Final Terms Flashcards
Crime wave
An increase in crime or perception of an increase in crime in a particular period and place.
Dark Figure of Crime
Crimes that are not reported and thus unknown to police
Hierarchy Rule
An old police method of counting only the most serious crime in a single incident involving multiple crimes
Clearance Rate
The percentage of crimes that are solved versus crimes that are unsolved
Crime Clock
A method used by the FBI to report how often crimes occur
Bureau of Justice Statistics (BJS)
A primary source for criminal justice statistics that compiles reports on many aspects of the criminal justice system, including data about federal, state, and local criminal justice.
Bail
Temporary release of the defendant prior to trial
Excessive Bail
Bail that is prohibited by the eighth amendment, but there’s no uniform standard as to what “excessive” is.
Bench warrant
Is issued by Judge when a defendant violates the rules of the court.
Bail bonds agent
And agent of private commercial business that has contracted with the court to act as a guarantor of a defendant’s return to court
Bounty hunter
A person that captures fugitives for a monetary reward (bounty)
Release on Recognizance (ROR)
To secure the pretrial release of the accused based merely on the defendants unsecured promise to appear at trial
Preventive detention
The practice of incarcerating accused individuals before trial on the assumption that the release would not be in the best entrance of society.
Civil law
Also called private law, the body of law concerned with the definition, regulation, and enforcement of rights and non-criminal cases in which both the person who has the right in the person who has the obligation or private individuals.
Landmark cases
A US Supreme Court case that makes a significant change in the interpretation of the Constitution.
Certiorari of power
The authority of the Supreme Court, based on agreement by four of its members that case might raise significant constitutional or federal issues, to select a case for review.
Appellate courts
State courts that have the authority to review the proceedings and verdicts of general trial courts for judicial errors and other significant issues.
Court of last resort
A state court of final appeals that reviews lower court decisions and whose decisions can be appealed to the US Supreme Court
Double jeopardy
The act of trying a person twice for the same offense
Grand jury
An alternative method, which is confidential, to determine whether there is sufficient evidence to charge the defendant with a crime.
Prosecutorial discretion
The power of a prosecutor to decide whether to charge a defendant and what the charge(s) will be, as well as to gather the evidence necessary to prosecute the defendant in a court of law.
vior dire
The questioning a potential jurors to determine whether they have biases that would disqualify them from jury service.
Bench trial
A trial in which the judge rather then a jury makes the determination of guilt.
Indigent defense
The right to have an attorney provided free of charge by the state if a defendant cannot afford one, established in Gideon v. Wainwright.
Pro se (legal representation)
For one’s own behalf; A party to a lawsuit who represents himself.
CSI effect
A phenomenon reported by prosecutors who claim that television shows based on scientific crime solving have made actual jurors reluctant to vote to convict when, as is typically true, forensic evidence is neither necessary nor available
Plea bargaining
A pretrial activity that involves the negotiation between defendant and prosecutor for a plea of guilty for which in return the defendant will receive some benefit, such as reduction of charges or dismissal of some charges.
Sentence bargaining
Negotiating with the prosecutor for a reduction and length of sentence, reduction from capital murder to imprisonment, probation rather than incarnation, or institution where the sentence is to be served in return for a guilty plea.
Statute of limitations
The length of time between the discovery of the crime and the arrest of the defendant
Corporal punishment
The administration of bodily pain as punishment for a crime.
Retribution
Deterrence based on the premise that criminals should be punished because they deserve it.
Deterrence
The philosophy and practices that emphasize making criminal behavior less appealing.
General deterrence
The concept based on the logic that people who witnessed the pain suffered by those who commit crimes want to avoid that pain and will refrain from criminal activity.
Specific deterrence
A concept based on the premise that a person is best deterred from committing future crimes by the specific nature of the punishment.
Incapacitation
Deterrence based on the premise that the only way to prevent criminals from reoffending is to remove them from society.
Banishment
The removal of an offender from the community.
Transportation
The 18th century practice by Great Britain of sending offenders to the American colonies and later to Australia.
Rehabilitation
Deterrence based on the premise that criminals can be “cured” of their problems and criminality and can be returned to society.
Habilitation
The process of supplying a person with the means to develop maximum independence in activities of daily living through training or treatment.
Restoration
Induction of a return to a previous state, as a return to health or replacement of a part to a normal position.