CRIMINAL JUSTICE STUDIES
|
Criminal
Justice System |
Agencies and institutions directly involved in the
implementation of public policy concerning crime, mainly the law enforcement
agencies, courts, and corrections. |
Crime |
Violation of Criminal Law; Any action or inaction that society has
defined as wrong or unacceptable and to which has been attached a punishment
and/or penalty. |
Arrest |
The physical taking into custody of a suspected
violator of The Law. |
Initial
Appearance |
First encounter with the court system; The accused [indicted] party is informed
of the charges being leveled against him/her; Bail is set; Date for
preliminary hearing of the case is set.
|
Bail |
Guarantee that a released suspect/defendant will
return to the Court and appear at the Trial of his/her case. |
Preliminary
Hearing |
Pretrial hearing [Grand Jury Trial] to determine
whether probable cause exists to hold the accused. |
Charging |
Formal accusations made against a defendant
stating what Criminal Law(s) was/were violated. |
Grand Jury |
A group of citizens who decide whether persons
accused of crimes should be charged [indicted]. |
Arraignment |
Defendant is informed of the pending charges and
is required to enter a plea of Guilty or Not Guilty. |
Evidence |
Formal and informal exchange of information before
trial. |
Plea
Negotiations |
Defendant pleads Guilty to an Offense with the
expectation of receiving some benefit such as a lesser punishment. |
Trial |
Fact-finding process that uses the adversarial
method before a Judge and/or twelve [approximate number] member Jury. |
Sentencing |
Imposition of punishment and/or penalty on a
Convict who has been found Guilty of a Crime. |
Appeal |
To seek Judicial Review [see Marbury v. Maddison]
by a Superior Court of a lower court's decision. |
Assembly-Line
Justice |
The operation of any segment of the Criminal
Justice System in which excessive work-load results in decisions being made
with such speed and impersonality that defendants are treated as objects to
be processed rather than as individuals.
|
Discretion |
The lawful ability of an agent of government to
exercise choice in decision-making;
The authority vested in an individual to make decisions within an
appointed Jurisdiction. |
Courtroom
Work Group |
The regular participants in the day-to-day
activities of a particular courtroom:
Judge, Prosecutor, Defense Attourney, Jury, and or others; Interaction of parties within the courtroom,
based on established norms of behavior.
|
Crime
Control Model |
Criminal Justice Perspective that emphasizes the
repression of crime, focusing on efficiency and effectiveness as a principal
measure of success. |
Due Process
Model |
Criminal Justice Perspective that emphasizes the
assumption that all individuals possess the right of protection from
Arbitrary State Powers and that all individuals are assumed Innocent until
proven Guilty. |
Law |
Body of Rules and Regulations, Enacted by Public
Officials [representatives of society] in a legitimate manner and backed by
the force of the State; The codified
set of rules and regulations established by Society for the purpose of/as a
means of maintaining and preserving
itself. |
Anglo-American
Law |
Common Law:
The European-Based Legal System that is practiced in The United States
Of America. |
Common Law |
Judge-Made Law based on Precedent, uncodified
law; England-Based Law; Legal System that was developed in England
by Judges who, in the absence of written laws governing a particular case, made
a Policy-Making Decision that established a new law [Precedent]. These laws were then made common [applied
across all of England]. |
Judge-Made
Law |
The common law as developed in form and content by
Judges or Judicial Decisions. |
Precedent |
A Previously-Made Judicial Decision that serves as
a Legal Guide for the resolution of subsequent cases. |
Stare
Decisis |
Latin Phrase:
"Let The Decision Stand";
The doctrine that principles of law established in earlier Judicial
Decisions should be accepted as authoritative in similar, subsequent
cases. |
Constitution |
The fundamental rules that determine how those who
govern are selected, establish the policies and procedures by which they
operate, and identify the limits of their powers. |
Statute |
A written law enacted by a Legislature. |
Municipal
Ordinance |
A Law that is established by local units of
government. |
Administrative
Regulations |
Policies and Procedures that are adopted by
agencies who directly guide and command by force of The Law. |
Administrative
Law |
Rules and Regulations established by Society that
govern the duties and proper running of agencies that directly guide and
command others by force of The Law. |
Substantive
Law |
Rules and Regulations established by Society that
focus on the Content or Substance of The Law. |
Procedural
Law |
Rules and Regulations established by Society that
focus on the methods by which The Law is to be properly executed. |
Adversarial
System |
Method of operations whereby Opposing Parties have
the opportunity to present their evidence and arguments. |
Presumption
Of Innocense |
Belief the defendant is not blame-worthy; Burden of Proof of Guilt [BEYOND A
REASONABLE DOUBT] is placed on the State.
|
Beyond A
Reasonable Doubt |
Burden of Proof required by Law to convict a
defendant in a criminal case;
Undeniable Evidence. |
Preponderance
of Evidence |
Standard of Proof required to prevail in a Trial
Of Evidence; The Greater Weight
Of Evidence [Facts, Details, and
Stories]. |
Due Process
Of Law |
The Right--Guaranteed by The Fifth, Sixth, and
Fourteenth Amendments to The Constitution of The United States of
America--that requires the Due Course Of Legal Proceedings to be followed
according to the Rules and Forms Established for the Protection of Private
Rights. Requirement that all people
receive equal treatment and be provided equal opportunities and services by
the Criminal Justice System in The United States Of America. |
Bill Of
Rights |
The first ten amendments to the U.S. Constitution,
guaranteeing certain rights and liberties to the people. |
Incorporation |
Legal Theory that The Bill Of Rights has been made
a part of/absorbed into the Due Process Clause of the Fourteenth Amendment,
thereby making it applicable to The States.
|
Civil Law |
Law governing private parties; Laws other than Criminal Law; The codified set of rules and regulations
established by Society for the purpose of redressing and resolving Personal
Injuries. |
Tort |
A legal Injury;
A Civil Wrong; Injury to a
person or party resulting from the violation of a Duty. |
Contract |
An agreement between two or more parties creating
a legally enforceable contract. |
Property |
Ownership of an item or group of items. |
Real
Property |
Land and all items residing on that land. |
Personal
Property |
Everything other than Land and all items residing
upon that land. |
Domestic |
Relating to The Home. |
Relations |
Association;
Link between two items, elements, or parties. |
Domestic
Relations |
Law relating to The Home. |
Divorce |
Ending of a marriage by court order. |
Custody |
Court determination of responsibility for care and
keeping of a child; Identification of
responsible party of ownership. |
Support |
Financial obligation to provide for the upkeep of
another party. |
Alimony |
Court-ordered payments by one divorced party to
another divorced party for the purpose of ongoing personal support. |
Adoption |
Legal acquisition of custody of a child. |
Inheritance |
Receipt of property or other assets from a
deceased party or their estate. |
Will |
A legally binding contract-document that
establishes the proper dispensation of property and other assets from a
deceased party or their estate. |
Intestate |
Condition of Death without a will. |
Probate |
Process of proving that a will is genuine which
concludes with the proper dispensation of assets and property according to
the content of that will. |
Remedy |
Vindication of a claim of right; Legal process whereby a right is enforced
or the violation of a right is prevented or redressed. |
Judgement |
Official decision of The Court regarding a
particular issue. |
Plaintiff |
Person or Party issuing a Complaint. |
Defendant |
Person or Party against whom a Complaint is
issued. |
Monetary
Damage |
Money Paid to redress a wrong-doing. |
Compensatory
Damages |
Payment of money and/or services in exchange for
actual losses suffered by a Plaintiff as the result of a wrong-doing. |
Punitive
Damages |
Payment of money and/or services in exchange for
harm caused in a willful and/or malicious way. |
Declaratory
Judgement |
Pronouncement by the Court that establishes the
legal rights of parties involved in an actual case or controversy. |
Injunction |
Court-Ordered cessation of behavior. |
Equity |
Invested Interest into an issue or situation. |
Temporary
Restraining Order [TRO] |
Court Order to a person or party to prevent
him/her from committing a particular behavior until a full hearing can be
held regarding the matter at hand. |
Preliminary
Injunction |
Court Order to prevent a person or party from
engaging in a particular behavior after a hearing but before the issue is
fully resolved. |
Permanent
Injunction |
Court Order forbidding a person or party from
engaging in a particular behavior after the issue has been fully tried. |
In Rem |
Latin Phrase:
"Against A Thing";
Legal Proceeding instituted to obtain Decrees or Judgements against
Property or Assets. |
Criminal Law |
Codified rules and regulations established by
society to define, prohibit, and punish or penalize wrong, unwanted, and
unacceptable behavior. |
Misdemeanor |
A Lesser Crime;
Minor Crime; An offense
against Society that is punishable by no more than one year of incarceration
and/or no more than $10,000 in fines and penalties. |
Felony |
A Serious Crime;
Greater Crime; An offense
against society that is punishable by more than one year of incarceration
and/or more than $10,000 in fines and penalties. |
Corpus
Delicti |
Latin Phrase: "Body Of The Crime"; The combined effect of The Act and The
Criminal Agency Producing It. |
Elements Of
A Crime |
Five Principles of an offense that are critical to
its statutory definition as a criminal offense: Actus Reus, Mens Rea, Intentional Commission of The Guilty Act,
Physical Presence during the Commission of The Offense, and The Specific
Results or Attendant Circumstances of the offense. |
Actus Reus |
Guilty Act;
An overt behavior that produces criminal harm. |
Mens Rea |
Guilty Mind;
Mental Intent to commit an overt behavior. |
Attempt |
An act committed with the intent to engage in a
criminal behavior; the failure to
complete a crime; the apparent
possibility of committing a criminal offense. |
Intentional
Commission Of The Guilty Act |
[Act With Intent]--Simultaneous Occurrence of Mens
Rea and the Actus Reus. |
Attendant
Circumstances |
Conditions surrounding a criminal event. |
Result |
Consequential Occurrence; Outcome of Behavior. |
Legal
Defense |
Justification for illegal behavior, as established
by The Law. Removal of Culpability
through mitigating or extenuating circumstances, or proof that an individual
cannot be held legally guilty of an offensive behavior or its result. |
Juvenile |
Not yet having attained the age of ascension into
adulthood; Not an adult; child;
below the maturation level necessary to be held criminally responsible
for ones behavior. |
Jurisdiction |
Zone of Authority; Zone of Control; Power
and Authority to make a decision. |
Geographic
Jurisdiction |
Zone of Authority based on location; Zone of Control based upon physical
location or political boundaries that have been established by society; Power and Authority to make a decision
that has been established by society based upon physical location and/or
political boundaries. |
Extradition |
Legal process whereby officials of one
jurisdiction arrange for an alleged Offender to be transferred from another
jurisdiction's custody to theirs. |
Subject
Matter Jurisdiction |
Types of cases over which courts have been
authorized to hear and decide. |
Hierarchical
Jurisdiction |
Chain of command of Zones of authority of the
courts. |
Original
Jurisdiction |
Zone of authority in which a particular case can
be heard first. |
Appellate
Jurisdiction |
Authority of a court to hear, determine, and
render a Judgement in an action on appeal from an inferior court. |
Trial Court |
Judicial body with primary original jurisdiction
in civil or criminal cases, which typically utilize Juries and Evidence
Discovery processes. |
Appellate
Court |
A Judicial Body that reviews previously decided
cases. |
Dual Court
System |
A Court System consisting of a separate judical
structure for each state in addition to a national structure. Each case is tried in a court of the same
jurisdiction as that of the law or laws involved. |
U.S.
Magistrate Judge |
Judicial Officer appointed by the U.S. District
Court to perform the duties formerly performed by U.S. Commissioners and to
assist the court by serving as special masters in Civil Actions, conducting
pretrial or discovery proceedings, and conducting preliminary review of
applications for post-trial relief made by individuals convicted of criminal
offenses. |
District
Courts |
U.S. Trial Courts established in the respective
Judicial Districts into which the whole United States is divided. These courts hear and decide cases in
Limited Districts to which their jurisdiction is confined. |
Three-Judge
District Court |
Special Federal Trial Court for certain limited
types of cases specified by federal statute.
|
Bankruptcy
Judge |
Judicial Officer who presides over legal procedure
under federal law by which a person is relieved of all debts after placing
all property under the court's authority.
|
Federal
Question |
Case that contains a major issue involving the
U.S. Constitution or U.S. Laws or Treaties.
|
Diversity Of
Citizenship |
When parties on the opposite sides of a federal
lawsuit come from different states, the jurisdiction of the U.S. District
Courts can be invoked if the case involves a controversy concerning $75,000
or more in value. |
Prisoner
Petition |
Civil Lawsuit filed by a prisoner alleging
violations of his/her rights during trial or while incarcerated. |
En Banc |
French Phrase: "In Total." Refers to the session of an appellate
court in which all the judges of the court participate, as opposed to a
session presided over by three judges.
|
Writ Of
Certiorari |
An Order issued by an Appellate Court for the
purpose of obtaining from a lower court the record of its proceedings in a
particular case. |
Constitutional
Courts |
Federal courts created by Congress by virtue of
its power under Article III of the U.S. Constitution to create courts
inferior to the Supreme Court. |
Legislative
Courts |
Judicial Bodies created by Congress under Article
I of The U.S. Constitution and not Article III of the U.S. Constitution. |
Trial Courts
Of Limited Jurisdiction |
Lower Level Judicial Bodies whose Jurisdictions
are limited to minor civil disputes or misdemeanors. |
Trial Courts
of General Jurisdiction |
Judicial Bodies responsible for major criminal and
civil cases. |
Estate |
Interest a person has in property; A person's right or title to
property. |
Personal
Injury |
Negligence lawsuits; Damage caused to an individual. |
Intermediate
Courts of Appeals |
Judicial Bodies falling between the highest
(Supreme) tribunal and the trial court of limited jurisdiction; Created to relieve Jurisdiction's highest
court of bearing overlarge case loads.
|
State
Supreme Court |
General term for the highest court in a state. |
Unified
Court System |
Entails a simplified state trial court structure,
rule making centered in the Supreme Court, system governance authority bested
in the Chief Justice of the Supreme Court, and state funding of the Judicial
Systme with a statewide judicial budget.
|
Clerk of
Court |
An elected or appointed court officer responsible
for maintaining the written records of the court and for supervising or
performing the clerical tasks
necessary to conduct judicial business.
|
Routine
Administration |
A matter that presents the court with no disputes
over law or facts. |
Normal Crime |
Categorization of crime based on the typical
manner in which it is committed, the typical type of defendant who commits
it, and the typical penalty to be applied.
|
Delay |
Postponement or adjournment of proceedings in a
case; lag in case-processing time. |
Officer of
the Court |
Lawyers are sanctioned agents of the court and as
such must obey court rules, be truthful in court, and generally serve the
needs of Justice. |
U.S.
