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CORE VOCABULARY


For

CRIMINAL JUSTICE STUDIES


(c) COPYRIGHT 1996 -- 2003 MG STOUGH


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.

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________________________

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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.