Outline of criminal justice

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The following outline is provided as an overview of and topical guide to criminal justice:

Contents

Criminal justice system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts.

Parts of the criminal justice system

  1. Legislative system network of legislatures that create laws.
  2. Judiciary system network of courts that interpret the law in the name of the state, and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. [1]
  3. Corrections system network of governmental agencies that administer a jurisdiction's prisons, probation, and parole systems. [2]

In the 17th century, William Penn began to promote reform in the criminal justice system and helped to see these changes implemented. After the American Revolution, the U.S. Constitution was created which guaranteed freedoms and rights that were never in place in colonial days. This was the starting point to setting guidelines for crimes, punishment and procedures that need to be followed to protect the rights of the innocent. Our modern system of criminal justice is the result of several evolutionary changes that society has undergone since the inception of the United States. Over the years, Americans have developed mechanisms that institute and enforce the rules of society as well as assign responsibility and punish offenders. Today, those functions are carried out by the police, the courts, and corrections. The early beginnings of the criminal justice system in the United States lacked this structure.

In fact, before formal rules, laws, and institutions were established in the United States, Americans relied on religion and sin as a means of shaping society and its behaviors. Many colonial crime codes were defined in biblical terms, making offenses such as profanity, blasphemy, and sacrileges of the Sabbath highly punishable. Punishments such as dunking, stoning, and whipping were designed to humiliate the offender and ultimately lead towards their repentance. Ironically, we still see this desire to make offenders remorseful for their criminal acts but more so for the victims of crime than to a higher power.

Crime

Crime

"ongoing conspiratorial enterprise engaged in illicit activities as a means of generating income (as black money). Structured like a business into a pyramid shaped hierarchy, it freely employs violence and bribery to maintain its operations, threats of grievous retribution (including murder) to maintain internal and external control, and thuggery and contribution to election campaigns to buy political patronage for immunity from exposure and prosecution. Its activities include credit card fraud, gun running, illegal gambling, insurance fraud, kidnapping for ransom, narcotics trade, pornography, prostitution, racketeering, smuggling, vehicle theft, etc." [3]

a hierarchically structured secret organization allegedly engaged in smuggling, racketeering, trafficking in narcotics, and other criminal activities in the U.S., Italy, and elsewhere.

the use of physical force to harm someone, to damage property, etc.

great destructive force or energy

Crimes

the wrongful taking and carrying away of the personal goods of another from his or her possession with intent to convert them to the taker's own use. larceny. (n.d.). Dictionary.com Unabridged. Retrieved February 14, 2016 from Dictionary.com website http://dictionary.reference.com/browse/larceny

an unlawful act causing injury to the person, property, or rights of another, committed with force or violence, actual or implied. a wrongful entry upon the lands of another. the action to recover damages for such an injury. trespass. (n.d.). Dictionary.com Unabridged. Retrieved February 13, 2016 from Dictionary.com website http://dictionary.reference.com/browse/trespass

Misdemeanors

Misdemeanor a criminal offense defined as less serious than a felony. an instance of misbehavior; misdeed. misdemeanor. (n.d.). Dictionary.com Unabridged. Retrieved February 13, 2016 from Dictionary.com website http://dictionary.reference.com/browse/misdemeanor

Felonies

A felony is a serious crime punishable by imprisonment for more than a year or by death. [4]

  • Arson intentional setting of fire to property, especially with criminal or fraudulent intent. [5]
  • Assault attempt to attack or threaten to attack and inflict bodily injury on another person. [6]
  • Burglary breaking and entering into a building or structure with the intent to commit a felony. [7]
  • Elder abuse intentional or negligent act that causes physical, emotional, or financial harm to an elderly person. [8]
  • Embezzlement fraudulent apropriation or theft of money or property by someone entrusted with its care for his/her own use. [9]
  • Entrapment Inducing someone to commit a crime they would not otherwise have committed, in order to prosecute the person for it. [10]
  • Espionage spying on a foreign country or an enemy. [11]
  • Forgery creating a false document or fraudulently altering a document. [12]
  • Hate crime (also called Bias Crime) crime motivated by prejudice against a member of a group, based on color, creed, race, gender, religion or sexual orientation. [13]
  • Kidnapping unlawfully seize, carry away and detain a person by force or deception, often with a demand for ransom. [14]
  • Murder unlawful and unjustiiable killing of another person. [15]
  • Perjury Lying or omitting important information under oath or vow. [16]
  • Prostitution offering sexual acts for money. [17]
  • Rape unlawful sexual activity, usually sexual intercourse, with a person without their consent and against their will, carried out forcibly or under threat of injury. [18]
  • Robbery
  • Shoplifting
  • Terrorism
  • Theft
  • Treason
  • War crime

General concepts in criminal justice

See also

Related Research Articles

In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.

