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Nelson Education > Higher Education > Canadian Criminal Procedure 2nd Edition > 

GLOSSARY

A B C D E F G H I J K L M N O P R S T U V W Z

A

Aboriginal Cadet Development Program (ACDP) RCMP-sponsored program designed to provide upgrading for Aboriginal persons who are interested in a policing career but who do not meet basic entry requirements.

Aboriginal Youth Training Program (AYTP)  RCMP-sponsored summer program for Aboriginal youth, designed to improve police-youth relations and provide youth with insight into the role and activities of the police.

absolute deterrent  A legal control measure designed to totally eliminate a particular criminal act.

access control  A crime prevention technique that stresses target hardening through security measures, such as alarm systems, that make it more difficult for criminals to attack a target.

accountability system  A way of dealing with corruption by making superiors responsible for the behaviour of their subordinates.

acquaintance-related crime  Similar to intimate violence, in some crimes there is a prior relationship between the offender and the victim; date rape is such a crime.

acquittal  Release or discharge, especially by verdict of a jury.

active precipitation  The view that the source of many criminal incidents is the aggressive or provocative behaviour of victims.

actual offenses  This is the number of crimes reported to the police, minus those which the police believe are unfounded.

actus rebs  An illegal act. The actus rebs can be an affirmative act, such as taking money or shooting someone, or a failure to act, such as failing to take proper precautions while driving a car.

actus reus.  See Law

addict  A person with an overpowering physical and psychological need to continue taking a particular substance or drug by any means possible.

addiction-prone personality  The view that the cause of substance abuse can be traced to a personality with a compulsion for mood-altering drugs.

adjudication  The determination of guilt or innocence; a judgment concerning criminal charges. Most offenders plead guilty as charged. The remainder are adjudicated by a judge and a jury or by a judge alone, and others are dismissed.

adolescent-limited  In the life course view of crime, this refers to the fact that the prevalence and frequency of antisocial behaviour for most offenders peaks in adolescence and then diminishes.

adversary system  The procedure used to determine truth in the adjudication of guilt or innocence in which the defence (advocate for the accused) is pitted against the prosecution (advocate for the state), with the judge acting as arbiter of the legal rules. Under the adversary system, the burden is on the state to prove the charges beyond a reasonable doubt. This system of having the two parties publicly debate has proved to be the most effective method of achieving the truth regarding a set of circumstances. (Under the accusatory, or inquisitorial, system, which is used in continental Europe, the charge is evidence of guilt that the accused must disprove, and the judge takes an active part in the proceedings.)

affidavit  A written statement of fact, signed and sworn to before a person having authority to administer an oath.

aftermath  Events that occur after the committed crime.

age of onset  Age at which youths begin their delinquent careers. Early onset of delinquency is believed to be linked with chronic offending patterns.

aggravating factor  Some circumstances make the crime seem more serious in the eyes of others; in hate crime, for example, racism makes an assault a more serious offence and can result in a harsher sentence.

aggregate data  Data collected on groups of people rather than individuals. A good example of aggregate data is the Uniform Crime Reports; although the number of criminal incidents that occur in a given area can be counted, little data are provided on the offenders who commit the crimes or the circumstances in which they occurred. Self-report surveys are usually considered individual-level data, since subjects' responses can be examined on a case-by-case basis.

aggressive preventive patrol  A patrol technique designed to suppress crime before it occurs.

aging out  The process by which individuals reduce the frequency of their offending behaviour as they age. It is also known as spontaneous remission, because people are believed to spontaneously reduce the rate of their criminal behaviour as they mature. Aging out is thought to occur among all groups of offenders.

alien conspiracy theory  The view that organized crime was imported from Europe and that crime cartels have a policy of restricting their membership to people of their own ethnic background.

alienation  A mental condition marked by normlessness and role confusion.

alternative sanctions  The group of punishments falling between probation and prison; "probation plus." Community-based sanctions, including house arrest and intensive supervision, serve as alternatives to incarceration.

