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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

C

call girls    Prostitutes who make dates via the phone and then service customers in hotel rooms or apartments. Call girls typically have a steady clientele who are repeat customers.

call shedding    The process in which police services withdraw from providing services or responding to certain types of calls, such as alarms.

call stacking    The process in which police dispatchers and patrol officers prioritize the calls to which they respond. Police services have established response time guidelines for the various priority levels.

calling card    See signature.

Canadian Charter of Rights and Freedoms    See Charter of Rights and Freedoms.

Canadian Police Information Centre (CPIC)    The centralized, computer-based informational system linked to municipal and provincial police services and the RCMP. Contains data on persons, vehicles, property, criminal records, and prison inmates.

Canadian Police Research Centre    A partnership of the Canadian Association of Chiefs of Police, the RCMP, and the National Research Council Canada to facilitate research, development, evaluation, and commercialization of equipment in the policing and public safety sectors.

capable guardians    Used as a concept in routine activity theory to explain how the presence of certain factors may deter crime, such as police, neighbours, security fences, and burglary alarms.

capital punishment    The use of the death penalty to punish transgressors, not used in Canada.

CAPRA model of basic training    The RCMP Cadet Training Program model, focusing on Client, Acquiring and Analyzing Information, Partnerships, Response, and Assessment for Continuous Improvement.

career criminal    A person who repeatedly violates the law of theft and reformulated the concept of taking the possessions of another.

career plateauing    Career stagnation caused by the downsizing and restructuring of police services, which results in fewer promotional opportunities for officers.

Carjacking    A new form of crime, where a car is stolen while the person is driving it; it has a low likelihood of occurring, but a high news value.

Carriers case    The 15th-century case that defined the law of theft and reformulated the concept of taking the possessions of another.

cellmate tactic    A police investigative technique in which an undercover police officer or police informant is placed in custody with a suspect in an attempt to gather incriminating evidence. Canadian courts have placed strict limits on the use of evidence gathered in this fashion.

certiorari    Literally, "to be informed of, to be made certain in regard to." See writ of certiorari.

challenge for cause    Removing a juror because he or she is biased, has prior knowledge about a case, or otherwise is unable to render a fair and impartial judgment in a case.

chancery court    A court created in 15th-century England to oversee the lives of high-born minors who were orphaned or otherwise could not care for themselves.

charge    In a criminal case, the specific crime the defendant is accused of committing.

Charter of Rights and Freedoms (1982)    The primary law of the land, the Charter guarantees basic rights and freedoms for citizens and includes sections on fundamental freedoms, legal rights, equality rights, and enforcement.

Chicago School    A type of sociological research begun in the early 20th century by Robert Ezra Park, Ernest W. Burgess, Louis Wirth , and their colleagues in the Sociology Department at the University of Chicago. These sociologists pioneered research on the social ecology of the city and the study of urban crime.

child abuse    Any physical, emotional, or sexual trauma to a child for which no reasonable explanation, such as an accident, can be found. Child abuse can also be a function of neglecting to give proper care and attention to a young child.

chivalry hypothesis    The idea that low female crime and delinquency rates are a reflection of the leniency with which police treat female offenders.

choice theory    The school of thought holding that people will engage in delinquent and criminal behaviour after weighing the consequences and benefits of their actions. Delinquent behaviour is a rational choice made by a motivated offender who perceives that the chances of gain outweigh any perceived punishment or loss.

chronic offender    According to Wolfgang, a delinquent offender who is arrested five or more times before he or she is 18 and who stands a good chance of becoming an adult criminal; such offenders are responsible for more than half of all serious crimes.

chronicity    State of being a chronic recidivist.

churning    A white-collar crime in which a stockbroker makes repeated trades to fraudulently increase his or her commissions.

circle sentencing    A collaborative, restorative justice initiative in which community residents, justice and social service personnel, and victims and offenders meet in a circle to discuss and resolve specific and general issues related to a criminal offence. The focus of circle sentencing is on problem solving, offender accountability, and healing and support for the victim and the offender.

circumstantial evidence    Evidence that is not directly observed but that may establish, by inference, a link between the offender, the victim, and the accused.