Attorney General |
Head of the Department of Justice; Nominated by
the President of The United States Of America and Confirmed by the Senate of
The United States Of America. |
Institute Of
Social Control |
Any organization that persuades people, by means
of subtlety and/or through force, to abide by the dominant values of
Society. |
Booking |
Administrative recording of an arrest. Included in the Case File are Name, Charge,
Identification, Government Tracking Number, and Other Personal
Information. |
Misdemeanor |
A less serious Offense that is generally
punishable by a fine or by incarceration for not more than one year. |
Ordinance
Violation |
The violation of a law of a city, town, or community. |
Complaint |
Charging Document specifying that an offense has
been committed by a person or persons named or described therein. |
Felony |
Serious Offense that is punishable by, at most,
Death, a minimum by Imprisonment for more than one year and/or a large
monetary fine. |
Information |
Document that outlines the formal charge(s)
against a suspect, the law(s) that have been violated, and the evidence to
support the accusations. |
Grand Jury
Indictment |
Written Accusation by a grand jury that one or
more persons have committed a crime. |
Arrest
Warrant |
Written Order directing Law Enforcement Officials
to arrest a person. |
Defendant |
Person against whom a legal action is brought, a
warrant is issued, or an indictment is found. |
Summary
Trial |
An immediate trial without a jury. |
Probable
Cause |
Standard of Proof that requires Evidence
Sufficient to make a Reasonable Person Believe that, more likely than not,
the Suspected Action is Justified. |
Bail |
Monetary guarantee deposited with the court to
ensure that suspects or defendants will appear at a later stage in the
Criminal Justice Process. |
Preliminary
Hearing |
In a felony case, a pretrial stage during which a
judge determines whether there is probable cause. |
Grand Jury |
Group of Citizens who meet to investigate charges
coming from preliminary hearings. |
Arraignment |
Pretrial Stage to hear the information or
indictment and to allow a plea. |
Plea
Bargaining |
Practice whereby specific sentence is imposed if
the accused pleads guilty to an agreed-upon charge or charges instead of
going to trial. |
Bench Trial |
Trial before a Judge without a Jury. |
Parole |
Conditional Release of Prisoner before full
sentence is served. |
System |
A smoothly operating set of arrangements and institutions
directed toward the achievement of common goals. |
Myth |
Belief based upon emotion rather than
analysis; A Story that is grounded in
a seed of truth but that is mostly fictionalized. |
Norm |
Any standard or rule regarding what human beings
should or should not think, say, or do under given circumstances. |
Legal
Definition Of Crime |
An intentional violation of the criminal law or
penal code, committed without defense or excuse and penalized by the
state. |
Overcriminalization |
Prohibition by the criminal law of some behaviors
that arguably should not be prohibited.
|
Nonenforcement |
Failure to routinely enforce prohibitions against
certain behaviors. |
Undercriminalization |
Failure to prohibit some behaviors that arguably
should be prohibited. |
Harm |
External consequence required to make an action a
crime; Injury to a person, party, or
object. |
Libel |
Writing of something false about another person
that dishonors or injures that person.
|
Slander |
Speaking of something false about another person
that dishonors or injures that person.
|
Legality |
Requirement that a harm must be legally forbidden
for the behavior to be a crime and
that the law must not be retroactive.
|
Ex Post
Facto |
Latin Phrase that means "After The
Fact," that refers to laws that declare criminal an act that was not
illegal when it was committed;
increases the punishment for a crime after it has been committed;
and/or alters the rules of evidence in a particular case after the crime is committed. |
Actus Reus |
Latin Phase that means "Guilty
Action;" refers to criminal
conduct; Intentional or Criminally
Negligent (Reckless) action or inaction that causes harm. |
Mens Rea |
Latin Phrase that means "Guilty
Mind;" Criminal Intent; Guilty
State of Mind. |
Negligence |
Failure to take reasonable precautions to prevent
harm. |
Duress |
Force or Coercion as an excuse for committing a
crime. |
Juvenile
Delinquency |
Special Category of offense created for youthful
offenders, usually between the ages of 7 and 18 years of age. |
Insanity |
Mental or Psychological Impairment or Retardation
as a Defense Against a Criminal Charge.
|
Entrapment |
Legal Defense against criminal responsibility when
a law enforcement officer or his/her agent has induced to commit a crime
someone who was not already predisposed to committing it. |
Necessity
Defense |
Legal defense against criminal responsibility that
is used when a crime has been committed to prevent a greater or more serious
crime. |
Mala In Se |
Latin Phrase that means "Bad In
Itself;" Universal, Timeless
Wrong; Crime that is universally and
timelessly wrong; Pure Evil. |
Mala
Prohibita |
Offenses that are illegal because laws define them
as such; These offenses lack
timelessness and universality. |
Dark Figure
Of Crime |
Number of crimes not officially recorded. |
Crime Index |
Estimate of Crimes Committed. |
Offenses
Known To The Police |
Crime Index; Crimes reported in the Federal Bureau
Of Investigations' Uniform Crime Reports;
Composed of crimes that are both reported to and recorded by Law Enforcement
Agencies. |
Crime Rate |
Measure of the Incidence of crime expressed as the
number of crimes per unit of population or some other base unit. |
Uniform
Crime Reports |
Collection of crime statistics and other Law
Enforcement Information gathered under a voluntary National Program
administered by The FBI. |
UCR Category
I Crimes |
The Part I Offenses reported to The FBI for The
UCR; Murder/Nonnegligent
Manslaughter, Forcible Rape, Robbery, Aggravated Assault, Burglary,
Larceny-Theft, Motor Vehicle Theft, and Arson. |
Status
Offense |
Act that is illegal for a juvenile to commit but
that would be legal for an adult to commit.
|
Crime Index
Offenses Cleared |
Number of Offenses for which at least one person
has been arrested, charged with the commission of the offense, and turned
over to the court for prosecution. |
National
Crime Victimization Survey |
A source of crime statistics that is based on
interviews in which respondents are
asked whether they or members of their households have been victims of any of
the FBI's Index Offenses or other crimes durng the past six months. If they have been victimized, they are
then asked to provide information about the experience. |
Self Report
Crime Survey |
Research Tool (Evaluative Instrument) in which
subjects are asked whether they have committed crimes. |
Theory |
An explanation that tells why or how two or more
phenomena are related to each other. |
Criminological
Theory |
The proposed explanation of criminal behavior,
Criminal Justice System Behavior, Victim Behavior, and Criminal Justician
Behavior. |
Classsical
Theory Of Crime And Criminality |
Product of Enlightenment in Europe; Assumes that people exercise free will and
are thus completely responsible for their actions. Behavior is motivated by a hedonistic rationality; actors weigh
the potential pleasure of an action against the possible pain associated with
it. |
Utility |
Principle that a policy should provide the
greatest happiness shared by the greatest number. |
Social
Contract |
Imaginary agreement to sacrifice the minimum
amount of liberty necessary to prevent anarchy and chaos. |
Special
(Specific) Deterrence |
Prevention of individuals from committing crime
again by punishing them. |
General
Deterrence |
Prevention of groups of people or Society from engaging
in crime by punishing specific individuals and making examples of them. |
Neoclassical
Theory |
Modification of classical theory; Concedes that certain factors such as
insanity might inhibit the exercise of free will. |
Biological
School Of Crime And Criminality |
Assumes that crime and criminality are caused by
biological defects in the perpetrator;
Crime can be controlled by the identification and medical alteration
or extraction of the Biologically Inferior.
|
Biological
Inferiority |
A person's innate physiological makeup, which is
assumed to produce certain physical and genetic characteristics that
predispose him toward commission of Social Offenses. |
Criminal
Anthropology |
Study of Criminal Human Beings. |
Atavist |
A person who reverts to a savage type. |
Limbic
System |
Structure surrounding the brain stem that, in
part, controls the life functions of heartbeat, breathing, and sleep. Also, this system is believed to moderate
expressions of violence, as well as anger, rage, fear, and sexual responses. |
Psychopaths,
Sociopaths, and Antisocial Personalities |
Persons characterized by no sense of guilt, no
subjective conscience, and no sense of right and wrong. They have difficulty in forming
relationships with other people. They
cannot empathize with other people. |
Anomie |
Emile Durkheim's theory that the dissociation of
the individual from the collective conscience causes abnormal, even criminal,
behavior. |
Collective
Conscience |
The general sense of morality of the times. |
Chicago
School of Criminology |
Group of Sociologists at the University of Chicago
who posited the theoretical assumption that delinquent behavior is a product
of social disorganization. |
Social
Disorganization |
Condition in which the usual controls over
delinquents are largely absent, delinquent behavior is often approved of by
parents and neighbors, there are many opportunities for delinquent behavior,
and there is little encouragement, training, or opportunity for legitimate
employment. |
Anomie |
Robert K. Merton's theoretical assumption that the
contradiction between the cultural goal of achieving wealth and the social
structure's inability to provide legitimate institutional means for achieving
the goal. Albert K. Cohen's theoretical assumption that
juvenile delinquency is causes by the inability of juveniles to achieve
status among peers by socially acceptable means. |
Imitation
(Modeling) |
Means by which a person can learn new responses by
observing others without performing any overt act or receiving direct
reinforcement or reward. |
Differential
Association |
Edwin Sutherland's theory that people become
criminal because of contacts with criminal patterns and isolation from
anticriminal patterns. |
Learning
Theory |
Criminological Position that criminal behavior and
its prevention can be explained through positive reinforcement, negative
reinforcement, extinction, punishment, and modeling/imitation. |
Positive
Reinforcement |
Presentation of a stimulus that increases or
maintains a response. |
Negative
Reinforcement |
Removal or Reduction of a stimulus whose removal
or reduction increases or maintains a response. |
Extinction |
Process in which behavior that previously was
positively reinforced is no longer reinforced. |
Punishment |
Presentation of an aversive stimulus to reduce a
response. |
Control
Theory |
Criminological Perspective that posits the
assumption that people are expected to commit crime and delinquency unless
they are prevented from doing so. |
Labeling
Theory |
Criminological Perspective that posits the assumption
that criminalization is a process caused the identification of an individual,
party, group, or behavior as unacceptable, wrong, or criminal. |
Criminalization
Process |
Method by which people and actions are defined as
criminal. |
Conflict
Theory |
Criminological Perspective that assumes that
society is based primarily on conflict between competing interest groups and
that criminal law and the criminal justice system are used to control
subordinate groups. Crime is caused
by relative powerlessness. |
Power
Differentials |
Ability of Some Groups to Dominate Other Groups In
A Society. |
Relative
Powerlessness |
The inability to Dominate Other Groups in
Society. |
Radical
Theories |
Theoretical Perspectives of Behavior Causation
that focus on the assumption that crime is caused as a result of Class
Struggle (Based on a misinterpretation and misapplication of Karl Marx's
Writings). (Communism!!!!!) |
Class
Struggle |
The competitions among wealthy people and among
poor people and between rich people and poor people, which cause criminal
behavior. (Communism!!!) |
Left Realist |
Group who argues that critical criminologists need
to redirect their attention to the fear of criminal victimization and the
very real victimization experienced by working-class people as the result of
corrupt and criminal abuse of the Rich Class. (Communism!!!!!) |
Peacemaking
Criminology |
Approach that suggests that the solution to all
social problems, including crime, is the transformation of humand beings,
mutual dependence, reduction of class structures, the creation of communities
of caring people, and universal social justice. (Communism!!!!!) |
Feminist
Theory |
A gender-centralized Perspective that focuses on
the female experience and examines the econometric, social, political, and
other issues which Humans face. |
Patriarchy |
Father Lead Society or Father Dominated
Culture. |
Matriarchy |
Mother Lead Society or Mother Dominated
Culture. |
Criminal Law |
One of two general types of law practiced in the
United States; Formal menas of social control that uses rules interpreted by
the courts to set limits to the conduct of the citizens, to guide the
officials, and to define unacceptable behavior. |
Penal Code |
The criminal law of a political jurisdiction. |
Tort |
Violation of civil law; Personal Wrong. |
Civil Law |
One of two general types of law parcticed in the
United States; Means of resolving
conflicts between individuals and parties that includes personal injury
claims (torts), the law of contracts and property, and subjects such as administrative
law and the regulation of public utilities.
|
Substantive
Law |
Body of Law that defines criminal offenses and
their penalties. |
Procedural
Law |
Body of Law that governs the ways in which the
substantive laws are to be administered;
often referred to as adjective or remedial law. |
Due Process
Of Law |
Rights of The People suspected of or charged with
crimes. |
Politicality |
Ideal characteristic of criminal law, referring to
its legitimate source. Only
violations of rules made by The State, the Political Jurisdiction that
enacted the laws, are crimes. |
Specificity |
Ideal characteristic of criminal law, referring to
its scope. Although civil law can be
general in scope, criminal law must be specific in scope, providing strict
definitions of specific acts. |
Regularity |
Ideal characteristic of criminal law; The
applicability of the law to all
persons, regardless of social status.
|
Uniformity |
Ideal characteristic of criminal law: The enforcement of the laws against anyone
who vilolates them, regardless of social class. |
Penal
Sanction |
Ideal characteristic of criminal law: Principle that violators will be punished
or at least threatened with punishment by The State. |
Precedent |
Case that forms a potential basis for deciding the
outcomes of similar cases in the future;
A by-product of decisions made by trial and appellate court judges,
who produce case law whenever they render a decision in a particular
case. |
Stare
Decisis |
Latin Phrase that means "Let The Decision
Stand;" Principle of using
precedents to guide future decisions in court cases. |
Searches |
Explorations or Inspections, by law enforcement
officers, of homes, premises, vehicles, or persons, for the purpose of
discovering evidence of crimes or persons who are accused of crimes. |
Seizures |
The taking of persons or property into custody in
response to violations of the criminal law.
|
Warrant |
Written order from a court directing law
enforcement officers to conduct a search or to arrest a person. |
Arrest |
The seizure of a person or the taking of a person
into custody, either actual physical custody, as when a suspect is handcuffed
by a police officer, or constructive custody, as when a person peacefully
submits to a police officer's control.
|
Contraband |
An illegal substance or object. |
Mere
Suspicion |
Standard of Proof with the least certainty; a gut
instinct; Mere Suspicion does not allow law enforcement officers even to
simply stop an individual. |
Reasonable
Suspicion |
Standard of Proof that stands as more than simple
gut instinct, which includes the ability to articulate reasons for suspicion,
and which allows a law enforcement officer to legally stop a suspect
(individual). |
Frisking |
Conducting a search for weapons and contraband by
lightly patting the outside of a suspect's clothing, feeling for hard and
semi-rigid objects that might be weapons or contraband. |
Probable
Cause |
Amount of Proof necessary for a reasonably
intelligent person to suspect that a crime has been committed or that items
connected with criminal activity can be found in a particular place. It is the standard of proof needed to
conduct a search or to make an arrest.
|
Preponderance
Of Evidence |
Facts, Details, and Stories that outweigh the
opposing Facts, Details, and Stories, or sufficient facts, details, and
stories to overcome Doubt and/or Speculation as to Guilt or Innocense. |
Clear and
Convincing Evidence |
Standard of Proof required in some civil cases
and, in federal courts, the Standard of Proof necessary for a defendant to
make a successful claim of Insanity. |
Beyond A
Reasonable Doubt |
Standard of Proof necessary to find a defendant
guilty in a criminal trial. |
Exclusionary
Rule |
Rule of Law that states that illegally seized
evidence must be excluded from trials in federal courts. |
Double
Jeopardy |
Trying a defendant a second time for the same
offense when jeopardy attached in the first trial and a mistrial was not
declared. |
Self-Incrimination |
Being a witness against oneself. If forced, this is a violation of the
Fifth Amendment. |
Confession |
An admission by a person accused of a crime that
he/she committed the offense in question.
