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Glossary

Accountability

When an organization takes responsibility for its actions and the consequences of those actions.

Aggravating factors

Factors that make a crime more serious and warrant a harsher punishment.

Appellant (petitioner)

The party who lost in the lower court and is appealing the decision to a higher court.

Appellate courts

Courts that review decisions made by trial courts.

Appellee (respondent)

The party who won in the lower court and is defending the decision on appeal.

Bench trial

A trial where a judge, rather than a jury, decides the case based on the evidence presented.

Case law

Laws established by rulings of appellate courts, also known as precedent.

Civil wrong

A violation of a legal duty that harms a person or entity, typically resulting in a lawsuit for damages.

Community corrections

A system that uses community-based programs and placements as alternatives to incarceration for all or part of a sentence.

Community-oriented policing

A policing philosophy that emphasizes collaboration between police and community members to prevent crime and improve public safety.

Consensus view

An idea that all groups come together, regardless of social class, race, age, gender, and more, to determine what should be illegal.

Control theories

Theories that explain why more people do not engage in illegal behavior. These theories often assume people are naturally selfish and, if left alone, would commit crimes.

Correctional facility

Secure buildings that house individuals accused of or convicted of crimes.

Corrections officer

A sworn officer responsible for maintaining safety and security, as well as potentially offering guidance and support, within a correctional facility.

Cost-benefit evaluations

An analysis that seeks to determine if the costs of a policy are justified by the benefits accrued.

Court of last resort

The highest court in a court system, such as the U.S. Supreme Court or a state supreme court.

Court-appointed attorney

A lawyer assigned by the court to represent a defendant who cannot afford their own attorney.

Courtroom workgroup

The collaborative relationship between judges, prosecutors, and defense attorneys who work together to move cases through the court system.

Courts of general jurisdiction

Courts that can hear a wide variety of cases, including both felonies and misdemeanors.

Courts of limited jurisdiction

Courts that can only hear specific types of cases, typically minor offenses or civil matters.

Crime control model

A model that focuses on having an efficient system, with the most important function being to suppress and control crime to ensure that society is safe and there is public order.

Crime prevention

Any action designed to reduce the actual level of crime and/or the perceived fear of crime.

Crimes against the person

Crimes that are often considered the most serious and may include homicide, rape, assault, kidnapping, and intimate partner violence

Criminal justice system

The criminal justice system is a major social institution that is tasked with controlling crime in various ways. It includes police, courts, and the correction system.

Criminal wrong

An act or omission that violates criminal law and is punishable by the state.

Criminalized act

When a deviant act becomes criminal, and a law is written with defined sanctions that can be enforced by the criminal justice system.

Criminogenic needs

Factors that contribute to an individual's risk of committing crimes. Addressing these needs can help reduce recidivism.

Dark figure

A phrase used to recognize that a large portion of crime each year is unreported.

Defense lawyers

Lawyers who represent defendants in criminal cases. They are responsible for investigating the case, advising the defendant, and presenting a defense in court.

Deterrence

The goal of discouraging criminal behavior through punishment or the threat of punishment.

Deviance

Behavior that departs from or violates the established social norm.

Discretionary waiver

Also known as a regular waiver, allows a judge to transfer a juvenile from juvenile court to adult criminal court. The burden of proof rests with the state to prove the juvenile is not amenable to treatment in juvenile court.

Disposition

The sentence or punishment imposed by the court on a juvenile offender.

Disproportionate minority contact (DMC)

The phenomenon where juveniles of color are more likely to be involved in the juvenile justice system than white juveniles, even when accounting for differences in crime rates.

Diversion

The process of directing someone away from the formal criminal justice system, often into social services or treatment programs.

Dual court system

The system in the United States where there are separate state and federal court systems. State courts handle state law violations, while federal courts handle federal law violations.

Evidence-based practices

Using research and data to guide decisions about criminal justice policies and programs, with the goal of improving outcomes for individuals.

Ex parte Crouse

An 1838 court case that established the concept of parens patriae, the idea that the state has the authority to act in the best interests of a child.