civil law    All law that is not criminal, including torts (personal wrongs), contract, property, maritime, and commercial law.

civilian police officers (CIVPOL)    Also referred to as peacekeepers, these are Canadian police officers who have been sent to foreign countries as part of United Nations peacekeeping initiatives.

claimsmakers    An important concept in media analysis, where it is assumed that there are people located to significantly influence the social construction of crime images.

claimsmaking    Best exemplified by the crusading reformer who believes that rules must he formulated to combat the evil world.

      valence issues    Issues that do not have an adversarial quality.

classical criminology    The theoretical perspective suggesting that (1) people have free will to choose criminal or conventional behaviours; (2) people choose to commit crime for reasons of greed or personal need; and (3) crime can be controlled only by the fear of criminal sanctions.

classical school    A school that views the offender as a "rational person" who would he deterred only by the threat of sanction. See also positivist school

classification    The procedure in which prisoners are categorized on the basis of their personal characteristics and criminal history and then assigned to an appropriate institution.

clearance rate    The primary measure of police effectiveness under the traditional model of police work, expressed as the percentage of cases in which an offence has been committed and a suspect identified.

cliques    In the study of peer relations, small groups of friends who share activities and confidences; see crowds.

co-offending    Committing criminal acts in groups. It is believed that a significant number of delinquent and criminal acts involve more than one offender.

cocaine    The most powerful natural stimulant. Its use produces euphoria, laughter, restlessness, and excitement. Overdoses can cause delirium, increased reflexes, violent manic behaviour, and possible respiratory failure.

Code of Hammurabi    The first written criminal code developed in Babylonia about 2000 BC

code of silence    A component of the occupational subculture of police in which officers protect and shield one another from outside scrutiny and criticism.

cognitive school    A theory which studies the perception of reality and of the mental processes required to understand the world we live in.

cohort    A sample of subjects whose behaviour is followed over a period of time.

collaborative policing    An arrangement in which public police and private security officers work together to provide security at sporting events, concerts, and other events.

commitment    The size of the investment of time and energy that a youth has made to a conventional activity, such as getting good grades. See also attachment; belief; bond; involvement

commitment to conformity    In control theory, this is a logical reason to obey the rules of society.

common law    Early English law, developed by judges, that incorporated Anglo-Saxon tribal custom, feudal rules and practices, and the everyday rules of behaviour of local villages. Common law became the standardized law of the land in England and eventually formed the basis of the criminal law in Canada and the United States.

communication officers    See dispatchers.

Community Conferencing Model    A restorative justice approach to youth in conflict, developed by the Edmonton Police Service and based on the principles of family group conferencing.

community empowerment    The process by which communities and their residents assume more responsibility for the identification of and response to crime and disorder, often through collaborative partnerships with police services.

community notification laws    Recent legislative efforts that require convicted sex offenders to register with local police when they move into an area or neighbourhood.

community policing    A model of police work centred on the decentralization of command and control, the empowerment of line level officers, the involvement of community residents in identifying and addressing problems of crime and disorder, and problem solving. See also crime prevention.

community service approach    Any of various police strategies and programs commonly associated with community policing, including foot patrols, community police stations, and various initiatives to increase community involvement in the prevention of and response to crime and disorder.

community service restitution    An alternative sanction that requires an offender to work in the community at such tasks as cleaning public parks or helping handicapped children in lieu of an incarceration sentence.

community treatment    The actions of correctional agencies that attempt to maintain the convicted offender in the community, instead of a secure facility; includes probation, parole, and residential programs.

compensation    Financial aid awarded to the victims of crime to repay them for their loss and injuries.

competency-based training    An approach to police training that emphasizes the acquisition of specific measurable skills and knowledge that can be transferred to the operational level.

complaint    A sworn allegation made in writing to a court or judge that an individual is guilty of some designated (complained of) offense. This is often the first legal document filed regarding a criminal offense. the complaint can be "taken out" by the victim, the police officer, the district attorney, or another interested party. Although the complaint charges an offense, an indictment or information may be the formal charging document.