|
Doctrine of
Fundamental Fairness |
Rule that makes confessions inadmissible in
criminal trials if they were obtained by means of either psychological manipulation
or through torturous means (no third-degree treatment). |
Venue |
Place of the trial, which must be geographically
appropriate. |
Subpoena |
Written order issued by a court that requires a
person to appear at a certain time and place to give testimony. It can also require that documents and
objects be made available for examination by the court. |
Jurisdiction |
Right or duly appointed authority of a justice
agency to act in regard to a particular subject matter, territory, or
person. |
Tithing
System |
Private Self-Help Protection System in early
medieval England in which a group of ten families, or a tithing, agreed to
follow law, keep the peace in their areas, and bring law violators to
justice. |
Shire Reeve |
Chief law enforcement officer in a medieval
England territorial area called a shire; later developed into the modern day
Sheriff. |
Posses |
Groups of able-bodied citizens of a community,
called into service by a sheriff or constable to chase and apprehend
offenders. |
Constable-Watch
System |
Method by which protection in Early England was
provided to citizens, under the direction of a constable--chief
peace-keeper--; citizens were required to guard the city and to pursue
criminals. |
Constable |
The peacekeeper in charge of protection in early
English towns. Used in Rural America
today. |
Peel's
Principles of Policing |
12 Standards proposed by Robert Peel, the author
of the legislation resulting in the formation of the London Metropolitan
Police Department. Standards are
still applicable to today's law enforcement agencies and agents! |
Slave Patrol |
Earliest form of Policing in The Southern United
States: A product of the Slave
Codes. |
Community
Policing |
Contemporary approach to policing that actively
involves the community in a working partnership to control and reduce
crime. |
State Police
Model |
Model of state law enforcement services in which
the agency and its officers have the same law enforcement powers as local
police, anywhere within the state. |
Highway
Patrol Model |
Model of state law enforcement services in which
the agency and its officers focus on highway traffic safety; enforcement of
the state's traffic laws, and investigation of accidents on the state's roads
and highways as well as crimes committed on state property. |
Contract
Security |
Protective services that a private security firm
provides to people, agencies, companies, and others that do not employ their
own security personnel or that need extra protection. Contract security employees are not peace
officers. |
Proprietary
Security |
In-House protective services that a security
staff; not classified as sworn peace officers, provide for the entity that
employs them. |
Role |
The rights and responsibilities associated with a
particular position in society |
Role expectation |
The behavior and actions and actions that people
expect from a person in a particular role |
Role
conflict |
The psychological stress and frustration that
results from trying to perform two or
more incompatible responsibilities |
Operational
styles |
The different overall approaches to the police
job. |
Preventive
patrol |
Patrolling
the streets with little direction; between responses to radio calls, officers
are "systematically unsystematic" and observant in an attempt to
both prevent and ferret out crime. Also known as random patrol. |
Directed
patrol |
Patrolling under guidance or orders on how
to use patrol time. |
Aggressive
patrol |
The
practice of having an entire patrol section make numerous traffic stops and
field interrogations. |
Field
interrogation |
A
temporary detention in which officers stop and question pedestrians and
motorists they find in suspicious circumstances. |
Traffic
accident investigation crews. |
In
some agencies, the special units assigned to all traffic accident
investigations. |
Three
I,s of police selection |
Three
qualities of the American police officer that seem to be of paramount
importance: intelligence, integrity, and interaction skills. |
College
academies |
Schools
where students pursue a program that integrates an associate,s degree curriculum in law enforcement or
criminal justice with the state,s required peace officer training. |
Public
safety officers |
Police
department employees who perform many
police service but do not have arrest powers |
Police cadet
program |
A
program that combines a college education with agency work experience and
academy training. Upon graduation, a cadet is promoted to police officer. |
Tech prep
(technical preparation) |
A
program in which area community colleges and high schools team up to offer 6
to 9 hours of college law enforcement courses in the eleventh and twelfth
grades,as well as one or two training certifications,such as police
dispatcher or local corrections officer. Students who graduate are
elegible for police employment at age
18. |
Merit System |
System
of employment whereby an independent civil service commission, in cooperation
with the city personnel section and the police department, sets employment
qualifications, performance standards, and discipline procedures. |
Discretion |
The
exercise of individual judgement, instead of formal rules, in making
decisions. |
Full
Enforcement |
Practice
in which the police make an arrest for every violation of law that comes to
their attention. |
Selective
Enforcement |
Practice
of relying on the judgement of the police leadership and rank-and-file
officers to decide which laws to enforce.
|
Excessive
Force |
A
Measure of Coercion beyond that necessary to control participants in a
conflict. |
"Grass
Eaters" |
Officers
who occasionally engage in illegal and unethical activities, such as
accepting small favors, gifts, or money for ignoring violations of the law
during the course of their duties. |
"Meat
Eaters" |
Officers
who actively seek ways to make money illegally while on duty. |
Bribery |
Accepting
cash or gifts in exchange for nonenforcement of The Law. |
Chiseling |
Demanding
discounts, free admission, and free food. |
Extortion |
Threat
of enforcement and/or arrest and/or use of force or violence IF a bribe is
not provided. |
Favoritism |
Giving
breaks on law enforcement, such as for traffic violations committed by
families and friends of the police. |
Mooching |
Accepting
food, drinks, and admission to entertainment events without payment due. |
Perjury |
Lying
and/or providing false or misleading information when delivering
depositions. |
Prejudice |
Unequal
enforcement of the law with respect to racial, ethnic, and/or gender
minorities. |
Premeditated
Theft |
Planned
Burglaries and Thefts of Goods and/or Services. |
Shakedown |
Taking
items from the scene of a Theft or a Burglary that is being
investigated. |
Shopping |
Taking
small, inexpensive items from a crime scene or an unsecured business or
home. |
HIGH MORAL
STANDARDS |
Level
of behavior to which all Criminal Justice Practitioners are held. Failure to maintain High Moral Standards
usually results in Job Termination, Barring from Future Employment in The
Field, Fines, Incarceration, Civil Litigation, and/or Subjugation under The
Criminal Informant Clause of The Federal Penal Code. |
Internal
Affairs Investigations Unit |
Law
Enforcement Investigative Unit that ferrets out illegal and unethical
activity engaged in by members of Criminal Justice Organizations, Agencies,
and Institutions. |
Special
Jurisdiction |
Power
of a court to hear only certain types of cases. |
Personal
Jurisdiction |
Court's
authority over the parties to a lawsuit.
|
Writ of
Habeas Corpus |
Court
Order to an officer of The Law to produce a prisoner in court to determine if
the prisoner is being legally detained or imprisoned. |
Trial De
Nova |
Trial
in which an entire case is reheard by a trial court of general jurisdiction
becauyse there is an appeal and there is no wwritten transcript of the
earlier proceeding. |
Incapacitation |
Removal
or Restriction of the freedom of those found to have violated criminal
laws. |
Punishment |
Imposition
of a penalty for criminal wrongdoing.
|
Rehabilitation |
Attempt
to "correct" the personality and behavior of convicted offenders
through educational, vocational, or therapeutic treatment and to return them
to society as law abiding citizens. |
Nolle
Prosequi [Nol. Pros.] |
Notation
placed on the official record of a case when prosecutors elect not to
prosecute. |
Rules of
Discovery |
The
mandate that a prosecutor provide defense counsel with any exculpatory
evidence in the prosecutor's possession.
|
Probable
Cause |
Abstract
term that means that a law enforcement officer or a judge has trustworthy
evidence that would make a reasonable person believe that , more likely than
not, the proposed action is justified.
|
Booking |
The
process in which a suspect's name, the charges for which he/she was arrested,
and fingerprints, photographs, and other pertinent intake information are
collected and entered into the files of the Criminal Justice System. |
Bail/Bail
Bond |
Monetary
guarantee deposited with the court that is meant to ensure that the suspect
or defendant will appear at a later stage in the Criminal Justice
Process. |
Preventive
Detention |
Holding
suspects or defendants in jail without giving them an opportunity to post
bail, because of the threat they pose to society. |
Bench
Warrant [Capias] |
Document
that authorizes a suspect's or defendant's arrest for not appearing in court
as required. |
Release On
Own Recongizance [ROR] |
Release
secured by a suspect's written promise to appear in court. |
Conditional
Release |
Form
of release that requires that a suspect/defendant maintain contact with a
pretrial release program or undergo regular drug monitoring or
treatment. |
Unsecured
Bond |
An
Arrangement in which bail is set but no money is paid to the court. |
Indictment |
Document
that outlines the charge[s] against a defendant. |
Subpoena |
Written
order to testify issued by a court officer.
|
Arraignment |
Pretrial
stage during which the formal information or indictment and defendant's plea
are heard. |
Nolo
Contendere |
Latin
Phrase that means "I Will Not Contest;" Defendants plead nolo
contendere when they do not admit guilt but are willing to accept punishment
anyway. |
Venire |
Poll
from which jurors are selected. |
Voir Dire |
Process
in which potential jurors who might be biased or unable to render a fair
verdict are screened out. |
Hung Jury |
Condition
whereby jurors cannot agree on a verdict.
The judge declares a mistrial.
The prosecutor must decide whether to retry the case. |
Restitution |
Money
paid and/or services rendered by a convicted offender to victims, the
victim's survivors, and/or the community to make up for the injury
inflicted. |
Indeterminate
Sentence |
Sentence
with a fixed minimum and maximum term of incarceration, rather than a set
period. |
Determinate
Sentence |
Sentence
with a fixed period of incarceration, which eliminates the decision-making
responsibility of parole boards. |
Flat-Time
Sentencing |
Sentencing
in which judges may choose between probation and imprisonment but have little
discretion in setting the length of a prison sentence. Once an offender is imprisoned, there is
no possibility of reduction in the length of the sentence. |
Good Time |
Number
of days deducted from a sentence by prison authorities for good behavior or
for other reasons. |
Mandatory
Sentencing |
Sentencing
in which a specified number of years of imprisonment is provided for
particular crimes. Often it is
provided within a range of days, months, or years. |
Presumptive
Sentencing |
Sentencing
that allows a judge to retain some sentencing discretion, subject to
appellate review. The legislature
determines a sentence range for each crime.
The Judge is expected to impose the normal statutes, unless mitigating
or aggravating circumstances justify a sentence below or above the range set
by the legislature. |
Sentencing
Guidelines |
Guidelines
that provide ranges of sentneces for most offenses, based on the seriousness
of the crime and the criminal history of the offender. |
Criminal
Sanctions [Criminal
Punishment] |
Penalties
that are imposed for violating the criminal law. |
Retribution |
Dominant
justification for punishment; Paying
a person back for injury with a similar amount of injury [actual or
symbolic]. |
Revenge |
Punishment
rationale expressed by the biblical phrase "An Eye For An Eye; A Tooth
For A Tooth." People who seek
revenge want to pay offenders back by making them suffer for what they have
done. |
Just Deserts |
Punishment
rationale based on the idea that offenders should be punished automatically,
simply because they have committed a crime, and the idea that the punishment
should fit the crime. |
Incapacitation |
Removal
or restriction of the Freedoms of those found to have violated criminal
laws. |
Victim
Impact Statement |
Descriptions
of the Harm and Suffering [Injury inflicted] that a crime has caused victims
and their survivors. |
Presentence
Investigation Report [PSI; PSIR] |
Written
Document used in the federal system and the majority of states to help judges
determine the appropriate sentence.
These documents also can be used in classification of Probationers,
Parolees, and Prisoners according to their Treatment Needs and Security Risk. |
Allocution |
Procedure
at a sentencing hearing in which the convicted defendant has the right to
address the court before the sentence is imposed. During this phase of the trial, a Defendant is identified as
the person found guilty [Convict] and
has the right to deny or explain information contained in the PSI if his/her
sentence is based on it. |
Pardon |
"FORGIVE;" To release one from culpability; Forgiveness for a crime committed that
stops further criminal processing. |
Bifurcated
Trial |
Two-Stage
Trial consisting of a Guilt Phase and a separate Penalty Phase. |
Aggravating
Factors [Aggravating
Circumstances] |
Conditions,
Facts, and Details that make the crime committed worse than usual. |
Mitigating
Factors [Mitigating
Circumstances] |
Conditions,
Facts, and Details that make the crime committed less severe than usual. |
Proportionality
Review |
In
some states, a review in which the appellate court compares the sentence in
one case with penalties imposed in similar cases in that state. The object of this process is to reduce,
as much as possible, disparity in Death Penalty [Capital] Sentencing. |
Commutation |
Reduction
in Sentence; This is usually granted by the state's Governor or by The
President, but is sometimes granted by The Court. |
Banishment |
Punishment,
originating in Pre-Biblical Times, documented in the Book Of Genesis, that requires offenders to leave the community
and live elsewhere; the banished individual is usually required to live in
the wilderness. |
Transportation |
Punishment
in which offenders are forced to migrate from their Home Land to another
Land, usually one of their Home Land's Colonies. |
Workhouses |
European
forerunners of the modern U.S. Prison, where offenders were sent to learn
Discipline, Diligence, and Productive Work Habits, so that they can
successfully integrate into Society. |
Penology |
The
Study Of Punishment, Prisons, Prison Management, and Offender Treatment
Programs. |
Panopticon |
Prison
Design consisting of a Round Building with Tiers of Cells lining the Inner
Circumference and Facing a Central Inspection Tower. |
Pennsylvania
Penological System |
Early
United States Penology System that required inmates to be kept in Solitary
Cells so that they could Study Religious Writings and The Bible, Silently
Reflect Upon Their Wrongs, and Perform Handicraft Work That Inspires
Productive Work Habits. |
Auburn
Penological System |
Early
United States Penological System that required inmates to Maintain Silence,
Work and Eat In A Communal Setting During The Day; This System required
inmates to Be Housed Solitary Cells During The Night. |
Medical
Model Of Penology |
Theoretical
School Of Institutional Corrections that Declares Crime To Be The Product Of
Personal Illness Whose Symptoms Must Be Treated By Diagnosis And
Prognosis. |
Privatization |
Involvement
of the Private Sector Capitalist Marketplace in The Construction and
Operation of Penological, Corrective, Confinement, and Secure Medical
Facilities. |
Shock
Incarceration |
Placement
of offenders in Facilities Patterned After Military Boot Camps. |
Incarceration
Rate |
Figure
Derived by Dividing the Number of People Incarcerated BY the Population of
the Area In Question, and Multiplying this Result by 100,000. This Measurement is used to compare
incarceration levels of units with differing Population sizes. |
Classification
Facility |
Facility
in which Newly Convicted Offenders are Assessed, Classified, and Processed
into Treatment Facilities that best fit their Needs and Security Risk
Factor. |
Security
Level |
Designation
applied to a facility to describe the measures taken by that facility and its
staff to preserve security and custody both internally and externally; In general, this rating is a function of
the relationship between the number of physical barriers between an inmate's
cell and the Outside World. |
Physical
Barrier |
Substantial
Obstruction, whether constructed or human, that prevents one from moving in a
particular direction. |
Custody
Level |
Classification
assigned to a Convict/Inmate to indicate The Degree Of Precaution Necessary
For One To Practice When Working with that Inmate. |
Cocorrectional
Facilities |
Small,
Minimum-Security [1 to 3 fences, 1 to 3 walls] that house both Men and Women
with the Goal of Normalizing The Prison Environment By Integrating The
Daytime Activities Of The Sexes. |
Lockup |
Short-term
Holding Facility that is frequently located in or very near an urban police
agency so that suspects can be held pending further inquiry. |
Jail |
Facility
usually operated at the local level that holds Convicts for relatively short
periods of time. |
New
Generation Jail |
Replacement
for traditional jails that feature architectural and programming
innovations. |
Protective
Custody |
Segregation
of Inmate For His/Her Own Safety. |
Administrative
Segregation |
Keeping
an Inmate in Secure Isolation so that he/she cannot harm him/herself, Staff,
and/or Others. |
Conjugal
Visits |
Arrangement
whereby Inmates are permitted to visit In Private with their spouses or
significant others to maintin their personal relationship [such a visit may
include sexual contact between the Convict and his/her significant
other]. |
Snitch
System |
Method
of Operation by which Staff gain information from Inmate Informants about the
Presence of Contraband, Potential for Disruptions, and Other Threats To
Security [,usually in exchange for favors or better treatment]. |
Shank |
Improvised
Weapon meant to provide personal protection and/or to cause another's
death. |
Milieu
Therapy |
Variant
of Group Therapy that encompasses the total living environment so that the
environment continually encourages positive behavioral change. |
Crisis
Intervention |
Counselor's
Efforts to address a grievance or crisis in an Individual's Life with the
intent to cause the individual to calm down and to become manageable. |
Less-Eligibility
Principle |
Position
that Convicts should receive no service or program superios to the services
and programs available to free citizens without charge. |
Total
Institution |
Institutional
Setting in which persons sharing some characteristic are cut off from the
wider society and expected to live according to institutional rules and
procedures. |
Convict Code |
Constellation
of Values, Norms, and Roles that regulate the way inmates interact with one
another and with prison staff. |
Deprivation
Model |
Theory
that Inmate Society arises as a response to the prison environment and the
painful conditions of confinement. |
Prisonization |
Process
by which an inmate becomes socialized into the customs and principles of the
inmate society. |
Importation
Model |
Theory
that the inmate society is shaped by attributes that inmates bring with them
when they enter prison. |
Sub-Rosa
Economy |
Secret
Exchange System whereby high-demand, often-illicit, goods and services are
exchanged among Convicts; The Black
Market Of Prison. |
Hands-Off
Philosophy |
Mode
Of Thinking whereby the courts are reluctant to hear Convicts' claims
regarding their rights while incarcerated.