American Dream  The stereotype that anyone can make it through hard work and perseverance; that social factors are irrelevant to material success. Canadians call it this too.

anaesthetics  Drugs used as nervous system depressants. Local anaesthetics block nervous system transmissions; general anaesthetics act on the brain to produce a generalized loss of sensation, stupor, or unconsciousness.

androgens  Male sex hormones.

anger rape  A rape motivated by the rapist's desire to release pent-up anger and rage.

anomie  A condition produced by normlessness. Because of rapidly shifting moral values, the individual has few guides to what is socially acceptable. According to Merton, anomie is a condition that occurs when personal goals cannot be achieved by available means. In Agnew's revision anomie can occur when positive or valued stimuli are removed or negative or painful ones applied.

anomie theory  Theory that says anomie occurs when cultural norms and goals break down. See also cultural goals; legitimate means.

antisocial personality  Synonymous with psychopath, the antisocial personality is characterized by a lack of normal responses to life situations, the inability to learn from punishment, and violent reactions to nonthreatening events.

appeal  A review of lower-court proceedings by a higher court. Appellate courts do not retry the case under review. Rather, the transcript of the lower-court case is read by the appellate judges, who determine the legality of lower-court proceedings. When appellate courts reverse lower-court judgments, it is usually because of "prejudicial error" (deprivation of rights), and the case is remanded for retrial.

appellate courts  Courts that reconsider a case that has already been tried to determine whether the measures used complied with accepted rules of criminal procedure and were in line with constitutional doctrines.

arbitrage  The practice of buying large blocks of stock in companies that are believed to be the target of corporate buyouts or takeovers.

argot  A unique language used in subcultures such as prison culture.

arousal theory  A view of crime suggesting that people who have a high arousal level seek powerful stimuli in their environment to maintain an optimal level of arousal. These stimuli are often associated with violence and aggression. Sociopaths may need greater than average stimulation to bring them up to comfortable levels of living; this need explains their criminal tendencies.

arraignment  The step in the criminal justice process at which the accused are read the charges against them, asked how they plead, and advised of their rights. Possible pleas are guilty, not guilty, nolo contendere, and not guilty by reason of insanity.

arrest  The taking of a person into the custody of the law, the legal purpose of which is to restrain the accused until he or she can be held accountable for the offense at court proceedings. The legal requirement for an arrest is probable cause. Arrests for investigation, suspicion, or harassment are improper and of doubtful legality. The police have the responsibility to use only the reasonable physical force necessary to make an arrest. The summons has been used as a substitute for arrest.

arrest warrant  A written court order by a magistrate authorizing and directing that an individual be taken into custody to answer criminal charges.

arson  The intentional or negligent burning of a home, structure or vehicle for criminal purposes such as profit, revenge, fraud, or crime concealment; different than the traditinal stereotype of the pyromaniac.

Aryan Brotherhood  A white supremacist subculture.

assembly-line justice  The view that the justice process resembles an endless production line that handles most cases in a routine and perfunctory fashion.

assisted suicide  The practice of seeking help in committing suicide; not legal in Canada.

at-risk  In Oscar Lewis's work, he argued that the lifestyle of slum areas produces a "culture of poverty" passed from one generation to the next, marked by apathy, cynicism, helplessness, and mistrust of social institutions, making them more prone to criminality.

atavism  The theory that offenders are less likely to conform to the demands of contemporary social life because they are related to a more primitive evolutionary condition. See also sociobiology.

atavistic traits  According to Lombroso, the physical characteristics that distinguish born criminals from the general population and are throwbacks to animals or primitive people.

attachment  The degree to which children are sensitive to the expectations of parents or teachers. See also belief; bond; commitment; involvement.

attention deficit/hyperactivity disorder  AD/HD is a condition in which a child shows a developmentally inappropriate lack of attention, impulsivity, and hyperactivity.

attorney general  The senior federal prosecutor and cabinet member who heads the Justice Department.

attrition  This refers to the 'wearing away', or decrease in cases as they make their way through the criminal justice system; the number of cases investigated by the police which ever result in convictions is a small percentage of the total.