Ex post facto laws

Laws that retroactively apply to actions committed before the law was enacted. These are generally prohibited by the Constitution.

Facility design-linear

A jail design focused on space efficiency, with long hallways lined by cells holding a large number of people.

Facility design-podular

A jail design that emphasizes a more communal feel, with multiple cells facing a central living area allowing for easier supervision.

Feminist criminology

A critical framework that examines the relationship between gender, crime, and justice.

Folk devils

People who are blamed for being allegedly responsible for the threat to society.

Folkways

Behaviors that are learned and shared by a social group. Often referred to as customs.

Fourth Amendment

The amendment to the United States Constitution that prohibits unreasonable searches and seizures and requires warrants to be issued upon probable cause.

Framing

When the media focuses on the broad categories, segments, or angles through which a story can be told, such as factual and interpretive claims that allow people to organize events and experiences into groups.

Hedonism

The philosophical idea that pleasure is the primary good and that people naturally seek to maximize pleasure and avoid pain.

Impact (outcome) evaluations

An investigation of what has changed after the introduction of a crime policy.

Incapacitation

Removing an individual from society for a set period to prevent them from committing crimes.

Inchoate crimes

Attempted crimes where a person takes a substantial step towards committing a crime, but the crime itself is not completed.

Jail

A facility that holds people accused of crimes awaiting trial or those convicted of minor offenses.

Jim Crow laws

Laws in the United States, enacted between 1877 and the 1960s, that enforced racial segregation in the South.

Judicial waiver

A process where a juvenile court judge can transfer a case to adult criminal court.

Jurisdiction

The authority of a court to hear and decide a case.

Jury trial

A trial where a jury decides the facts of the case based on the evidence presented.

Juvenile delinquency

Antisocial or criminal behavior by a minor.

Labeling theories

Theories that focus on the social construction of crime and why not everyone who commits a crime is labeled as a criminal. These theories point out that definitions of crime can vary over time and place.

Law

A system of rules enforced through social institutions to govern behavior.

Learning theories

Theories that focus on how people learn criminal behavior through processes of reinforcement and imitation.

Legislative waiver

A law that automatically excludes certain offenses from juvenile court jurisdiction.

Mandatory waiver

A process where a juvenile offender meeting certain criteria (like age and offense type) must be transferred to adult criminal court.

Mass incarceration

The phenomenon of the United States having the highest incarceration rate in the world.

Mental health

A person's emotional, psychological, and social well-being. Mental health includes our emotional, psychological, and social well-being. It affects how we think, feel, and act. It also helps determine how we handle stress, relate to others, and make choices.

Miranda rights

Constitutional rights in the United States that protect individuals during police questioning. These rights include the right to remain silent and the right to an attorney.

Misdemeanor

These are the least dangerous types of crimes which can include, depending on the location, public intoxication, prostitution, and graffiti, among others.

Mitigating factors

Circumstances that lessen the seriousness of a crime and may lead to a lighter sentence.

Moral panic

When public fears and state interventions greatly exceed the objective threat posed to society by a particular individual or group

Moral wrong

An act or omission that is considered wrong according to personal beliefs or ethical codes, but not necessarily illegal.

Narratives

Pictures and popular stories that the public accepts and perceives as correct.

Official statistics

Reported statistics, self-report statistics, and victimization statistics that are reported to various official government criminal justice agencies, such as the police and courts.

Original jurisdiction

The authority of a court to hear a case for the first time, as opposed to reviewing a decision made by a lower court.

Overcrowding

When the number of incarcerated individuals exceeds the capacity of correctional facilities.

Parens patriae

A legal concept that gives the state the authority to act in the best interests of a child, including protecting them from neglect or abuse.

Parole

The release of a prisoner under supervision after serving a portion of their sentence.

Policy development

A process that typically begins with identifying the issue to be addressed by the proposed policy, and ends with evaluation to see whether the policy has resolved the issues.

Positivism

An approach to criminology that emphasizes the use of scientific methods to study crime and develop solutions.

Post-prison supervision

A period of supervision following release from prison, with conditions similar to parole.