|
Habeas
Corpus |
Court
Order requiring that a confined person be brought to court so that his/her
claims can be heard. |
Jailhouse
lawyer |
Convict
Skilled in Legal Matters [or a convict who claims to be skilled in legal
matters--often a danger to their own lives].
|
Mandatory
Release |
Method
of Exit From The Corrections System under which a convict is released after
serving a legally required portion of his/her sentence, minus good-time
credits. |
Recidivism |
Return
to Illegal Behavior after Release from The Correctional System. |
Community
Corrections |
Subfield
of Corrections in which Convicts are supervised and provided services outside
of a Jail or Prison. |
Probation |
Sentence
in which the Convict, rather than being incarcerated, is retained in the
community under the supervision of a probation agency and is required to
abide by certain rules and regulations to avoid incarceration. |
Diversion |
Organized,
Systematic Efforts to remove individuals from further processing into
the Criminal Justice System by
placing them in alternative programs; Diversion may be pretrial or posttrial. |
Presentence
Investigation [PSI] |
Investigation
conducted by a probation agency or other designated authority at the request
of a court into the past behavior, family circumstances, and personality of
an adult who has been convicted of a crime, to assist the court in
determining the most appropriate sentence.
|
Probation
Conditions |
Rules
and Regulations that specify prescribed behavior and proscribed behavior for
an individual who has been sentenced to serve a length of time on
Probation. |
Revocation |
Repeal
of a Probation Sentence or Parole, and the Substitution of a more restrictive
sentence, due to violation of conditions of behavior. |
Parole
Guidelines |
Structured
instruments used to estimate the probability of parole recidivism and to
direct the release decisions of parole boards. |
Reintegration |
Process
of rebuilding former ties to the community and reestablishing new ties after
release from The Corrections System. |
Intermediate
Sanctions |
Punishments
that, in restrictiveness and punitiveness, lie between traditional probation
and tradititional imprisonment or, alternatively, between imprisonment and
traditional parole. |
Intensive
Supervision Probation
and Parole [ISP] |
Alternative
to incarceration that provides stricter conditions, closer supervision, and
more treatment services than traditional probation and parole. |
Net Widening |
Phenomenon
that occurs when the offenders placed in a novel program are not the
offenders for whom the program was designed.
The consequence of net widening is that those in the program receive
either more severe or less severe sanctions than they would have received had
the new program remained unavailable.
|
Day
Reporting Centers |
Facilities
that are designed for convicts who would otherwise be in prison or jail and
that require convicts to report regularly to confer with staff about
supervision and treatment matters. |
Structured
Fines [Day Fines] |
Monetary
Fee Required by The Court as partial or whole payment for an offense for
which one has been convicted that is based on the Convict's ability to pay. |
Home
Confinement |
Program
that requires offenders to remain in their homes except for approved periods
of absence; This is commonly used in
combination with electronic monitoring devices. |
Electronic
Monitoring |
Arrangement
that allows an offender's whereabouts to be gauged through the use of
computer technology. |
Halfway
House |
Community-Based
Residential Facility that is less secure and restrictive than a prison or
jail but that provides a more controlled environment than other community
corrections programs. |
Temporary
Release Program |
Method
of operation based on the policy and procedure of allowing jail/prison housed
convicts to leave the facility for short periods to participate in approved
community activities. |
Juvenile
Delinquency |
Special
Category of offense created for youths in most U.S. Jurisdictions who are
between the ages of 7 and 18 years of age.
|
Apprenticeship
System |
Method
by which middle-/upper-class children were taught skilled trades by a Master
Craftsman. |
Binding-Out
System |
Practice
in which children who were difficult to handle or who needed supervision were
"bound over" to masters for care--whose custodial guardianship was
vested in a State-Designated Party.
Under the binding-out system , masters were not required to teach
youths a trade. |
House of
Refuge |
First
Specialized Correctional Institution For Youths In The United States Of
America. |
Placing Out |
Practice
of putting children on farms in the Midwest and West to remove them from the
supposedly corrupting influences of their parents and the Big City. |
Reform
School [Industrial
School] [Training
School] |
Correctional
Facility for youths that was developed in the late 1800s. This type of facility focused on custody
rather than reformation; it was punitive rather than treatment oriented. Modern facilities of this type place more
emphasis on treatment, but they still consider custody and control to be
their main objectives. |
Cottage
Reformatory |
Correctional
Facility for youths developed in the late 1800s that was intended to closely
parallel family life and remove children from the negative influences of the
urban environment. Children in such
facilities live with surrogate parents, who are responsible for the youths'
training and education. |
Parens Patriae |
Legal
Philosophy justifying State Intervention in the lives of children when their
parents are unable or unwilling to protect them. |
Adjudication |
Juvenile
Court Equivalent of a trial in Adult Criminal Court; The Process whereby a Judicial Decision is
rendered regarding the truth of the facts alleged in a petition against a
juvenile. |
Informal
Juvenile Justice |
Actions
taken by citizens to respond to juvenile offenders without involving the
official agencies of juvenile justice.
|
Status
Offenses |
Acts
that are not crimes when committed by adults but are illegal for
children. An example is truancy or
running away from home. |
Radical
Nonintervention |
Practice
based on the idea that youths should be left alone if at all possible,
instead of being formally processed. |
Intake
Screening |
Process
by which decisions are made about the continued processing of juvenile
cases. Decisions can include
dismissing the case, referring the youth to a diversion program, or filing a
petition and detaining the youth in a juvenile facility. |
Petition |
Legal
form of the police/citizen complaint that specifies the charges that are to
be heard at the adjudication of the juvenile. |
Transfer [Waiver] [Certification] |
Act
or Process by which juveniles who meet specific age, offense, and/or
prior-record criteria are transferred to Adult Criminal Court. |
Hearing
Officer |
Lawyer
empowered by the juvenile court to hear juvenile cases. |
Disposition |
Order
of the court specifying what is to be done with a juvenile who has been adjudicated
delinquent. A disposition hearing is
similar to a sentencing hearing in criminal court. |
Doctrine of
Legal Guilt |
Principle
that people are not to be held guilty of crimes merely on a showing, based on
reliable evidence, that in all probability they did in fact do what they are
accused of doing. Legal Guilt results
only when factual guilt is determined in a procedurally regular fashion, as
in a criminal trial, and when the procedural rules designed to protect
suspects and defendants and to safeguard the integrity of the process are
employed. |
Bionics |
Replacing
of Human Body Parts with Mechanical Parts.
|
Mediation |
Dispute
Resolution Process by which a third party acts to guide the disputants into a
satisfactory compromising solution.
The agreed-upon resolution is formalized into a binding consent
agreement [contract]. |
Arbitration |
Dispute
Resolution Process that brings disputants together with a third party who has
the skills necessary to listen objectively to evidence presented by both aggrieved
parties, to ask probing and relevant questions of each party, and to arrive
at an equitable solution to the dispute.
|
Cryonics |
Process
of Human Hibernation that involves Freezing The Body. |
Moral Wrong |
Violation
of Society's codified beliefs about right and wrong; Violation of Religious Codes. |
Goals and
Purposes Of Criminal
Law |
Deterrence
from Criminal Conduct; Protection of Society from Dangerous and Harmful
People; Punishment of Convicted Offenders; Rehabilitation and Reformation of Convicted
Offenders. |
Magna Charta |
1215,
signed by King John [A Foul SOBB].
Established: No criminal trial upon simple accusation without
producing credible witnesses to the truth therein; No freeman shall be taken, imprisoned, except by lawful judgement
of his peers or the Law of The Land. |
Mayflower
Compact 1620 Colonial
Democracy Established |
Signed
at Cape Cod; Established loose government:
"We do solemnly and mutually covenant and combine ourselves
together into a civil body politic for our better ordering and preservation,
and by the virtue of this new body politic enact such just and equal laws
unto which we promise all due submission and obedience. " |
English Bill
Of Rights |
1689,
Established a basic set of GOD Given Rights [inalienable]. This document served as a guide for the
United States, Providing That:
Suspending Laws without consent of Parliament is illegal; Keeping a
Standing Army within the Kingdom in Time of Peace unless it be with Consent of
Parliament is against The Law; Election of Members of Parliament ought to be
free; Freedom of Speech ought not to be impeached or questioned. |
Declaration
Of Independence 4 July 1776 |
WHEN in the Course of
human Events, it becomes necessary for one People to dissolve the Political
Bands which have connected them with another, and to assume among the Powers
of the Earth, the separate and equal Station to which the Laws of Nature and
of Nature's God entitle them, a decent Respect to the Opinions of Mankind
requires that they should declare the causes which impel them to the
Separation. WE hold these Truths to
be self-evident, that all Men are created equal, that they are endowed by
their Creator with certain unalienable Rights, that among these are Life,
Liberty and the Pursuit of Happiness -- That to secure these Rights,
Governments are instituted among Men, deriving their just Powers from the
Consent of the Governed, that whenever any Form of Government becomes
destructive of these Ends, it is the Right of the People to alter or to
abolish it, and to institute new Government, laying its Foundation on such
Principles, and organizing its Powers in such Form, as to them shall seem
most likely to effect their Safety and Happiness. Prudence, indeed, will
dictate that Governments long established should not be changed for light and
transient Causes; and accordingly all Experience hath shewn, that Mankind are
more disposed to suffer, while Evils are sufferable, than to right themselves
by abolishing the Forms to which they are accustomed. But when a long Train
of Abuses and Usurpations, pursuing invariably the same Object, evinces a
Design to reduce them under absolute Despotism, it is their Right, it is
their Duty, to throw off such Government, and to provide new Guards for their
future Security. Such has been the patient Sufferance of these Colonies; and
such is now the Necessity which constrains them to alter their former Systems
of Government. The History of the present King of Great- Britain is a History
of repeated Injuries and Usurpations, all having in direct Object the
Establishment of an absolute Tyranny over these States. To prove this, let
Facts be submitted to a candid World. HE has refused his
Assent to Laws, the most wholesome and necessary for the public Good. HE has forbidden his
Governors to pass Laws of immediate and pressing Importance, unless suspended
in their Operation till his Assent should be obtained; and when so suspended,
he has utterly neglected to attend to them. HE has refused to pass
other Laws for the Accommodation of large Districts of People, unless those
People would relinquish the Right of Representation in the Legislature, a
Right inestimable to them, and formidable to Tyrants only. HE has called together
Legislative Bodies at Places unusual, uncomfortable, and distant from the
Depository of their public Records, for the sole Purpose of fatiguing them
into Compliance with his Measures. HE has dissolved
Representative Houses repeatedly, for opposing with manly Firmness his
Invasions on the Rights of the People. HE has refused for a
long Time, after such Dissolutions, to cause others to be elected; whereby
the Legislative Powers, incapable of the Annihilation, have returned to the
People at large for their exercise; the State remaining in the mean time
exposed to all the Dangers of Invasion from without, and the Convulsions
within. HE has endeavoured to
prevent the Population of these States; for that Purpose obstructing the Laws
for Naturalization of Foreigners; refusing to pass others to encourage their
Migrations hither, and raising the Conditions of new Appropriations of Lands. HE has obstructed the
Administration of Justice, by refusing his Assent to Laws for establishing
Judiciary Powers. HE has made Judges
dependent on his Will alone, for the Tenure of their Offices, and the Amount
and Payment of their Salaries. HE has erected a
Multitude of new Offices, and sent hither Swarms of Officers to harrass our
People, and eat out their Substance. HE has kept among us,
in Times of Peace, Standing Armies, without the consent of our Legislatures. HE has affected to
render the Military independent of and superior to the Civil Power. HE has combined with
others to subject us to a Jurisdiction foreign to our Constitution, and
unacknowledged by our Laws; giving his Assent to their Acts of pretended
Legislation: FOR quartering large
Bodies of Armed Troops among us; FOR protecting them, by
a mock Trial, from Punishment for any Murders which they should commit on the
Inhabitants of these States: FOR cutting off our
Trade with all Parts of the World: FOR imposing Taxes on
us without our Consent: FOR depriving us, in
many Cases, of the Benefits of Trial by Jury: FOR transporting us
beyond Seas to be tried for pretended Offences: FOR abolishing the free
System of English Laws in a neighbouring Province, establishing therein an
arbitrary Government, and enlarging its Boundaries, so as to render it at
once an Example and fit Instrument for introducing the same absolute Rules
into these Colonies: FOR taking away our
Charters, abolishing our most valuable Laws, and altering fundamentally the
Forms of our Governments: FOR suspending our own
Legislatures, and declaring themselves invested with Power to legislate for
us in all Cases whatsoever. HE has abdicated
Government here, by declaring us out of his Protection and waging War against
us. HE has plundered our
Seas, ravaged our Coasts, burnt our Towns, and destroyed the Lives of our
People. HE is, at this Time,
transporting large Armies of foreign Mercenaries to compleat the Works of
Death, Desolation, and Tyranny, already begun with circumstances of Cruelty
and Perfidy, scarcely paralleled in the most barbarous Ages, and totally
unworthy the Head of a civilized Nation. HE has constrained our
fellow Citizens taken Captive on the high Seas to bear Arms against their
Country, to become the Executioners of their Friends and Brethren, or to fall
themselves by their Hands. HE has excited domestic
Insurrections amongst us, and has endeavoured to bring on the Inhabitants of
our Frontiers, the merciless Indian Savages, whose known Rule of Warfare, is
an undistinguished Destruction, of all Ages, Sexes and Conditions. IN every stage of these
Oppressions we have Petitioned for Redress in the most humble Terms: Our
repeated Petitions have been answered only by repeated Injury. A Prince,
whose Character is thus marked by every act which may define a Tyrant, is
unfit to be the Ruler of a free People. NOR have we been
wanting in Attentions to our British Brethren. We have warned them from Time
to Time of Attempts by their Legislature to extend an unwarrantable
Jurisdiction over us. We have reminded them of the Circumstances of our
Emigration and Settlement here. We have appealed to their native Justice and
Magnanimity, and we have conjured them by the Ties of our common Kindred to
disavow these Usurpations, which, would inevitably interrupt our Connections
and Correspondence. They too have been deaf to the Voice of Justice and of
Consanguinity. We must, therefore, acquiesce in the Necessity, which
denounces our Separation, and hold them, as we hold the rest of Mankind,
Enemies in War, in Peace, Friends. WE, therefore, the
Representatives of the UNITED STATES OF AMERICA, in GENERAL CONGRESS,
Assembled, appealing to the Supreme Judge of the World for the Rectitude of
our Intentions, do, in the Name, and by Authority of the good People of these
Colonies, solemnly Publish and Declare, That these United Colonies are, and
of Right ought to be, FREE AND INDEPENDENT STATES; that they are absolved
from all Allegiance to the British Crown, and that all political Connection
between them and the State of Great-Britain, is and ought to be totally
dissolved; and that as FREE AND INDEPENDENT STATES, they have full Power to
levy War, conclude Peace, contract Alliances, establish Commerce, and to do
all other Acts and Things which INDEPENDENT STATES may of right do. And for
the support of this Declaration, with a firm Reliance on the Protection of
divine Providence, we mutually pledge to each other our Lives, our Fortunes,
and our sacred Honor. John Hancock. IN CONGRESS, JANUARY
18, 1777. |
Articles of
Confederation 1778 The United
States Of America Is Conceived |
To
all to whom these presents shall come, we the undersigned delegates of the
states affixed to our names, send greeting: Whereas
the delegates of the United States of America in Congress assembled, did, on
the fifteenth day of November in the year of our Lord seventeen
seventy-seven, and in the second year of the Independence of America, agree
to Certain Articles of Confederation and perpetual union between the states
of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South Carolina and Georgia in the words following,
viz: Articles
of Confederation and Perpetual Union Between the States of New Hampshire,
Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New
York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina,
South Carolina and Georgia. ARTICLE
I. The style of this Confederacy shall be "The United States of
America." ARTICLE
II. Each state retains its sovereignty, freedom and independence, and every
power, jurisdiction and right which is not by this Confederation expressly
delegated to the United States in Congress assembled. ARTICLE
