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five stages of the criminal justice system
entry, pretrial services and prosecution, adjudication, sentencing and sacntions, and correction
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selective enforcement of the law
justice personnel may enforce some laws and not others or may enforce them in some situations and not other situtations
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discretion
the authority to choose among alternative actions
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founding decision
decision made by the police that a particular incident should be treated as a crime (founded) or not treated as a crime (unfounded)
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arrest
the action of taking a person into custody for the purpose of changing him or her with a crime
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warrant
a writ issed by judicial officer ordering law enforcement to perform a specific action such as a search or an arrest
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prosecutor
a government attorney who instigates the prosecution of an accused and represents the state at trial
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initial appearance
the first court processing stage after arrest, in which the accused is brought before a judge or magistrate to hear the formal charges
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indictment
a formal document of a criminal charge against an accused, issued by a grand jury, basedd on evidence presented by the prosecutor
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grand jury
a group of citizens, between sixteen and twenty three, assembled to determine whether sufficient evidence exists to support the prosecution of the accused
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arraignment
a hearing before the court in which the defendant is formally informed of the charges and is required to enter a plea
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bail
money or other security placed in custody of the court in order to ensure the return of a defendant to stand trial
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release on recognizance (ROR)
a non-financial release in which the accused promises to appear in court on the required date
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adjudication
the process whereby the court arrives at a decision regarding a particular case
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jury trial
evidence is presented to a panel of citizens, who are required to determine the defendant's guilt or innocence of the charges
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bench trial
court proceedings in which a judge hearsthe evidence and determines the defandant's guilt or innocence.
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sentence
the specific penalty for a specific crime
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conviction
the judgment of a court, based on the verdict of a jury or judicial officer, that the defendant is guilty of the offense charged
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corrections
a term that encompases all the government agencies with authority for the intake, supervision, confinement, transportation, treatment, and custody of convicted offenders
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furlough
an authorized absence from a correctional institution for a specified period of time.
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probation
a criminal sentence that allows offenders to reside within the community
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parole
conditional release and supervision within the community as part of a criminal sentence.
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wedding cake
a model of the justice process that describes the public's and the media's focus on a few extraordinary and exceptional crimes
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felony
an offense punishable by more that one year in state or federal prison
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misdemeanor
a relatively minor offense punishable by a fine or up to one year in jail
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justice funnel
a model of the justice process that depicts the impact of discretionary decision making by criminal justice personnel as they sort and filter defendants through the five stages
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assembly-line model
a model of the justice process that depicts the system as processing cases as swiftly and efficiently as possible and in a standard manner.
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standardization
the concept that each case is treated according to the same rules, regardless of individual circumstances
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obstacle-course model
a model of the justice process which depicts the system as complex and convoluted, deliberately dificult to negotiate in order to protect due process rights of the accused
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individualization
the concept that each case be treated on the basis of its own unique and specific facts
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the dilemma of discretion
discretionary decision making is essenial for justice but also creates possibilies for discrination and bias in the justice process
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ideal of expressive justice
the use of harsh punishments to express moral outrage at the injustice of crime
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legal guilt
proof of criminal liability beyond a reasonable doubt by admissible evidence within a court of law
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criminal liability
the degree of blame worthiness assigned to a defendant as a result of legal adjudication
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material elements of the crime
the five key elements common to almost all criminal statutes which must be proven within a court of law beyond a reasonable doubt according to the rules of criminal procedure and evidence to establish legal guilt
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actus reus
the physical element of the criminal act
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human conduct rule
the legal principle that a person must commit as act (performance, deed, or movement) or a failure to act (where the law specifies a duty to act) in order to be subject to criminal sanctions
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mens rea
the mental elements in crime, or criminal intent, or the guilty
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motive
reasons a person commits a particular action
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degree
the level of seriousness of the crime
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specific intent
the thoughtful and conscious intention to perform a specific act in order to achieve a particular outcome
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general intent
state of the mind inferred from the behavior or conduct itself to commit the act
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criminal negligence
creation of high risk of harm without consciousness
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construtive intent
state of mind in which a person acts without intending harm but with a complete disregard for the rights and safety of others
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criminal recklessness
knowing creation of high risk of harm to others
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strict liability statutes
crimes for which one may incur liability without fault or intention
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homicide
the killing of a human being by the act, procurement, or omission of another human being
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justifiable homicide
homicide that is permitted under the law by reason of selfdefense, necessity, or the execution of a public duty
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excusable homicide
homicide that is committed by persons without legal liability for their conduct or in a manner that the criminal law does not prohibit, e.g., accidentally
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criminal homicide
the purposeful, knowing, reckless, or negligent causing of the death of one human being by another
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murder
the killing of one human being by another with malice or premeditation
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felony murder
if a death occurs during the commission of a felony, the person committing the primary offense can also be charged with murder
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manslaughter
the unlawful killing of a human being without malice or premeditation
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voluntary manslaughter
the unlawful killing of a human being without malice but that is done intentionally upon a sudden quarrel or in the heat of passion
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involuntary manslaughter
an unintentional killing for which criminal liability is imposed
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vehicular homicide
the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another
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reasonable person standard
the circumstances as they appeared to the defendant would have created the same beliefs in the mind of an average, normal, sensible human being
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concurrence
the simultaneous coexistence fo an act in violation of the law and a criminal intent
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causation
a causal link between an actor's conduct and a harm
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"but for " standard
a standard for determining causality which holds that "but for" the conduct of the accused, the harm in question would not have occured
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harm
loss, disadvantage, or injury to a victim
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affirmative defenses
defenses raised by the defendant's counsel that carry the burdenof proof beyond a reasonable doubt
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defense of alibi
legal defense in which the defendant claims to have been in a different location when the crime was committed
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defenses of justification
a category of legal defense in which the defendant admits committing the act in question but claims that it was necessary to avoid some greater evil
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public duty
a defense that claims the defendant was lawfully exercising authority at the time the act was committed
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necessity justification
a defense to a criminal charge that claims it was necessary to commit some unlawful act in order to prevent or avoid a greater harm
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self-defense
a defense to a criminal charge based on a person's inherent right to self-protection and to reasonably defend himself or herself from an unlawful attack
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defenses of excuse
a category of legal defense in which the defendant claims a personal condition at the time of the act that excuses him or her from criminal liability under the law
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ignorance of law
lack of knowledge of the law or the existence of the law
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mistake of fact
a defense claiming an error or misunderstanding of fact or circumstances resulting in an act that would otherwise not have been undertaken
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defense of duress
a defense to a criminal charge that the defendant was forced to act against his or her will
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voluntary intoxication
intoxication that is the result of willful personal choice
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involuntary intoxication
intoxication that is not willful
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defense of infancy
a defense that claims that individuals below a certain age should not be held criminally liable for their actions by virtue of their young age.
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entrapment
the inducement of an individual to commit a crime not contemplated by him and her
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defenses of insanity
affirmative defenses seeking to prove a mental state that prevents an individual from comprehending the nature and consequences of actions or from distinguishing right from wrong
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battered woman (person) syndrome
a condition characterized by a history of repetitive by a history of repetitive abuse and learned helplessness
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