A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments, including capital punishment, could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.

<span class="mw-page-title-main">Theft</span> Act of taking anothers property without consent

Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. A person who engages in theft is known as a thief.

Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft by its inherently violent nature ; whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words of Germanic origin, from Common Germanic raub "theft".

Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law, where in many cases it remains in force.

Burglary, also called breaking and entering (B&E) and housebreaking, is the act of illegally entering a building or other areas without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.

Embezzlement is a term commonly used for a type of financial crime, usually involving theft of money from a business or employer. It often involves a trusted individual taking advantage of their position to steal funds or assets, most commonly over a period of time.

An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" has been defined as the following: "Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent."

In criminal law, property is obtained by false pretenses when the acquisition results from the intentional misrepresentation of a past or existing fact.

Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating apprehension of such contact.

Resisting arrest, or simply resisting, is an illegal act of a suspected criminal either fleeing, threatening, assaulting, or providing a fake ID to a police officer during arrest.

Complicity in criminal law refers to the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages (abets) other perpetrators of that crime, and who shared with them an intent to act to complete the crime. A person is an accomplice of another person in the commission of a crime if they purpose the completion of a crime, and toward that end, if that person solicits or encourages the other person, or aids or attempts to aid in planning or committing the crime, or has legal duty to prevent that crime but fails to make an effort to prevent it properly.

The term aggravated felony was used in the United States immigration law to refer to a broad category of criminal offenses that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance of deportation proceedings. Anyone convicted of an aggravated felony and removed from the United States "must remain outside of the United States for twenty consecutive years from the deportation date before he or she is eligible to re-enter the United States." The supreme court ruled 5-4 in Sessions v. Dimaya that the residual clause was unconstitutionally vague limiting the term.

<span class="mw-page-title-main">Ages of consent in the United States</span>

In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.

Burglary is a statutory offence in England and Wales.

<i>Criminal law of the United States</i>

The criminal law of the United States is a manifold system of laws and practices that connects crimes and consequences. In comparison, civil law addresses non-criminal disputes. The system varies considerably by jurisdiction, but conforms to the US Constitution.

Manslaughter is a crime in the United States. Definitions can vary among jurisdictions, but manslaughter is invariably the act of causing the death of another person in a manner less culpable than murder. Three types of unlawful killings constitute manslaughter. First, there is voluntary manslaughter which is an intentional homicide committed in "sudden heat of passion" as the result of adequate provocation. Second, there is the form of involuntary manslaughter which is an unintentional homicide that was committed in a criminally negligent manner. Finally, there is the form of involuntary manslaughter which is an unintentional homicide that occurred during the commission or attempted commission of an unlawful act which does not amount to a felony.

<span class="mw-page-title-main">2014 California Proposition 47</span> Reduction of some crimes to misdemeanours

Proposition 47, also known by its ballot title Criminal Sentences. Misdemeanor Penalties. Initiative Statute, was a referendum passed by voters in the state of California on November 4, 2014. The measure was also referred to by its supporters as the Safe Neighborhoods and Schools Act. It recategorized some nonviolent offenses as misdemeanors, rather than felonies, as they had previously been categorized.

The Texas Penal Code is the principal criminal code of the U.S. state of Texas. It was originally enacted in 1856 and underwent substantial revision in 1973, with the passage of the Revised Penal Code, in large part based on the American Law Institute's Model Penal Code.

Falsifying business records is a criminal offense in the laws of several U.S. states.

References

  1. Walker, David (1980). The Oxford companion to law . Oxford: Oxford University Press. p.  301. ISBN   0-19-866110-X.
  2. Black's Law Dictionary
  3. "What Is Organized Crime? Definition and Meaning." BusinessDictionary.com. N.p., n.d. Web. 15 Feb. 2016.
  4. "Felony". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-23.
  5. "Arson". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-23.
  6. "Assault". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-23.
  7. "Burglary". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-23.
  8. "About Elder Abuse". U.S. Department of Justice. Retrieved 2024-08-24.
  9. "Embezzlement". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-24.
  10. "Entrapment". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-24.
  11. "Espionage". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-24.
  12. "Forgery". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-24.
  13. "Hate crime". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-24.
  14. "Kidnapping". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-24.
  15. "Murder". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-24.
  16. "Murder". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-24.
  17. "Prostituion". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-24.
  18. "Rape". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-24.
  19. "Actus reus". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-23.
  20. "Mens rea". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-23.
  21. "Miranda warning". Merriam-Webster.com Dictionary . Merriam-Webster. Retrieved 2024-08-23.