III. The said states hereby severally enter into a firm league of friendship
with each other for their common defence, the security of their liberties,
and their mutual and general welfare, binding themselves to assist each other
against all force offered to, or attacks made upon them, or any of them, on
account of religion, sovereignty, trade, or any other pretence whatever. ARTICE
IV. The better to secure and perpetuate mutual friendship and intercourse
among the people of the different States in this Union, the free inhabitants
of each of these states, paupers, vagabonds and fugitives from justice
excepted, shall be entitled to all privileges and immunities of free citizens
in the several states; and the people of each state shall have free ingress
and regress to and from any other state, and shall enjoy therein all the
privileges of trade and commerce, subject to the same duties, impositions and
restrictions as the inhabitants thereof respectively; provided, that such
restrictions shall not extend so far as to prevent the removal of property
imported into any state, to any other state of which the owner is an
inhabitant; provided also, that no imposition, duties or restriction shall be
laid by any state on the property of the United States, or either of them. If
any person guilty of or charged with treason, felony, or other high
misdemeanor in any state, shall flee from justice, and be found in any of the
United States, he shall upon demand of the governor or executive power of the
state from which he fled, be delivered up and removed to the state having
jurisdiction of his offense. Full
faith and credit shall be given in each of these states to the records, acts
and judicial proceedings of the courts and magistrates of every other state. ARTICLE
V. For the more convenient management of the general interests of the United
States, delegates shall be annually appointed in such manner as the
legislature of each state shall direct, to meet in Congress on the first
Monday in November, in every year, with a power, reserved to each state, to
recall its delegates, or any of them, at any time within the year, and to
send others in their stead, for the remainder of the year. No
state shall be represented in Congress by less than two, nor by more than
seven members; and no person shall be capable of being a delegate for more
than three years in any term of six years; nor shall any person, being a
delegate, be capable of holding any office under the United States, for which
he, or another for his benefit receives any salary, fees or emolument of any
kind. Each
state shall maintain its own delegates in a meeting of the states, and while
they act as members of the committee of the states. In
determining questions in the United States, in Congress assembled, each state
shall have one vote. Freedom
of speech and debate in Congress shall not be impeached or questioned in any
court, or place out of Congress, and the members of Congress shall be protected
in their persons from arrests and imprisonments, during the time of their
going to and from, and attendance on Congress, except for treason, felony, or
breach of the peace. ARTICLE
VI. No state without the consent of the United States in Congress assembled,
shall send any embassy to, or receive any embassy from, or enter into any
conference, agreement, alliance or treaty with any king, prince or state; nor
shall any person holding any office of profit or trust under the United
States, or any of them, accept of any, present, emolument, office or title of
any kind whatever from any king, prince or foreign state; nor shall the
United States in Congress assembled, or any of them, grant any title of
nobility. No
two or more states shall enter into any treaty, Confederation or alliance
whatever between them, without the consent of the United States in Congress
asembled, specifying accurately the purposes for which the same is to be
entered into, and how long it shall continue. No
state shall lay any impost or duties, which may interfere with any
stipulations in treaties, entered into by the United States in Congress
assembled, with any king, prince or state, in pursuance of any treaties
already proposed by Congress to the courts of France and Spain. No
vessels of war shall be kept up in time of peace by any state, except such
number only as shall be deemed necessary by the United States in Congress
assembled, for the defence of such state, or its trade; nor shall any body of
forces be kept up by any state, in time of peace except such number only, as
in the judgment of the United States, Congress assembled, shall be deemed
requisite to garrison the forts necessary for the defence of such state; but
every state shall always keep up a well regulated and disciplined militia,
sufficiently armed and accoutered, and shall provide and constantly have
ready for use, in public stores, a due number of field pieces and tents, and
a proper quantity of arms, ammunition and camp equipage. No
state shall engage in any war without the consent of the United States in
Congress assembled, unless such state be actually invaded by enemies, or
shall have received certain advice of a resolution being formed by some
nation of Indians to invade such state, and the danger is so imminent as not
to admit of a delay, till the United States in Congress assembled can be
consulted: nor shall any state grant commissions to any ships or vessels of
war, nor letters of marque or reprisal, except it be after a declaration of
war by the United States in Congress assembled, and then only against the
kingdom or state and the subjects thereof, against which war has been so
declared, and under such regulations as shall be established by the United
States in Congress assembled, unless such state be infested by pirates, in
which case vessels of war be fitted out for that occasion, and kept so long
as the danger shall continue, or until the United States in Congress
assembled shall determine otherwise. ARTICLE
VII. When land forces are raised by any state for the common defence, all
officers of or under the rank of colonel, shall be appointed by the
Legislature of each state respectively by whom such forces shall be raised,
or in such manner as such state shall direct, all vacancies shall be filled
up by the state which first made the appointment. ARTICLE
VIII. All charges of war, and all
other expenses that shall be incurred for the common defence or general
welfare, and allowed by the United States in Congress assembled, shall be
defrayed out of a common treasury, which shall be supplied by the several
states, in proportion to the value of all land within each state, granted to
or surveyed for any person, as such land and the buildings and improvements
thereon shall be estimated according to such mode as the United States in
Congress assembled, shall from time to time direct and appoint. The
taxes for paying that proportion shall be laid and levied by the authority
and direction of the legislatures of the several states within the time
agreed upon by the United States in Congress assembled. ARTICLE
IX. The United States in Congress assembled, shall have the sole and
exclusive right and power of determining on peace and war except in the cases
mentioned in the sixth article_of sending and receiving ambassadors_entering
into treaties and alliances; provided that no treaty of commerce shall be
made whereby the legislative power of the respective states shall be
restrained from imposing such imposts and duties on foreigners, as their own
people are subjected to, or from prohibiting the exportation or importation
of any species of goods or Commodities whatsoever_of establishing rules for
deciding in all cases, what captures on land or water shall be legal, and in
what manner prizes taken
by land or naval forces in the service of the United States shall be divided
or appropriated_of granting letters of marque and reprisal in times of
peace_appointing courts for the trial of piracies and felonies committed on
the high seas and establishing courts for receiving and determining finally
appeals in all cases of captures, provided that no member of Congress shall
be appointed a judge of any of said courts.
The
United States in Congress assembled shall also be the last resort on appeal
in all disputes and differences now subsisting or that hereafter may arise
between two or more states concerning boundary, jurisdiction or any other
cause whatever; which authority shall always be exercised in the manner
following. Whenever the legislative
or Executive authority or lawful agent of any state in controversy with
another shall present a petition to Congress, stating the matter in question
and praying for a hearing, notice thereof shall be given by order of Congress
to the legislative or executive authority of the other state in controversy,
and a day assigned for the appearance of the parties by their lawful agents,
who shall then be directed to appoint by joint consent commissioners or
judges to constitute a court for hearing and determining the matter in
question: but if they can not agree, Congress shall name three persons out of
each of the United States, and from the list of such persons each party shall
alternately strike out one, the petitioners beginning, until the number shall
be reduced to thirteen; and from that number not less than seven, nor more
than nine names, as Congress shall direct, shall in the presence of Congress
be drawn out by lot, and the persons whose names shall be so drawn or any
five of them, shall be ommissioners or judges, to hear and finally determine the
controversy, so always as a major part of the judges who shall hear the cause
shall agree in the determination: and
if either party shall neglect to attend at the day appointed, without showing
reasons, which Congress judge sufficient, or being present shall refuse to
strike, the Congress shall proceed to nominate three persons out of each
state, and the Secretary of Congress shall strike in behalf of such party
absent or refusing; and the judgment and sentence of the court to be
appointed, in the manner before prescribed, shall be final and conclusive;
and if any of the parties shall refuse to submit to the authority of such
court, or to appear or defend their claim or cause, the court shall,
nevertheless proceed to pronounce sentence, or judgment, which shall in like
manner be final and decisive, the judgment or sentence and other proceeds
being in either case transmitted to Congress, and lodged among the acts of
Congress for the security of the parties concerned: provided that every
commissioner, before he sits in judgment, shall take an oath to be
administered by one of the judges of the supreme or superior court of the
state where the cause shall be tried, "well and truly to hear and
determine the matter in question, according to the best of his judgment
without favor, affection, or hope of reward": provided also that no
state shall be deprived of territory for the benefit of the United States. All
controversies concerning the private right of soil claimed under different
grants of two or more states, whose jurisdiction as they may respect such
lands, and the states which passed such grants are adjusted, the said grants
or either of them being at the same time claimed to have originated
antecedent to such settlement of jurisdiction, shall on the petition of
either party to the Congress of the United States, be finally determined as
near as may be in the same manner as is before prescribed for deciding
disputes respecting territorial jurisdiction between the different states. The
United States in Congress assembled shall also have the sole and exclusive
right and power of regulating the alloy and value of coin struck by their own
authority, or by that of respective state fixing the standard of weights and
measures throughout the United States regulating the trade, and managing all
affairs with the Indians, not members
of any of the states, provided that the legislative right of state within its own limits be not
infringed or violated_establishing and regulating post offices from one state
to another, throughout all the United States, and exacting such postage on
the papers passing through the same as may be requisite to defray the
expenses of the said office_appointing all officers of the land forces, in
the service of the United States, excepting regimental officers_appointing
all the officers of the naval forces, and commissioning all officers whatever
in the service of the United States_making rules for the government and regulation of said land and naval
forces, and directing their operations.
The
United States in Congress assembled shall have authority to appoint a
committee, to sit in the recess of Congress, to be denominated "a
Committee of the States," and to consist of one delegate from each
state; and to appoint such other committees and civil officers as may be
necessary for managing the general affairs of the United States under their
direction_to appoint one of their number to preside, provided that no person
be allowed to serve in the office of president more than one year in any term
of three years; to ascertain the necessary sums of money to be raised for the
service of the United States, and to appropriate and apply the same for
defraying the public expenses_to borrow money, or emit bills on the credit of
the United States, transmitting every half year to the respective states an
account of the sums of money so borrowed or emitted_to build and equip a
navy_to agree upon the number of land forces, and to make requisitions from
each state for its quota, in proportion to the number of white inhabitants in
such state; which requisition shall be binding, and therepon the legislature
of each state shall appoint the regimental officers, raise the men and
clothe, arm and equip them in a soldierlike manner, at the expense of the
United States; and the officers and men so clothed, armed and equipped shall
march to the place appointed, and within the time agreed on by the United
States in Congress assembled: but if the United States in Congress assembled
shall, on consideration of circumstances judge proper that any state should
not raise men, or should raise a smaller number than its quota, and that any
other state should raise a greater number of men than the quota thereof, such
extra number shall be raised, officered, clothed, armed and equipped in the same
manner as the quota of such state, unless the legislature of such state shall
judge that such extra number can not be safely spared out of the same, in
which case they shall raise, officer, clothe, arm and equip as many of such
extra number as they judge can be safely spared. And the officers and men so clothed, armed and equipped, shall
march to the place appointed, and within the time agreed on by the United
States in Congress assembled. The
United States in Congress assembled shall never engage in war, nor grant
letters of marque and reprisal in time of peace, nor enter into any treaties
or alliances, nor coin money, nor regulate the value thereof, nor ascertain
the sums and expenses necessary for the defense and welfare of the United
States, or any of them, nor emit bills, nor borrow money on the credit of the
United States, nor appropriate money, nor agree upon the number of vessels of
war, to be built or purchased, or the number of land or sea forces to be
raised, nor appoint a commander-in-chief of the army or navy, unless nine
states assent to the same: nor shall a question on any other point, except
for adjourning from day to day be determined, unless by the votes of a
majority of the United States in Congress assembled. The
Congress of the United States shall have power to adjourn to any time within
the year, and to any place within the United States, so that no period of
adjournment be for a longer duration than the space of six months; and shall
publish the journal of their proceedings monthly, except such parts thereof
relating to treaties, alliances or military operations, as in their judgment
require secrecy; and the yeas and nays of the delegates of each state on any
question shall be entered on the journal, when it is desired by any delegate;
and the delegates of a state, or any of them, at his or their request, shall
be furnished with transcript of the said journal, except such parts as are
above excepted to lay before the legislatures of the several states. ARTICLE
X. The Committee of the States, or any nine of them shall be authorized to
execute, in the recess of Congress, such of the powers of Congress as the
United States in Congress assembled, by the consent of nine states, shall
from time to time think expedient to vest them with; provided that no power
be delegated to the said committee for the exercise of which, by the Articles
of Confederation, the voice of nine states in the Congress of the United
States assembled is requisite. ARTICLE
XI. Canada acceding to this Confederation, and joining in the measures of the
United States, shall be admitted into, and entitled to all the advantages of
this Union: but no other colony shall be admitted into the same, unless such
admission be agreed to by nine states. ARTICLE
XII. All bills of credit emitted, moneys borrowed and debts contracted by, or
under the authority of Congress, before the assembling of the United States,
in pursuance of the present confederation, shall be deemed and considered as
a charge against the United States, for payment and satisfaction whereof the
said United States and the public faith are hereby solemnly pledged. ARTICLE
XIII. Every state shall abide by the determinations of the United States in
Congress assembled, on all questions which by this Confederation are submitted
to them. And the Articles of this
Confederation shall be inviolably observed by every state, and the Union
shall be perpetual; nor shall any alteration at any time hereafter be made in
any of them, unless such alteration be agreed to in a Congress of the United
States, and be afterwards confirmed by the legislatures of every state. AND
WHEREAS it hath pleased the Great Governor of the world to incline the hearts
of the legislatures we respectively represent in Congress, to approve of, and
to authorize us to ratify the said Articles of Confederation and perpetual
Union. Know ye that we the
undersigned delegates, by virtue of the power and authority to us given for
that purpose, do by these presents, in the name and in behalf of our
respective constituents, fully and entirely ratify and confirm each and every
of the said Articles of Confederation and perpetual Union, and all and
singular the matters and things therein contained: and we do further solemnly
plight and engage the faith of our
respective constituents, that they shall abide by the determinations of the
United States Congress assembled, on all questions, which by the said
Confederation are submitted to them.