Auburn system  The prison system developed in New York during the 19th century that stressed congregate working conditions.

authoritarian  A personality type that revolves around blind obedience to authority.

authority conflict pathway  The path to a criminal career that begins with early stubborn behaviour and defiance of parents.

Automated Canadian United States Police Information Exchange System (ACUPIES)  A computer-based system that allows police services in Canada to send queries about persons, property, criminal records, and other information to the U.S. National Crime Information Center as well as to access information on motor vehicles from each of the 50 U.S. states.

Automated Fingerprint Identification System (AFIS)   The system of fingerprint workstations and databases across Canada that contains fingerprint files for nearly 3 million persons.

B

backfilling  The practice of some patrol officers of writing entries about an incident in their notebook after those made at the time. Considered to be unethical and potentially illegal, given the importance of an officer's notes at trial.

bail bonding  The business of providing bail to needy offenders, usually at an exorbitant rate of interest.

bail  The monetary amount for or condition of pretrial release, normally set by a judge at the initial appearance. The purpose of bail is to ensure the return of the accused at subsequent proceedings. If the accused is unable to make bail, he or she is detained in jail.

base penalty  The model sentence in a structured sentencing state, which can be enhanced or diminished to reflect aggravating or mitigating circumstances.

basic qualifications  The minimum requirements for candidates applying for employment in police services, including citizenship, age, physical ability, health, education, and background.

behaviour modelling  The belief that in modern society, aggressive acts are usually modelled after three principal sources: family members, environmental experiences, and the mass media.

behaviour theory  The approach which holds the view that human actions are developed through a variety of learning experiences over the course of a lifetime.

behaviourism  The branch of psychology concerned with the study of observable behaviour rather than unconscious motives. It focuses on the relationship between particular stimuli and people's responses to them.

belief  The degree to which youths believe that the conformist values of parents and teachers are worthy of respect. See also attachment; bond; commitment; involvement.

beyond a reasonable doubt  Degree of proof required for conviction of a defendant in criminal and juvenile delinquency proceedings. It is less than absolute certainty but more than high probability. If there is doubt based on reason, the accused is entitled to the benefit of that doubt by acquittal.

biophobia  The reaction made to sociologists who hold the view that no serious consideration should be given to biological factors when attempting to understand human nature.

blameworthy  The amount of culpability or guilt a person maintains for participating in a particular criminal offense.

blue curtain  According to William Westly, the secretive, insulated police culture that isolates the officer from the rest of society.

blue-light syndrome  An attitudinal set that may exist among police officers and that emphasizes the high-risk and action component of police work.

bond, theory of  Theory that strong social bonds insulate youths against the delinquent environment. See also attachment; belief; commitment; involvement.

booking  The administrative record of an arrest listing the offender's name, address, physical description, date of birth, and employer; the time of arrest; the offense; and the name of arresting officer. Photographing and fingerprinting of the offender are also part of booking.

boosters  A professional shoplifter; see heel

boot camp  A short-term militaristic correctional facility in which inmates undergo intensive physical conditioning and discipline.

bot  Under Anglo-Saxon law, the restitution paid for killing someone in an open fight.

bourgeoisie  In Marxist theory, the owners of the means of production; the capitalist ruling class.

break and enter  Breaking into a house to commit theft.

broken windows  An approach that seeks to reduce crime and disorder by adopting a zero-tolerance policy toward minor crimes that, if unaddressed, are felt to create an environment in which major crimes will occur.

brothel  A house of prostitution, typically run by a madam who sets prices and handles "business" arrangements.

brutalization effect  The belief that capital punishment creates an atmosphere of brutality that enhances rather than deters the level of violence in society. The death penalty reinforces the view that violence is an appropriate response to provocation.

brutalization process  According to Athens, the first stage in a violent career during which parents victimize children, causing them to develop a belligerent, angry demeanor.

burden of proof  Duty of proving disputed facts on the trial of a case. The duty commonly lies on the person who asserts the affirmative of an issue and is sometimes said to shift when sufficient evidence is furnished to raise a presumption that what is alleged is true.

burglary  Breaking into and entering a home or structure for the purposes of committing a felony.


 

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