Crime and Justice in America

An act that violates criminal law and is punishable by criminal sanctions.

Consensus Model & Conflict Model

Argues that the majority of citizens will agree on which activities should be outlawed and punished as crimes. It rests on the assumption that a diverse group of people can have similar morals.

Argues that in a diverse society, the dominant groups exercise power by codifying their value systems into criminal laws.

National/Federal, state and local/county

Criminal offenders are placed on probation, incarcerated in a jail or prison, transferred to community-based corrections facilities, or released on parole.

The formal criminal justice process involves the somewhat mechanical steps that are designed to guide criminal defendants from arrest to possible punishment. For every step in the formal process, though, someone has discretion, and such discretion leads to an informal process. Even when prosecutors believe that a suspect is guilty, they have the discretion not to prosecute, for example.

The moral principles that guide a person's perception of right and wrong.

Most criminal justice professionals have a great deal of discretionary leeway in their day-to-day decision making, and their ethical beliefs can help ensure that they make such decisions in keeping with society's established values.

The crime control model assumes that the criminal justice system is designed to protect the public from criminals. Thus, its most important function is to punish and repress criminal conduct. The due process model presumes that the accused are innocent and provides them with the most complete safeguards usually within the court system.

• -Falling violent and property crime rates
• -The impact of an extended recession on crime rates
• -Improved policing strategies
• -Street gangs
• -Gun sales & gun control
• -Use of illegal drugs
• -Homeland security 
• -The Patriot Act and civil liberties
• -America's shrinking inmate population
• -Cost-cutting measures in the corrections system
• -Possible bias against minorities in the criminal justice system
• -Social media in the criminal justice system

Methods to identify a person based on his or her unique physical characteristics, such as fingerprints or facial configuration.

A criminal act that makes the offender eligible to receive the death penalty

The basic rights and freedoms for American citizens guaranteed by the U.S. Constitution, particularly in the Bill of Rights.

A criminal justice model in which the content of criminal law is determined by the gouts that hold economic, political, and social power in a community.

A criminal justice model that places primary emphasis on the right of society to be protected from crime and violent criminals

The interlocking network of law enforcement agencies, courts, and corrections institutions designed to enforce criminal laws and protect society from criminal behavior

Behavior that is considered to go against the norms established by society

The ability of individuals in the criminal justice system to make operational decisions based on personal judgment instead of formal rules or official information

Any substance that modifies biological, psychological, or social behavior; in particular, an illegal substance with those properties.

A criminal justice model that places primacy on the right of the individual to be protected from the power of the government

A form of government in which a written constitution provides for a division of powers between a central government and several regional governments

The model of the criminal justice process ins which participants follow formal rules to create a smoothly functioning disposition of cases from arrest to punishment

Efforts by a government to regulate or control the sale of guns

A concerted national effort to prevent terrorist attacks within the United States and reduce the country's vulnerability to terrorism.

A model of the criminal justice system that recognizes the informal authority exercised by individuals at each step of the criminal justice process

The quality of fairness that must exist in the processes designed to determine whether individuals are guilty of criminal wrongdoing

Principles of right and wrong behavior, as practiced by individuals or by society

Chemicals that affect the brain, causing changes in emotions, perceptions, and behavior.

The act of committing a new crime after a person has already been punished for a previous crime by being convicted and sent to jail or prison

A group of people, usually three or more, who share a common identity and engage in illegal activities

A set of interacting parts that, when functioning properly, achieve a desired result

The use or threat of violence to achieve political objectives

• -Violent crimes
• -Property crimes
• -Public order crimes
• -White collar crime
• -Organized crime
• -High tech crimes

Murder, rape, assault, battery, and robbery

Pocket picking, shoplifting, larceny/theft, burglary, and arson

Public drunkenness, prostitution, gambling, and illicit drug use

Fraud and embezzlement

Crime undertaken by a number of persons who operate their activities much as legal business do

Sabotage, fraud, embezzlement, and theft of proprietary data from computer systems, as well as cyber crimes, such as selling child pornography over the Internet.

