or other form of business entity.14
court of last resort The court authorized ering DNA evidence, collecting fingerprints,
corpus delicti The facts that show that a crime by law to hear the final appeal on a matter. photographing the scene, sketching, and inter-
has occurred. The term literally means “the viewing witnesses.
court of record A court in which a com-
body of the crime.”
plete and permanent record of all proceedings crime typology A classification of crimes
correctional agency A federal, state, or lo- or specified types of proceedings is kept. along a particular dimension, such as legal cat-
cal criminal or juvenile justice agency, under a egories, offender motivation, victim behavior,
court order A mandate, command, or direc-
single administrative authority, whose principal or the characteristics of individual offenders.
tion issued by a judicial officer in the exercise
functions are the intake screening, supervision,
of his or her judicial authority. criminal homicide (UCR/NIBRS) The
custody, confinement, treatment, or presen-
act of causing the death of another person
tencing or predisposition investigation of al- court probation A criminal court require-
without legal justification or excuse.
leged or adjudicated adult offenders, youthful ment that an offender fulfill specified con-
offenders, delinquents, or status offenders. ditions of behavior in lieu of a sentence to criminal incident In National Crime
confinement, but without assignment to a pro- Victimization Survey terminology, a criminal
corrections A generic term that includes
bation agency’s supervisory caseload. event involving one or more victims and one
all government agencies, facilities, programs,
or more offenders.
procedures, personnel, and techniques con- court reporter A person present during ju-
cerned with the intake, custody, confinement, dicial proceedings who records all testimony criminal intelligence Information compiled,
supervision, treatment, and presentencing and other oral statements made during the analyzed, or disseminated in an effort to antici-
and predisposition investigation of alleged or proceedings. pate, prevent, or monitor criminal activity.15
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