And that the articles thereof shall be inviolably observed by the
states we respectively represent, and that the Union shall be perpetual. IN
WITNESS WHEREOF we have hereunto set our hands in Congress. Done
at Philadelphia in the State of Pennsylvania the ninth day of July in the
year of our Lord one thousand seven hundred and seventy-eight, and in the
third year of the independence of America.
|
Constitution Of The United
States Of America 1788 Democratic
Republic Is Established |
We
the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic
Tranquility, provide for the common
defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our
Posterity, do ordain and establish this Constitution for the United States of
America. Article.
I. -- Legislature Established. Article
II. -- Executive Branch Established. Article
III. -- Judicial Branch Established. Article.
IV. -- States' Rights Secured And Safeguarded. Article.
V. -- Amendability Of The Constitution Established. Article.
VI. -- Rule Of Law Established -- This Constitution, and the Laws of the
United States which shall be made in Pursuance thereof; and all Treaties
made, or which shall be made, under the Authority of the United States, shall
be the supreme Law of the Land; and the Judges in every State shall be bound
thereby, any Thing in the Constitution or Laws of any State to the Contrary
notwithstanding. Article.
VII. -- Ratification Process For The Constitution Established. ____________________________ ________________________ _________________ We
the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic
Tranquility, provide for the common
defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our
Posterity, do ordain and establish
this Constitution for the United States of America. Article.
I. Section.
1. All legislative Powers herein
granted shall be vested in a
Congress of the United States, which shall consist of a Senate and House
of Representatives. Section.
2. (Clause 1) The House of
Representatives shall be composed of
Members chosen every second Year by the People of the several States, and the Electors in each
State shall have the Qualifications requisite for Electors of the most
numerous Branch of the State Legislature. (Cl. 2) No Person shall be a
Representative who shall not have
attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and
who shall not, when elected, be an
Inhabitant of that State in which he shall be chosen. (Cl. 3) Representatives and direct
Taxes shall be apportioned
among the several States which may be included within this Union,
according to their respective Numbers, which shall be determined by adding to
the whole Number of free Persons, *(including those bound to Service for a
Term of Years), and excluding Indians not taxed, *(three fifths of all other
Persons). The actual Enumeration
shall be made within three Years after the first Meeting of the Congress of
the United States, and within every subsequent Term of ten Years, in such
Manner as they shall by Law direct.
The Number of Representatives
shall not exceed one for every thirty
Thousand, but each State shall have at Least one Representative; and
until such enumeration shall be made, the State of New Hampshire shall be
entitled to chuse three, Massachusetts eight, Rhode-Island and Providence
Plantations one, Connecticut five, New-York six, New Jersey four,
Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina
five, South Carolina five, and
Georgia three. *(see 13th and 14th Amendments) (Cl. 4) When vacancies happen in the
Representation from any State,
the Executive Authority thereof shall issue Writs of Election to fill such
Vacancies. (Cl 5) The House of Representatives
shall chuse their Speaker and
other Officers; and shall have the sole Power of Impeachment. Section.
3. (Cl. 1) The Senate of the United
States shall be composed of
two Senators from each State, *(chosen by the Legislature thereof,)
for six Years; and each Senator shall have one Vote. *(see 17th Amendment) (Cl. 2) Immediately after they shall
be assembled in Consequence of the first Election, they shall be divided as
equally as may be into three Classes.
The Seats of the Senators of the first Class shall be vacated at the
Expiration of the second Year, of the second Class at the Expiration of the
fourth Year, and the third Class at the Expiration of the sixth Year, so that
one third may be chosen every second Year; *(and if Vacancies happen by
Resignation, or otherwise, during the Recess of the Legislature of any State,
the Executive thereof may make temporary Appointments until the next Meeting
of the Legislature, which shall then fill such Vacancies.) *(see 17th
Amendment) (Cl. 3) No Person shall be a Senator
who shall not have attained to
the Age of thirty Years, and been nine Years a Citizen of the United States,
and who shall not, when elected, be an Inhabitant of that State for which he
shall be chosen. (Cl. 4) The Vice President of the
United States shall be
President of the Senate, but shall have no Vote, unless they be
equally divided. (Cl 5) The Senate shall chuse their
other Officers, and also a President pro tempore, in the Absence of the Vice
President, or when he shall exercise the Office of President of the United
States. (Cl. 6) The Senate shall have the
sole Power to try all Impeachments.
When sitting for that Purpose, they shall be on Oath or
Affirmation. When the President of
the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without
the Concurrence of two thirds of the Members present. (Cl. 7) Judgment in Cases of
Impeachment shall not extend
further than to removal from Office, and disqualification to hold and
enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless
be liable and subject to Indictment, Trial, Judgment and Punishment,
according to Law. Section.
4. (Cl. 1) The Times, Places and Manner
of holding Elections for
Senators and Representatives, shall be prescribed in each State by the
Legislature thereof; but the Congress may at any time by Law make or alter
such Regulations, except as to the Places of chusing Senators. (Cl. 2) The Congress shall assemble
at least once in every Year, and such Meeting shall be *(on the first Monday
in December) unless they shall by Law appoint a different Day. *(see 20th
Amendment) Section.
5. (Cl. 1) Each House shall be the
Judge of the Elections, Returns and Qualifications of its own Members, and a
Majority of each shall constitute a Quorum to do Business; but a smaller
Number may adjourn from day to day, and may be authorized to compel the
Attendance of absent Members, in such Manner, and under such Penalties as
each House may provide. (Cl. 2) Each House may determine the
Rules of its Proceedings, punish its Members for disorderly Behaviour, and,
with the Concurrence of two thirds, expel a Member. (Cl. 3) Each House shall keep a
Journal of its Proceedings, and
from time to time publish the same, excepting such Parts as may in their
Judgment require Secrecy; and the Yeas and Nays of the Members of either
House on any question shall, at the Desire of one fifth of those Present, be
entered on the Journal. (Cl. 4) Neither House, during the Session of Congress,
shall, without the Consent of
the other, adjourn for more than three days, nor to any other Place than that in which the
two Houses shall be sitting. Section.
6. (Cl. 1) The Senators and
Representatives shall receive a
Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the
United States. They shall in all
Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the
Session of their respective Houses, and in going to and returning from the
same; and for any Speech or Debate in either House, they shall not be
questioned in any other Place. (Cl. 2) No Senator or Representative
shall, during the Time for
which he was elected, be appointed to any civil Office under the Authority of
the United States, which shall have been created, or the Emoluments whereof
shall have been encreased during such time; and no Person holding any Office
under the United States, shall be a Member of either House during his
Continuance in Office. Section.
7. (Cl. 1) All Bills for raising
Revenue shall originate in the House of Representatives; but the Senate may
propose or concur with Amendments as on other Bills. (Cl. 2) Every Bill which shall have
passed the House of
Representatives and the Senate, shall, before it become a Law, be
presented to the President of the United States; If he approve he shall sign
it, but if not he shall return it, with his Objections to that House in which
it shall have originated, who shall enter the Objections at large on
their Journal, and proceed to
reconsider it. If after such Reconsideration two thirds of that House
shall agree to pass the Bill, it shall be sent, together with the Objections,
to the other House, by which it shall likewise be reconsidered, and if
approved by two thirds of that House, it shall become a Law. But in all such
Cases the Votes of both Houses shall be determined by yeas and Nays, and the
Names of the Persons voting for and against the Bill shall be entered on
the Journal of each House
respectively. If any Bill shall not
be returned by the President within ten Days (Sundays excepted) after it shall
have been presented to him, the Same shall be a Law, in like Manner as if he
had signed it, unless the Congress by their Adjournment prevent its
Return, in which Case it shall not be
a Law. (Cl. 3) Every Order, Resolution, or
Vote to which the Concurrence of
the Senate and House of Representatives may be necessary (except on a
question of Adjournment) shall be presented to the President of the United
States; and before the Same shall take Effect, shall be approved by him, or
being disapproved by him, shall be repassed by two thirds of the Senate and
House of Representatives, according to the Rules and Limitations prescribed
in the Case of a Bill. Section.
8. (Cl. 1) The Congress shall have
Power To lay and collect
Taxes, Duties, Imposts and Excises, to pay the Debts and provide for
the common Defence and general Welfare of the United States; but all Duties,
Imposts and Excises shall be uniform throughout the United States; (Cl. 2) To borrow Money on the
credit of the United States; (Cl. 3) To regulate Commerce with
foreign Nations, and among the several States, and with the Indian Tribes; (Cl. 4) To establish an uniform Rule
of Naturalization, and uniform
Laws on the subject of Bankruptcies throughout the United States; (Cl. 5) To coin Money, regulate the
Value thereof, and of foreign
Coin, and fix the Standard of Weights and Measures; (Cl. 6) To provide for the
Punishment of counterfeiting the
Securities and current Coin of the United States; (Cl. 7) To establish Post Offices
and post Roads; (Cl. 8) To promote the Progress of
Science and useful Arts, by
securing for limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries; (Cl. 9) To constitute Tribunals
inferior to the supreme Court; (Cl. 10) To define and punish
Piracies and Felonies committed
on the high Seas, and Offences against the Law of Nations; (Cl. 11) To declare War, grant Letters of Marque and Reprisal, and
make Rules concerning Captures on Land and Water; (Cl. 12) To raise and support
Armies, but no Appropriation
of Money to that Use shall be for a longer Term than two Years; (Cl. 13) To provide and maintain a
Navy; (Cl. 14) To make Rules for the
Government and Regulation of
the land and naval Forces; (Cl. 15) To provide for calling
forth the Militia to execute
the Laws of the Union, suppress Insurrections and repel Invasions; (Cl. 16) To provide for organizing,
arming, and disciplining, the
Militia, and for governing such Part of them as may be employed in the
Service of the United States, reserving to the States respectively, the
Appointment of the Officers, and the Authority of training the Militia
according to the discipline prescribed by Congress; (Cl. 17) To exercise exclusive
Legislation in all Cases
whatsoever, over such District (not exceeding ten Miles square) as
may, by Cession of particular States, and the Acceptance of Congress, become
the Seat of the Government of the United States, and to exercise like
Authority over all Places purchased by the Consent of the Legislature of the
State in which the Same shall be, for the Erection of Forts, Magazines,
Arsenals, dock-Yards, and other needful Buildings;-And (Cl. 18) To make all Laws which
shall be necessary and proper
for carrying into Execution the foregoing Powers, and all other Powers vested
by this Constitution in the Government of the United States, or in any
Department or Officer thereof. Section.
9. (Cl. 1) The Migration or Importation
of such Persons as any of the
States now existing shall think proper to admit, shall not be prohibited by
the Congress prior to the Year one thousand eight hundred and eight, but a
Tax or duty may be imposed on such Importation, not exceeding ten dollars for
each Person. (Cl. 2) The Privilege of the Writ of
Habeas Corpus shall not be
suspended, unless when in Cases of Rebellion or Invasion the public Safety
may require it. (Cl. 3) No Bill of Attainder or ex
post facto Law shall be
passed. (Cl. 4) No Capitation, or other direct,
Tax shall be laid, unless in
Proportion to the Census or Enumeration herein before directed to be taken. (Cl. 5) No Tax or Duty shall be laid
on Articles exported from any
State. (Cl. 6) No Preference shall be given
by any Regulation of Commerce
or Revenue to the Ports of one State over those of another: nor shall Vessels
bound to, or from, one State, be obliged to enter, clear, or pay Duties in
another. (Cl. 7) No Money shall be drawn from
the Treasury, but in
Consequence of Appropriations made by Law; and a regular Statement and Account of the
Receipts and Expenditures of
all public Money shall be published from time to time. (Cl. 8) No Title of Nobility shall
be granted by the United
States: And no Person holding any Office of Profit or Trust under them, shall, without the
Consent of the Congress,
accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince,
or foreign State. Section.
10. (Cl. 1) No State shall enter into
any Treaty, Alliance, or
Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make
any Thing but gold and silver
Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the
Obligation of Contracts, or grant any Title of Nobility. (Cl. 2) No State shall, without the
Consent of the Congress, lay
any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for
executing it's inspection Laws:
and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall
be for the Use of the Treasury
of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress. (Cl. 3) No State shall, without the
Consent of Congress, lay any
Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another
State, or with a foreign Power, or engage in War, unless actually invaded, or
in such imminent Danger as will not admit of delay. Article.
II. Section.
1. (Cl. 1) The executive Power shall be
vested in a President of the
United States of America. He shall hold his Office during the Term of four Years, and,
together with the Vice President,
chosen for the same Term, be elected, as follows (Cl. 2) Each State shall appoint, in
such Manner as the Legislature
thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to
which the State may be
entitled in the Congress: but no
Senator or Representative, or
Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. (Cl. 3) *(The Electors shall meet in
their respective States, and
vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same
State with themselves. And they shall make a List of all the
Persons voted for, and of the
Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of
the Government of the United
States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and
House of Representatives, open
all the Certificates, and the Votes shall then be counted.
The Person having the greatest Number of Votes shall be the President, if such
Number be a Majority of the whole
Number of Electors appointed; and if there be more than one who have such Majority, and have an
equal Number of Votes, then the
House of Representatives shall immediately chuse by Ballot one of them for President; and if no
Person have a Majority, then from
the five highest on the List the said House shall in like manner chuse the President.