Part I offenses include the most violent crimes and several property crimes. Part II offenses include all other crimes recorded in the UCR. They generally cover less serious crimes and constitute the majority of crimes committed.

The NCVS involves an annual survey of more than 40,000 households conducted by the Bureau of Census along with the Bureau of Justice Statistics. The survey queries citizens on crimes that have been committed against them. As such, the NCVS includes crimes not necessarily reported tot eh police. Self-reported surveys, in contrast, ask individuals about criminal activity which they may have been a party.

Experts believe that many women are arrested and given harsh punishment for activity that would not have put them behind bars several decades ago. For the most part, this activity is nonviolent: the majority of female arrestees are involved in drug- and alcohol-related offenses and property crimes.

A hypothesis is a proposition, usually presented in an "If..., then..." format, that can be tested by researchers. If enough different authorities are able to test and verify a hypothesis, it will usually be accepted as a theory. Because theories can offer explanations for behavior, criminologists often rely on them when trying to determine the causes of criminal behavior.

Learning theory & control theory

Contends that people learn to be criminals from their family and peers

Holds that most of us are dissuaded from a  life of crime because we place importance on the opinions of family and peers

A chronic offender is a juvenile or adult who commits multiple offenses.

According to research conducted by Marvin Wolfgang and others int eh 1970s, chronic offenders are responsible for a disproportionately large percentage of all crime. In the decades since, law enforcement agencies and public prosecutors have developed strategies to identify and convict chronic offenders with the goal of lessening overall crime rates. In addition, legislators have passed laws that provide longer sentences for chronic offenders in an attempt to keep them off the streets.

One criminologist believes that first-time illegal drug users go through a "learning process" in taking up the habit. That is, more experienced users teach them the techniques of drug use, the pleasurable aspects of drug use, and the social experience of drug use.

A condition in which the individual suffers from the breakdown or absence of social norms.

A threat or an attempt to do violence to another present hat causes that person to fear immediate physical harm

The act of physically contacting another person with the intent to do harm, even if the resulting injury is insubstantial

The science of living organisms, including their structure, function, growth, and origin

The act of breaking into or entering a structure (such as a home or office) without permission for the purpose of committing a crime

The relationship in which a change in one measurement or behavior creates a recognizable change in another measurement or behavior

A delinquent or criminal who commits multiple offenses and is considered part of a small group of wrongdoers who are responsible for a majority of the antisocial activity in any given community

A series of theories that assume that all individuals have the potential for criminal behavior, but are restrained by the damage that such actions would do to their relationships with family, friends, and members o the community.

The relationship between two measurements or behaviors that tend to move in the same direction

A specialist in the field of crime and the causes of criminal behavior

The scientific study of crime and the causes of criminal behavior

A term used to describe the actual amount of crime that takes place. The "figure" is "dark," or impossible to detect, because a great number of crimes are never reported to the police

The use of drugs that results in physical or psychological problems for the user, as well as disruption of personal relationships and employment

A chemical substance, produced in tissue and conveyed in the bloodstream, that controls certain cellular and body functions such as growth and reproduction

A possible explanation for unobserved occurrence that can be tested by further investigation

The act of taking property from another person without the use of force with the intent of keeping that property

The hypothesis that delinquents and criminals must be taught both the practical and the emotional skills necessary to participate in illegal activity

The study of crime based on the belief that behavioral patterns developed in childhood can predict delinquent and criminal behavior later in life.

An easily produced, relatively inexpensive stimulant that creates a strong feeling of euphoria in the user and is highly addictive

The unlawful killing of one human being by another

A chemical that transmits nerve impulses between nerve cells and from nerve cells to the brain

Illegal acts carried out by illegal organizations engaged int he market for illegal goods or services, such as illicit drugs or firearms

Crimes reported annually by the FBI in its Uniform Crime Report. Part I offenses include murder, rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft, and arson.