Presumptive waiver

A process that shifts the burden of proof to the juvenile to demonstrate why they should remain in juvenile court.

Principle of orality

The rule that only evidence presented in court can be considered by the judge or jury in making a decision.

Prison

A facility that houses people convicted of serious crimes and sentenced to long terms of incarceration.

Probation

A sentence that allows a convicted person to remain in the community under the supervision of a probation officer, instead of going to jail or prison.

Process evaluation

Assessments that consider the implementation of a policy or program and involve determining the procedure used to implement the policy.

Prosecutor

A government attorney who represents the state in criminal cases and is responsible for bringing charges against defendants and arguing for their conviction.

Prosecutorial waiver

A system where prosecutors have the discretion to decide whether to file charges against a juvenile in juvenile or adult court.

Punishment

A penalty imposed on someone who has committed a crime.

Qualitative research

Involves exploring and understanding human experiences and behaviors by delving into in-depth narratives, like personal stories and interviews.

Quantitative research

Uses numerical data and statistical analysis to identify patterns and draw conclusions, such as counting and measuring to uncover trends.

Rehabilitation

The process of helping someone who has committed a crime change their behavior and become a productive member of society.

Respondents

Survey participants.

Restorative justice

A community-based approach to justice that focuses on repairing harm, building relationships, and holding offenders accountable.

Retribution

Punishment focused on revenge or payback for a crime.

Rule of law

The principle that everyone, including those in power, is subject to the same laws.

School-to-prison pipeline

The phenomenon where disciplinary actions in school can lead students into the juvenile justice system.

Search and seizure

The government’s authority to search for and take away evidence of crimes. The Fourth Amendment limits this power to protect people from unreasonable searches and seizures.

Self-report statistics

Data that are reported by individuals.

Situational crime prevention

Strategies that aim to reduce crime by making opportunities for crime less attractive or increasing the perceived risk of getting caught.

Social disorganization theory

A theory that suggests crime is more likely to occur in areas with weak social institutions (such as family, school, religion, or government) that cannot effectively control behavior.

Specialty courts

Courts designed to handle specific types of cases, such as drug courts or mental health courts.

Status offenses

Offenses that are only illegal because of the age of the offender, such as underage drinking or truancy.

Strain theories

Theories that focus on how social and economic strain can push people into crime. These theories assume that human beings are naturally good but that bad things happen, which push people into criminal activity.

Superpredator

A media-created stereotype of a violent and uncontrollable juvenile offender, which influenced harsher juvenile justice policies.

Supervision style-direct

A supervision approach where officers are stationed directly within the living unit with the incarcerated individuals.

Supervision style-indirect

A supervision approach where officers monitor the unit from a separate control room and have less direct contact with those incarcerated.

Survey research

A quantitative and qualitative research method that asks participants (respondents) to report directly on their own thoughts, feelings, and behaviors.

Theory

An explanation that attempts to make sense of our observations about the world.

U.S. Court of Appeals

Intermediate appellate courts that review decisions of U.S. District Courts within their circuit.

U.S. District Courts

The trial courts in the federal court system.

U.S. Supreme Court

The highest court in the United States, with the authority to review decisions of all lower federal courts and state courts.

Use of force

The level of physical force used by law enforcement officers to control a situation or apprehend a suspect. This can range from verbal commands to deadly force.

Victim

One who has suffered direct or threatened physical, financial, or emotional harm as a result of the commission of a crime.

Victim-impact statements

Accounts by the victim, the victim’s family, or others affected by the offense that express the effects of the offense.

Victimization studies

Surveys that ask people if they have been a victim of a crime in a given year.

Writ of certiorari (rule of four)

A petition filed with the Supreme Court requesting that it review a lower court decision. The Supreme Court only grants certiorari in about 10% of the cases it is asked to review.

Writs of habeas corpus

A legal document that challenges the legality of a person's imprisonment.

License

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Introduction to the American Criminal Justice System: An Equity Lens Copyright © by Roxie Supplee and Megan Gonzalez is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.

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