But in chusing the President, the Votes shall be taken by States, the Representation from each
State having one Vote; A
quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a
Majority of all the States
shall be necessary to a Choice. In
every Case, after the Choice
of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice
President. But if there should remain two or more
who have equal Votes, the
Senate shall chuse from them by Ballot the Vice President.) *(see 12th Amendment) (Cl. 4) The Congress may determine
the Time of chusing the
Electors, and the Day on which they shall give their Votes; which Day shall be the same
throughout the United States. (Cl. 5) No Person except a natural
born Citizen, or a Citizen of
the United States, at the time of the Adoption of this Constitution, shall be eligible to
the Office of President;
neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty
five Years, and been fourteen
Years a Resident within the United States. (Cl. 6) *(In Case of the Removal of
the President from Office, or
of his Death, Resignation, or Inability to discharge the Powers and Duties of the said
Office, the Same shall devolve
on the Vice President, and the Congress may by Law provide for the Case of Removal, Death,
Resignation or Inability, both of
the President and Vice President, declaring what Officer shall then act as President, and such
Officer shall act accordingly,
until the Disability be removed, or a President shall be
elected.) *(see 25th Amendment) (Cl. 7) The President shall, at
stated Times, receive for his
Services, a Compensation, which shall neither be encreased nor diminished during the Period for which
he shall have been elected,
and he shall not receive within that Period any other Emolument from the United States, or any of
them. (Cl. 8) Before he enter on the
Execution of his Office, he shall
take the following Oath or Affirmation:-"I do solemnly swear (or affirm) that I will faithfully
execute the Office of President
of the United States, and will to the best of my Ability, preserve, protect and defend the
Constitution of the United States." Section.
2. (Cl. 1) The President shall be
Commander in Chief of the Army and Navy of the United States, and of the
Militia of the several States, when called into the actual Service of the
United States; he may require the Opinion, in writing, of the principal
Officer in each of the executive
Departments, upon any Subject relating
to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for
Offences against the United States, except in Cases of Impeachment. (Cl. 2) He shall have Power, by and
with the Advice and Consent of the Senate, to make Treaties, provided two
thirds of the Senators present
concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public
Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose
Appointments are not herein
otherwise provided for, and which shall be established by Law: but the Congress may by Law vest
the Appointment of such
inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the
Heads of Departments. (Cl. 3) The President shall have
Power to fill up all Vacancies
that may happen during the Recess of the Senate, by granting Commissions which shall expire at
the End of their next Session. Section.
3. He shall from time to time give to
the Congress Information of the State of the Union, and recommend to their
Consideration such Measures as
he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or
either of them, and in Case of
Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such
Time as he shall think proper; he shall receive Ambassadors and other public
Ministers; he shall take Care that the Laws be faithfully Executed, and shall Commission all
the Officers of the United
States. Section.
4. The President, Vice President and
all civil Officers of the
United States, shall be removed from Office on impeachment for, and Conviction of, Treason,
Bribery, or other high Crimes and
Misdemeanors. Article
III. Section.
1. The judicial Power of the United
States, shall be vested in one
supreme Court, and in such inferior Courts as the Congress may from time to time ordain and
establish. The Judges, both of the supreme and inferior Courts,
shall hold their Offices during
good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which
shall not be diminished during
their Continuance in Office. Section.
2. (Cl. 1) The judicial Power shall
extend to all Cases, in Law and
Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which
shall be made, under their
Authority;-to all Cases affecting Ambassadors, other public Ministers and Consuls;-to all Cases
of admiralty and maritime
Jurisdiction;-to Controversies to which the United States shall be a Party;-to Controversies
between two or more States; *(between
a State and Citizens of another State);-between Citizens of different Sates;-between Citizens
of the same State claiming
Lands under Grants of different States, *(and between a State, or the Citizens thereof, and foreign
States, Citizens or Subjects.)
*(see 11th Amendment) (Cl. 2) In all Cases affecting
Ambassadors, other public Ministers and Consuls, and those in which a State
shall be Party, the supreme
Court shall have original Jurisdiction.
In all the other Cases before mentioned, the supreme Court shall have
appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and
under such Regulations as the Congress shall make. (Cl. 3) The Trial of all Crimes,
except in Cases of Impeachment, shall be by Jury; and such Trial shall be
held in the State where the said Crimes shall have been committed; but when
not committed within any State, the Trial shall be at such Place or Places as
the Congress may by Law have directed. Section.
3. (Cl. 1) Treason against the United
States, shall consist only in
levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of
two Witnesses to the same
overt Act, or on Confession in open Court. (Cl. 2) The Congress shall have
Power to declare the Punishment of Treason, but no Attainder of Treason shall
work Corruption of Blood, or Forfeiture except during the Life of the Person
attainted. Article.
IV. Section.
1. Full Faith and Credit shall be given
in each State to the public
Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records
and Proceedings shall be
proved, and the Effect thereof. Section.
2. (Cl. 1) The Citizens of each State
shall be entitled to all
Privileges and Immunities of Citizens in the several States. (Cl. 2) A Person charged in any
State with Treason, Felony, or
other Crime, who shall flee from Justice, and be found in another State, shall on Demand of
the executive Authority of the
State from which he fled, be delivered up, to be removed to the State having Jurisdiction of
the Crime. (Cl. 3) *(No Person held to Service
or Labour in one State, under
the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be
discharged from such Service
or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.) *(see 13th Amendment) Section.
3. (Cl. 1) New States may be admitted
by the Congress into this
Union; but no new State shall be formed or erected within the Jurisdiction of any other State;
nor any State be formed by the
Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the
States concerned as well as of
the Congress. (Cl. 2) The Congress shall have
Power to dispose of and make all needful Rules and Regulations respecting the
Territory or other Property
belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any
Claims of the United States,
or of any particular State. Section.
4. The United States shall guarantee to
every State in this Union a
Republican Form of Government, and shall protect each of them against Invasion; and on
Application of the Legislature, or of
the Executive (when the Legislature cannot be convened) against domestic Violence. Article.
V. The Congress, whenever two thirds of
both Houses shall deem it necessary,
shall propose Amendments to this Constitution, or, on the Application of the
Legislatures of two thirds of the
several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and
Purposes, as Part of this
Constitution, when ratified by the Legislatures of three fourths of the several States, or by
Conventions in three fourths
thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided
that no Amendment which may be
made prior to the Year One thousand eight
hundred and eight shall in any Manner affect the first and fourth
Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall
be deprived of it's equal Suffrage in the Senate. Article.
VI. (Cl. 1) All Debts contracted and
Engagements entered into,
before the Adoption of this Constitution, shall be as valid against the United States under
this Constitution, as under the
Confederation. (Cl. 2) This Constitution, and the
Laws of the United States
which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States,
shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any
Thing in the Constitution or
Laws of any State to the Contrary notwithstanding. (Cl. 3) The Senators and
Representatives before mentioned, and the Members of the several State
Legislatures, and all executive
and judicial Officers, both of the United States and of the several
States, shall be bound by Oath or Affirmation, to support this Constitution;
but no religious Test shall ever be required as a Qualification to any Office
or public Trust under the United
States. Article.
VII. (Cl. 1) The Ratification of the
Conventions of nine States,
shall be sufficient for the Establishment of this Constitution between the States so ratifying the
Same. (Cl. 2) done in Convention by the
Unanimous Consent of the States present the Seventeenth Day of September in
the Year of our Lord one thousand seven hundred and Eighty seven and of
the Independence of the United
States of America the Twelfth
In
Witness whereof We have hereunto subscribed our Names, Go.
Washington-Presidt. and deputy from Virginia New
Hampshire: John Langdon, Nicholas Gilman Massachusetts:
Nathaniel Gorham, Rufus King Connecticut:
Wm: Saml. Johnson, Roger Sherman New
York: Alexander Hamilton New
Jersey: Wil: Livingston, David Brearly, Wm. Paterson, Jona:
Dayton Pensylvania:
B Franklin, Thomas Mifflin, Robt Morris, Geo.
Clymer, Thos FitzSimons, Jared Ingersoll, James Wilson, Gouv Morris Delaware:
Geo: Read, Gunning Bedford jun, John Dickinson, Richard
Bassett, Jaco: Broom Maryland:
James McHenry, Dan of St Thos Jenifer, Danl Carroll Virginia:
John Blair_, James Madison Jr. North
Carolina :Wm.. Blount, Richd. Dobbs Spaight, Hu Williamson South
Carolina: J. Rutledge, Charles Cotesworth Pinckney, Charles
Pinckney, Pierce Butler Georgia:
William Few, Abr Baldwin Attest
William Jackson Secretary ================== Ratification
dates: 1.
Delaware
December 7, 1787 2.
Pennsylvania
December 12, 1787 3.
New Jersey
December 19, 1787 4.
Georgia
January 2, 1788 5.
Connecticut
January 9, 1788 6.
Massachusetts
February 6, 1788 7.
Maryland
April 28, 1788 8.
South Carolina May
23, 1788 9.
New Hampshire June
21, 1788 10. Virginia
June 25, 1788 11. New York July 26, 1788 12. North Carolina November 21, 1789 13. Rhode Island May 29, 1790 |
Amendments To The
Constitution Of The United
States Of America The Powers
And Authorities Of The
Government Are Refined And
Clarified. |
Congress
of the United States, begun and held at the City of New-York, on Wednesday
the Fourth of March, one thousand seven hundred and eighty nine. THE
Conventions of a number of the States, having at the time of their adopting
the Constitution, expressed a desire, in order to prevent misconstruction or
abuse of its powers, that further declaratory and restrictive clauses should
be added: And as extending the ground
of public confidence in the Government, will best ensure the beneficent ends
of its institution. RESOLVED,
by the Senate and House of Representatives of the United States of America,
in Congress Assembled, two thirds of both Houses concurring, that the
following Articles be proposed to the Legislatures of the several States, as
Amendments to the Constitution of the United States, all, or any of which
Articles, when ratified by three fourths of the said Legislatures, to be
valid to all intents and purposes, as part of the said Constitution;
viz.t. ARTICLES in addition to,
and Amendment of the Constitution ofthe United States of America, proposed by
Congress, and ratified by the Legislatures of the several States, pursuant to
the fifth Article of the original Constitution... Frederick
Augustus Muhlenburg Speaker of the
House of Representatives. John
Adams, Vice-President of the United States, and President of the Senate. Attest,
John Beckley, Clerk of the House of Representatives. Sam.
A. Otis Secretary of the Senate. Amendment
I (December 15, 1791) Congress
shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of
speech, or of the press, or the right of the people peaceably to assemble, and to petition the
Government for a redress of
grievances. Amendment
II A well regulated Militia, being
necessary to the security of a
free State, the right of the people to keep and bear Arms, shall not be infringed. Amendment
III No Soldier shall, in time of peace
be quartered in any house,
without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Amendment
IV The right of the people to be secure
in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not be violated, and no
Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly describing the place
to be searched, and the
persons or things to be seized. Amendment
V No person shall be held to answer
for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising
in the land or naval forces,
or in the Militia, when in actual service in time of War or public danger; nor shall any person
be subject for the same
offence to be twice put in jeopardy of life or limb, nor shall be compelled
in any criminal case to be a witness against himself, nor be deprived of
life, liberty, or property, without due process of law; nor shall private
property be taken for public use without just compensation. Amendment
VI In all criminal prosecutions, the
accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the State and district wherein the crime
shall have been committed, which
district shall have been previously ascertained by law, and to be informed of the nature and cause
of the accusation; to be
confronted with the witnesses against him; to have compulsory process for obtaining witnesses in
his favor, and to have the
Assistance of Counsel for his defence. Amendment
VII In Suits at common law, where the
value in controversy shall
exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury,
shall be otherwise reexamined in any Court of the United States, than
according to the rules of the common law. Amendment
VIII Excessive bail shall not be
required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted. Amendment
IX The enumeration in the Constitution,
of certain rights, shall not be
construed to deny or disparage others retained by the people. Amendment
X (December 15, 1791) The powers not delegated to the
United States by the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people. Amendment
XI (February 7, 1795) The Judicial power of the United
States shall not be construed to extend to any suit in law or equity,
commenced or prosecuted
against one of the United States by Citizens of another State, or by Citizens or Subjects of any
Foreign State. Amendment
XII (June 15, 1804) The Electors shall meet in their
respective states, and vote by
ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the
same state with themselves;
they shall name in their ballots the person voted for as President, and in distinct ballots
the person voted for as Vice-President, and they shall make distinct lists of
all persons voted for as
President, and of all persons voted for as Vice-President, and of the number
of votes for each, which lists they
shall sign and certify, and transmit sealed to the seat of the government of the United States,
directed to the President of
the Senate;_The President of the Senate shall, in the presence of the Senate and House of
Representatives, open all the
certificates and the votes shall then be counted;_The person having the greatest number of votes
for President, shall be the
President, if such number be a majority of the whole number of Electors appointed; and if no
person have such majority, then
from the persons having the highest numbers not exceeding three on the list of those voted for as
President, the House of
Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes
shall be taken by states, the
representation from each state having one vote; a quorum for this purpose shall consist of a
member or members from
two-thirds of the states, and a majority of all the states shall be necessary to a choice. *(And if the House of Representatives shall not choose a
President whenever the right
of choice shall devolve upon them, before the fourth day of March next following, then the
Vice-President shall act as President, as in the case of the death or other constitutional
disability of the
President)._The person having the greatest number of votes as Vice-President, shall be the
Vice-President, if such number
be a majority of the whole number of Electors appointed, and if no person have a majority, then
from the two highest numbers
on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of
two-thirds of the whole number
of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible
to the office of President shall be eligible to that of Vice-President of the
United States.*(see section 3 of 20th Amendment) Amendment
XIII (December 6, 1865) Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof
the party shall have been duly
convicted, shall exist within the United States, or any place subject to their
jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. Amendment
XIV (July 9, 1868) Section 1. All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States and of the State
wherein they reside. No State shall make or enforce any law which
shall abridge the privileges
or immunities of citizens of the United States; nor shall any State deprive any person of life,
liberty, or property, without
due process of law; nor deny to any person within its
jurisdiction the equal
protection of the laws. Section 2. Representatives shall be apportioned among the several States according to their
respective numbers, counting
the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice
President of the United States,
Representatives in Congress, the Executive and Judicial officers of a State, or the members of the
Legislature thereof, is denied
to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the
United States, or in any way
abridged, except for participation in rebellion, or other crime, the basis of representation therein
shall be reduced in the
proportion which the number of such male citizens shall bear to the whole number of male citizens
twenty-one years of age in
such State. Section 3. No person shall be a Senator or Representative in Congress, or elector of
President and Vice President, or hold
any office, civil or military, under the United States, or under any State,
who, having previously taken an oath, as a member of Congress, or as an
officer of the United States, or as a member of any State legislature, or as
an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged
in insurrection or rebellion against
the same, or given aid or comfort to the
enemies thereof. But Congress
may by a vote of two-thirds of each
House, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts
incurred for payment of
pensions and bounties for services in suppressing insurrection or rebellion, shall not be
questioned. But neither the
United States nor any State shall
assume or pay any debt or obligation
incurred in aid of insurrection or rebellion against the United States, or any claim for the loss
or emancipation of any slave;
but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the
provisions of this article. Amendment
XV (February 3, 1870) Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by