All crimes recorded by the FBI that do not fall into the category of Part I offenses. These crimes include both misdemeanors and felonies

Medical drugs that require a physician's permission for purchase

The scientific study of mental processes and behavior

Behavior that has been labeled criminal because it is contrary to shared social values, customs, and norms

A school of criminology that holds that wrongdoers act as if they weigh the possible benefits of criminal or delinquent activity against the expected costs of being apprehended

The act of taking property from another person through force, threat of force, or intimidation

A method of gathering crime data that relies on participants to reveal and detail their own criminal or delinquent behavior

Forced or coerced sexual intercourse or other sexual acts

A school of criminology that views criminal behavior as the result of class conflict

The theory that deviant behavior is more likely in communities where social institutions such as the family, schools, and the criminal justice system fail to exert control over the population

A school of criminology that considers criminal behavior to be the predictable result of a person's interaction with his or her environment

The study of the development and functioning of groups of people who live together within a society

The assumption that crime is the result of frustration felt by individuals who cannot reach their financial and personal goals through legitimate means

The hormone primarily responsible for the production of sperm and the development of male secondary sex characteristics such as the growth of facial and pubic hair and the change of voice pitch

An explanation of a happening or circumstance that is based on observation, experimentation, and reasoning

An annual report compiled by the FBI to give an indication of criminal activity in the United States

A school of criminology that studies why certain people are the victims of crimes and the optimal role for victims in the criminal justice system.

A method of gathering crime data that directly surveys participants to determine their experiences as victims of crime

Nonviolent crimes committed by business entities or individuals to gain a personal or business advantage

• -The U.S. Constitution and state constitutions
• -Statutes passed by Congress and state legislatures (plus local ordinances)
• -Administrative agency regulations
• -Case Law

The primary function is to protect citizens from harms to their safety and property and from harms to society's interest collectively. The second function is to maintain and teach social values as well as social boundaries -- for example, sped delimits and laws against bigamy.

Civil law is designed to resolve dispute between private individuals and their entities, such as corporations. In these disputes, one party, called the plaintiff, tries to gain monetary damages by proving that the accused party, or the defendant, is to blame for a tort, or wrongful act.

Criminal law exists to precut society from criminal behavior. To that end, the government prosecutors defendants, or persons who have been charged with committing a crime.

A criminal act is mala in se if it is inherently wrong, while a criminal act mala prohibita is illegal only because it is prohibited by the laws of a particular society. It is sometimes difficult to distinguish between these two sorts of crimes because it is difficult to define a "pure" mala in se crime; that is, it is difficult to separate a crime from the culture that has deemed it a crime.

• -Purpose
• -Knowledge
• -Negligence
• -Recklessness

• -Insanity
• -Intoxication
• -Mistake

• -M'Naghten rule (right-wrong test)
• -The ALI/MPC test, aka the substantial-capacity test
• -The irresistible-impulse test

• -Duress
• -Justifiable use of force
• -Necessity
• -Entrapment

• -The threat is of serious bodily harm or death
• -The harm is greater than that caused by the crime
• -The threat is immediate and inescapable
• -The defendant became involved in the situation through no fault of his or her own

The due process clause acts to limit the power of government. In the criminal justice system, the due process clause requires that certain procedures be followed to ensure the fairness of criminal proceedings and that all criminal laws be reasonable and in the interest of the public good.