compliance    A white-collar enforcement strategy that encourages law-abiding behaviour through both the threat of economic sanctions and the promise of rewards for conformity.

concentration effect    When working and middle-class families flee inner-city poverty areas, taking with them their financial and institutional resources and support elements, the most disadvantaged population are consolidated in urban ghettos.

concurrent sentences    Literally, running sentences together. Someone who is convicted of two or more charges must be sentenced on each charge. If the sentences are concurrent, they begin the same day and are completed after the longest term has been served.

conduct norms    Behaviours expected of social group members. If group norms conflict with those of the general culture, members of the group may find themselves described as outcasts or criminals.

confidence games    A form of fraud.

conflict pattern    A pattern that occurs in socially disorganized neighbourhoods where youth frequently experience the disparity between legitimate goals and legitimate opportunities that leads to aggressive behaviour. See also criminal pattern; illegitimate means; retreatist pattern

conflict theory    A theory that argues in a complex society, social groups may pursue different interests, and the achievement of success depends on how powerful they are. Responses to crime are interpreted as part of a larger struggle among groups that attempt to use law, or legal control, in pursuit of their own interests.

conflict-linked crime    An example of this type of crime would be murder, which is often an expressive "crime of passion" involving people who know each other and who may be under the influence of drugs, or suffering from the burdens of poverty. These factors may either prevent or inhibit rational evaluation of the long-term consequences of an immediate violent act.

conjugal visit    A prison program that allows inmates to receive private visits from their spouses for the purpose of maintaining normal interpersonal relationships.

consecutive sentences    Prison sentences for two or more criminal acts that are served one after the other.

consensus view of crime    The belief that the majority of citizens in a society share common ideals and work toward a common good and that crimes are acts that are outlawed because they conflict with the rules of the majority and are harmful to society.

consent decree    Decree entered by consent of the parties. Not properly judicial sentence but in the nature of a solemn contract or agreement of the parties that the decree is a just determination of their rights based on the real facts of the case, if such facts are proved.

consent    The lack of which is a legal element in the charge of sexual assault; cannot be extinguished by drunkenness.

constable    The peacekeeper in early English towns. The constable organized citizens to protect his territory and supervised the night watch.

Constitution Act (1982)    Formerly known as the British North America Act, 1867, the act includes provisions that define the responsibilities of the federal and provincial governments in the area of criminal justice. The federal government is assigned the authority to enact criminal laws and procedures for processing criminal cases, and the provinces are assigned responsibility for the administration of justice.

constructive intent    The finding of criminal liability for an unintentional act that is the result of negligence or recklessness.

constructive possession    In the crime of larceny, willingly giving up temporary physical possession of property but retaining legal ownership.

contact and cover    The procedure used by patrol officers in encounter situations to reduce the likelihood of injury and death.

contact officer    In an encounter situation, the patrol officer who is responsible for initiating the interaction with the subject or suspect and gathering the required information. See also cover officer.

containment theory    Theory, based on control theory, that youth are insulated from delinquency by inner and outer containments that constrain nonconformist behaviour. See also inner containments; outer containments

containments    According to Reckless, internal and external factors and conditions that help insulate youths from delinquency-promoting situations. Most important of the internal containments is a strong self-concept, while external containments include positive support from parents and teachers.

continuance    A judicial order to continue a case without a finding, to gather more information or allow the defendant to begin a community-based treatment program.

continuity of crime    The view that crime begins early in life and continues throughout the life course. Thus, the best predictor of future criminality is past criminality.

contract system (attorney)    Providing counsel to indigent offenders by having attorneys under contract to the country to handle all (or some) such cases.

contract system (convict)    The system used earlier in the century in which inmates were leased out to private industry to work.

control theory    An approach which looks at the ability of society and its institutions to control, manage, restrain, or direct human behaviour, sometimes called social control theory

convict subculture    The separate culture in the prison that has its own set of rewards and behaviours. The traditional culture is now being replaced by a violent gang culture.

conviction    A judgment of guilt; a verdict by a jury, a pleas by a defendant, or a judgment by a court that the accused is guilty as charged.