any State on account of race,
color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by
appropriate legislation. Amendment
XVI (February 3, 1913) The Congress shall have power to lay
and collect taxes on incomes, from whatever source derived, without
apportionment among the several States, and without regard to any census or
enumeration. Amendment
XVII (April 8, 1913) The Senate of the United States
shall be composed of two Senators from each State, elected by the people
thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the
qualifications requisite for electors of the most numerous branch of the State legislatures. When vacancies happen in the
representation of any State in the
Senate, the executive authority of such State shall issue writs of election to fill such
vacancies: Provided, That the legislature of any State may
empower the executive thereof to
make temporary appointments until the people fill the vacancies by election as the legislature may
direct. This amendment shall not be so
construed as to affect the
election or term of any Senator chosen before it becomes valid as part of the Constitution. Amendment
XVIII* (January 16, 1919) Section 1. After one year from the ratification of this article the manufacture, sale, or
transportation of intoxicating liquors within, the importation thereof into, or the exportation
thereof from the United States
and all territory subject to the
jurisdiction thereof for beverage purposes is hereby prohibited. Section 2. The Congress and the several States shall have concurrent power to enforce this
article by appropriate legislation. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment
to the Constitution by the
legislatures of the several States, as provided in the Constitution,
within seven years from the date of the submission hereof to the States by
the Congress.*(see 21st Amendment) Amendment
XIX (August 18, 1920) The right of citizens of the United States to vote shall not
be denied or abridged by the
United States or by any State on
account of sex. Congress shall have power to enforce
this article by appropriate
legislation. Amendment
XX (January 23, 1933) Section 1. The terms of the President and Vice President shall end at noon on the 20th day of
January, and the terms of Senators
and Representatives at noon on the 3d day of January, of the
years in which such terms
would have ended if this article had not been ratified; and the terms of their successors shall
then begin. Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin
at noon on the 3d day of
January, unless they shall by law appoint a different day. Section 3. If, at the time fixed for the beginning of the term of the President, the President
elect shall have died, the Vice
President elect shall become President. If a President shall not have been chosen before the time fixed
for the beginning of his term, or if the President elect shall have failed to
qualify, then the Vice President elect shall act as President until a
President shall have qualified; and the Congress may by law provide for the
case wherein neither a President elect
nor a Vice President elect shall have qualified, declaring who shall
then act as President, or the manner in which one who is to act shall be
selected, and such person shall act accordingly until a President or Vice
President shall have qualified. Section 4. The Congress may by law provide for the case of the death of any of the persons
from whom the House of
Representatives may choose a President whenever the right of choice
shall have devolved upon them, and for the case of the death of any of the
persons from whom the Senate may choose a Vice President whenever the right
of choice shall have devolved upon them. Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification
of this article. Section 6. This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within
seven years from the date of its submission. Amendment
XXI (December 5, 1933) Section 1. The eighteenth article of amendment to the Constitution of the United States
is hereby repealed. Section 2. The transportation or importation into any State, Territory, or possession of the
United States for delivery or
use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment
to the Constitution by
conventions in the several States, as provided in the
Constitution, within seven
years from the date of the submission hereof to the States by the Congress. Amendment
XXII (February 27, 1951) Section 1. No person shall be elected to the office of the President more than twice, and no
person who has held the office
of President, or acted as President, for more than two years of a term to
which some other person was elected President shall be elected to the office
of the President more than once. But
this Article shall not apply to any person holding the office of President
when this article was proposed by the Congress, and shall not prevent any
person who may be holding the office of President, or acting as President,
during the term within which this Article becomes operative from holding the
office of President or acting as President during the remainder of such term. Section 2. This article shall be inoperative unless it shall have been ratified as an amendment
to the Constitution by the
legislatures of three-fourths of the several States within seven years from the date of its
submission to the States by the Congress. Amendment
XXIII (March 29, 1961) Section 1. The District constituting the seat of government of the United States shall appoint in
such manner as the Congress
may direct: A number of electors of President and Vice President equal
to the whole number of Senators and Representatives in Congress to which the
District would be entitled if it were a State, but in no event more than the
least populous State; they shall be in
addition to those appointed
by the States, but they shall be
considered, for the purposes of the election of President and Vice President, to be electors
appointed by a State; and they
shall meet in the District and perform such duties as provided by the twelfth article of
amendment. Section 2. The Congress shall have power to enforce this article by appropriate legislation. Amendment
XXIV (January 23, 1964) Section 1. The right of citizens of the United States to vote in any primary or other election
for President or Vice President,
for electors for President or Vice President, or for Senator or Representative in Congress, shall
not be denied or abridged by
the United States or any State by reason of failure to pay any poll tax or other tax. Section 2. The Congress shall have power to enforce this article by
appropriate legislation. Amendment
XXV (February 10, 1967) Section 1. In case of the removal of the President from office or of his death or resignation, the
Vice President shall become
President. Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall
nominate a Vice President who
shall take office upon confirmation by a majority vote of both Houses of Congress. Section 3. Whenever the President transmits to the President pro tempore of the Senate and the
Speaker of the House of Representatives his written declaration
that he is unable to discharge
the powers and duties of his office, and until he transmits to them a written declaration to the contrary,
such powers and duties shall
be discharged by the Vice President as Acting President. Section 4. Whenever the Vice President and a majority of either the
principal officers of the executive departments or of such other body as Congress may by law
provide, transmit to the President
pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that
the President is unable to
discharge the powers and duties of his office, the Vice President shall
immediately assume the powers and duties of the office as Acting President. Thereafter, when the President
transmits to the President pro
tempore of the Senate and the Speaker of the House of Representatives his written
declaration that no inability exists, he shall resume the powers and duties
of his office unless the Vice President and a majority of either the
principal officers of the executive department or of such other body as
Congress may by law provide, transmit within four days to the President pro
tempore of the Senate and the Speaker of the House of Representatives their
written declaration that the President
is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the
issue, assembling within forty-eight
hours for that purpose if not in session.
If the Congress, within
twenty-one days after receipt of the latter written declaration, or, if Congress is not in session,
within twenty-one days after
Congress is required to assemble, determines by two-thirds vote of both Houses that the President is
unable to discharge the powers
and duties of his office, the Vice President shall continue to discharge the same as Acting
President; otherwise, the President
shall resume the powers and duties of
his office. Amendment
XXVI (July 1, 1971) Section 1. The right of citizens of the United States, who are eighteen years of age or older, to
vote shall not be denied or
abridged by the United States or any State on account of age. Section 2. The Congress shall have the power to enforce this article by appropriate legislation. Amendment
XXVII (May 7, 1992) No Law, varying the compensation for
the services of the Senators
and Representatives, shall take effect, until an election of Representatives shall have intervened. |
Solicitation |
Invitation
or Urging to commit a crime. |
Conspiracy |
Criminal
Partnership. |
Attempt |
Threat
of Use of Force or of Criminal Action.
|
Vicarious
Liability |
Person
or Party becomes liable for the Activities and Behavior of Another. |
Strict
Liability |
Responsibility
for activities and behavior that does not require proof of mental fault. |
Unlawful |
Against
the Law. |
Necessity |
Behavior
is required in order to protect the person or another party from the use of unlawful force or
interference by another. |
Reasonableness |
Amount
of force used in self-defense or defense of another must be the minimum
necessary to cause the assailant to cease and desist all aggressive behavior
toward oneself or another. |
Detain |
To
take into custody. |
Restraint |
Physical
taking into custody and physical control with forced submission of another
person or party. |
Immunity |
Protection
from the Punishments and Penalties set forth by The Law for one's Criminal
Behavior. |
Involuntary |
Without
Consent of the participant. |
Alibi |
Excusatory
Explanation. |
Double
Jeopardy |
Being
punished twice for the same offense. |
Frame-Up |
Construction
of false accusation for the purpose of conviction of an innocent party; a
form of entrapment. |
Solicitor
General |
Third-Ranking
Official in the U.S. Department Of Justice who conducts and supervises
government litigation in the Supreme Court.
|
U.S. Attorney |
Official
responsible for prosecution of crimes that violate the laws of the United
States; Appointed by The President and Assigned to a U.S. District
Court. |
State
Attorney General |
Chief
Legal Officer of a state, representing that state in civil, and under certain
circumstances in criminal cases. |
Negotiate |
Bargain,
Discuss, or Arrange a settlement or compromise between the parties of a
lawsuit. |
Brief |
Written
Statement submitted by the attorney arguing a case in court. Document states the facts of the case,
presents legal arguments in support of the moving party, and cites applicable
law. |
Counseling |
Legal
advice provided by lawyers to their clients.
|
Indigent |
Person
too poor to hire a lawyer; A person who has very little or no money nor any other
assets of sufficient value to be of any consequence. |
Assigned
Counsel System |
Arrangement
that provides attorneys for persons who are accused of crimes and are unable
to hire their own lawyers. The judge
assigns a member of the Bar to provide counsel to a particular
defendant. |
Contract
System |
Method
of operation by which counsel is provided for indigents under which the
Government contracts with a law firm to represent all indigents for the year
in return for a set fee. |
Public
Defender |
Attorney
employed by the Government to represent indigent defendants. |
Privileged
Communications |
Recognized
right to keep certain communications confidential or private. |
Chambers |
Private
office of a Judge. |
American Bar
Association |
Largest
voluntary organization of lawyers in The United States. |
Gubernatorial
Appointment |
Method
of judicial selection in which the governor chooses a person to fill a
judicial vacancy without an election.
|
Judicial
Election |
Method
of judicial selection in which the voters choose judicial candidates in a
partisan or nonpartisan election. |
Missouri Bar
Plan |
Name
given to a method of judicial selection combining merit selection and popular
control in retention elections. |
Judicial
Independence |
Normative
value that stresses a judge should be free from outside pressure in making a
decision. |
Judicial
Conduct Commission |
Official
Body whose function is to investigate allegations of misconduct by
judges. |
Impeachment |
Official
accusation against a public official brought by a legislative body seeking
his/her removal. |
Removal |
To
Dismiss a Person from Holding Office.
|
Alcohol
Abuser |
One
whose use of alcohol is difficult or impossible to control, resulting in a
disruption of normal living patterns.
These individuals often violate The LAW either during an abuse session
or as an attempt to acquire alcohol. |
Antabuse |
A
controlled substance. A drug whose
effect, when combined with alcohol, causes severe nausea. Antabuse is used to control a persons
alcoholic behavior. |
Assessment
Center |
Facility
used to evaluate prospective employees by putting them through Practical
Simulations and Field Scenarios to monitor and record their Job Performance
Skills. |
Authority |
Ability
to influence anothers actions in a desired manner without the use of
Force. |
Behavior
Therapy |
Treatment
that induces new behaviors through reinforcements: rewards/ punishments, role
modeling, and other teaching methods.
|
Benefit of
Clergy |
Right
to be tried in an ecclesiastical court.
Punishments were often less severe than those meted out by civil
courts as a result of the religious
focus on penance and salvation. |
Benign
Neglect |
Ignoring
or Failing To Address a male/female offenderss special problems and needs, particularly in the provision
of programs and services. |
Bondsman |
Independent
business professional who provides bail money for a fee: Normal fee ranges from five to ten percent
of the total bail value issued out by The Court. |
Boot Camp |
Physically
rigorous, very disciplined, mentally and emotionally demanding regimen that
emphasizes physical, mental, and emotional conditioning as well as job
training. Most
Boot Camp Programs are designed for Youthful Offenders. |
Campus Style |
Architectural
Design by which the Functional Units of an Institutional Facility are
individually housed in a complex of buildings surrounded by a fence. |
Capital
Punishment |
Imposition
of Death as Punishment for a Crime of which an individual has been
Convicted. |
Career
Criminal |
One
who views crime as a way of life. One
who earns a living via criminal behavior. |
Chain Of
Command |
Series
of Organized Positions Ranked in order of Authority, whereby each member of a
particular position receives orders from the position above him while at the
same time issuing orders to those positions below his own. |
Chivalry |
The
tendency in Criminal Justice for Practitioners to view women as either frail
creatures in need of protection or as unfit to work within The System. |
Ribaldry |
The
tendency in Criminal Justice for Practitioners to view women as either
morally corrupt or promiscuous. |
Civil
Disabilities |
Legal
restrictions that prevent released felons from voting and holding elective
office, that prevent them from engaging in certain professions and
occupations, and that prevent them from associating with known
offenders. |
Civil
Liability |
Responsibility
for the provision of monetary or service oriented compensation and damages
awarded to a plaintiff in a civil action.
|
Civil
Service [Merit
System] |
An
employment system that utilizes Objective Evaluation Techniques for hiring
and promoting workers. |
Classification |
Process
of assigning Convicts and Prisoners to Levels Of Custody/Escape Risk and to
Appropriate Treatment Programs as per their individual needs. |
Clear and
Present Danger |
ANY
THREAT TO SECURITY OR TO THE SAFETY OF INDIVIDUALS THAT IS SO OBVIOUS AND
COMPELLING THAT THE NEED TO COUNTER IT OVERRIDES THE GUARANTEES OF THE FIRST
AMENDMENT. |
Client-Specific
Planning |
Process
by which organizations contract with convicted offenders to conduct
comprehensive background investigations and suggest alternative/creative
sentencing options that would reduce or eliminate the need for
incarceration. |
Coercive
Power |
Ability
to obtain compliance by the application or threat of Physical Force. |
Coercive
Therapy |
Treatments
in which the therapist determines the need for and the goals of treatment
processes, no matter if the client agrees or not. |
Cognitive
Skill Building |
Form
of BEHAVIOR THERAPY which focuses on changing the Thought and Reasoning
Processes that are associated with Criminal Behavior Patterns. |
Community
Correctional Center |
Small
group-living facility for Convicts, often used as a half-step reintegration
unit for those who have recently been released from Incarceration. |
Community
Corrections |
Model
of Corrections based upon the assumption that the reintegration of the
Convict into the community should be the goal of the Criminal Justice
System. |
Community
Service |
Compensatory
Damages for Societal Injury through payment of Work-Hours and Labor. |
Compelling
State Interest |
An
Issue that The State [The Government] feels must take precedence over rights
guaranteed by the First Amendment. |
Compliance |
Performing
Desired Behavior. |
Conditions
of Release |
Restricted
Behavior prescribed for a Parolee that must be obeyed and followed as a
binding contract upon release. |
Congregate
System |
Penitentiary
Model developed in Auburn, New York, which requires each inmate to be held in
Segregation except when working at joint industrial projects with fellow
inmates. The RULE OF SILENCE was
strictly enforced within this Administrative Model. |
Construction
Strategy |
Organized
Plan for building new Facilities and Institutions in order to meet increasing
demands for Client Services and Bed Space.
|
Continuing
Education Unit [CEU] |
Equivalent
of One Hour of Training in a Professional/Practitioner Area of
responsibility; it is used to meet requirements for regular education of
Professional Staff. |
Continuum Of
Sanctions |
Range
of Correctional Management Strategies based on the DEGREE OF INTRUSIVENESS
AND CONTROL over the Convict. The
Convict moves up and down the Continuum Of Sanctions in response to his
Compliance to/Success in Correctional Treatment Programs. |
Contract
Labor System |
Administrative
System under which Convict Labor was sold on a contractual basis to private
employers. The Private Entity
then provided the machinery and raw
materials with which Convicts made salable products in the institution. |
Corporal
Punishment |
Negative
Reward delivered to the Body of a Convict who has violated The Rules. Often, throughout History, such sanctions have been violent, and they
can include the use of whips or other instruments designed to produce pain
and a return to Compliance. |
Corrections |
Various
Programs, Services, Facilities, Institutions, and Organizations responsible
for the administration and management of
those who have been accused or Convicted of Criminal Offenses. |
Courtyard
Style |
Architectural
Design Model incorporating functional units of a Facility into separate
housing structures constructed on four sides of a quadrangle [Hollow
Square]. |
Custodial
Model |
Administrative
Model that emphasizes Security, Discipline, and Maintenance Of Order. |
|
|