A guilty prohibited act

The body of law created by regulatory (administrative) agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities

The act of taking substantial steps toward committing a crime while having the ability and the intent to commit the crime, even if the crime never takes place

The facts surrounding a criminal event that must be proved to convict the defendant of the underlying crime

A procedure in which citizens, by collecting enough signatures, can force a public vote on a proposed change to a state or local law

The degree of proof required to find the defendant in a criminal trial guilty of committing he crime. The defendant's guilty must be the only reasonable explanation for the criminal act before the court

The first ten amendments to the U.S. Consitution

The rules of law announced in court decisions

The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters

A court proceeding to determine whether the defendant is mentally well enough to understand the charges filed against her or him and cooperate with a lawyer in presenting a defense

A secret plot by two or more people to carry out an illegal or harmful act

Law based on the U.S. Constitution and the constitutions of the various states

The body of circumstances that must exist for a criminal act to have occurred

In a civil court, the person or institution against whom an action is brought. In a criminal court, the person or entity who has been formally accused of violating a criminal law

The provisions of the Fifth and Fourteenth Amendments to the constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law

Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform

The requirement that a person claiming self-defense prove that she or he first took reasonable steps to avoid the conflict that resulted in the use of deadly force

A defense in which the defendant claims that he or she was induced by a public official - usually an undercover agent or police officer - to commit a crime that he or she would otherwise not have committed

A serious crime, usually punishable by death or imprisonment for a year or longer

An unlawful homicide that occurs during the attempted commission of a felony

A statute that provides for greater sanctions against those who commit crimes motivated by bias against an individual or a group based on race, ethnicity, religion, gender, sexual orientation, disability, or age

Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one that would have occurred is one the law tries to prevent

A condition that, under early American law, excused young wrongdoers of criminal behavior because presumably they could not understand the consequences of their actions

In most jurisdictions, a noncriminal offense for which the penalty is a fine rather than incarceration

A defense for criminal liability that asserts a lack of criminal responsibility due to mental instability

A defense for criminal liability in which the defendant claims that the taking of intoxicants rendered him or her unable to form the requisite intent to commit a criminal act

A negligent homicide, in which the offender had no intent to killer her or his victim

A test for the insanity defense under which a defendant who knew her or his action was wrong may still be found insane if he or she was unable, as a result of a mental deficiency, to control the urge to complete the act

In a civil court, legal responsibility for one's own or another's actions

A descriptive term for acts that are inherently wrong, regardless of whether they are prohibited by law

A descriptive term for acts that are made illegal by criminal statute and are not necessarily wrong in and of themselves

A depraved state of mind in which the offender's behavior reflected a wanton disregard for the well-being of his or her victim

Mental state, or intent. A wrongful mental state is usually as necessary as a wrongful act to establish criminal liability

A criminal offense that is not a felony; usually punishable by a fine and/or a jail term of less than one year

A common law test of criminal responsibility, derived from M'Naghten's Case in 1843, that relies on the defendant's inability to distinguish right from wrong.

A defense against criminal liability in which the defendant asserts that circumstances required him or her to commit an illegal act

A failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

The person or institution that initiates a lawsuit in civil court proceedings by filing a complaint

A court decision that furnishes an example or authority for deciding subsequent cases involving similar facts

The degree of proof required to decide in favor of one side or the other in a civil case. In general, this requirement is met when a plaintiff proves that a fact more likely than not is true.

Rules that define the manner in which the rights and duties of individuals may be enforced

The constitutional requirement that the law must be carried out in a fair and orderly manner

The state of being aware that a risk does or will exist and nevertheless acting in a way that consciously disregards this risk

The legally recognized privilege to protect one's self or property from injury by another

The body of law enacted by legislative bodies

A strict liability crime in which an adult engages in a sexual act with a minor

Certain crimes, such as traffic violations, in which the defendant is guilty regardless of her or his state of mind at the time of the act

A test for the insanity defense that states that a person is not responsible for criminal behavior when he or she "lacks substantial capacity" to understand that the behavior is wrong or know how to behave properly

Law that defines the rights and duties of individuals with respect to one another

The constitutional requirement that laws use to accuse and convict persons of crimes must be fair

A clause in the U.S. Constitution establishing that federal law is the "supreme law of the land" and shall prevail when in conflict with state constitutions or statutes.

A homicide in which the intent to kill was present in the mind of the offender, but malice was lacking.

Search and Seizure

Trial and punishment, compensation for takings

Right to speedy trial, confrontation of witnesses

Cruel and unusual punishment