corner boy    According to Cohen, a role in the lower-class culture in which young men remain in their birth neighbourhood, acquire families and menial jobs, and adjust to the demands of their environment.

corporal punishment    The use of physical chastisement, such as whipping or electroshock, to punish criminals.

corporate crime    White-collar crime involving a legal violation by a corporate entity, such as price fixing, restraint of trade, or hazardous waste dumping. It can also include large corporations and their efforts to control the marketplace and earn huge profits through unlawful bidding, unfair advertising, monopolistic practices, or other illegal means.

corpus delicti    The body of crime, made up of the actus rebs and mens rea.

corrections    The agencies of justice that take custody of offenders after their conviction and are entrusted with their treatment and control.

corroboration    Before 1983 it was required that someone alleging sexual assault have someone corroborate, or back up their claim; no longer required.

court administrator    The individual who controls the operations of the courts system in a particular jurisdiction; he or she may be in charge of scheduling, juries, judicial assignment, and so on.

court of last resort    A court that handles the final appeal on a matter. The Supreme Court of Canada is the official court of last resort for criminal matters.

court-leet    During the Middle Ages, the local hundred or manor court that dealt with most secular violations.

courtroom work group    The phrase used to denote that all parties in the adversary process work together to settle cases with the least amount of effort and conflict.

courts of limited jurisdiction    Courts that handle misdemeanours and minor civil complaints.

cover officer    In an encounter situation, the officer responsible for providing support for the contact officer, observing the subject or suspect, and being vigilant to any threats to officer safety. See also contact officer.

covert pathway    A path to a criminal career that begins with minor underhanded behaviour and progresses to fire starting and theft.

crack cocaine    A smokable form of purified cocaine that provides an immediate and powerful high.

crackdown    The concentration of police resources on a particular problem area, such as street-level drug dealing, to eradicate or displace criminal activity.

crime    A violation of societal rules of behaviour as interpreted and expressed by a criminal legal code created by people holding social and political power. Individuals who violate these rules are subject to sanctions by state authority, social stigma, and loss of status.

crime attack strategies    Police patrol operations that are proactive and aimed at the control of crime. Includes tactical (directed) patrol, saturation patrol, and repeat-offender targeting.

crime control    A model of criminal justice that emphasizes the control of dangerous offenders and the protection of society. Its advocates call for harsh punishments, such as the death penalty, as a deterrent to crime.

crime displacement    The relocation-due to the implementation of an effective prevention program-of criminal activity from one locale to another.

crime fighter    A police style that stresses dealing with hard crimes and arresting dangerous criminals.

crime funnel    A "volume-reducing system," meaning that there is a high level of attrition as cases travel through various stages of the criminal justice system.

crime prevention    The anticipation, recognition, and appraisal of a crime risk and the initiation of some action to reduce or remove it.

opportunity reduction    Focuses on how social and environmental factors might be brought to bear on the reduction of crime opportunities.

resource mobilization    Addressing crime issues in terms of whether law helps people against victimization.

social development approach    An approach to crime prevention that attempts to create social conditions that discourage long-term serious offending and empower potential victims, while at the same time contributing to the rebuilding of communities.

crime prevention through environmental design (CPTED)    A crime prevention strategy designed to reduce criminal opportunities by altering the physical environment of structures and places.

crime rate    This number is derived by calculating the ratio of crimes in the whole population; usually expressed as 'per 100 000 people', it gives the criminologist a sense of the relative likelihood of crime occurring.

age-specific    The crime risk for a certain age group.

ecological position    Incorporates geographic and economic relationships within a community in the analyses of crime rates.

rude crime rates    The population at risk of being a victim of crime.

crime-related violence    When the violence is committed during the course of another crime, usually between strangers; see conflict-related violence.

crime-trip distance    See journey to crime.

Criminal Code    Federal legislation that sets out the criminal laws of Canada and the procedures for the administration of justice.

criminal anthropology    Early efforts to discover a biological basis of crime through measurement of physical and mental processes.

criminal event    Includes its precursors, including the locational and situational factors which bring people together in time and space; the event itself involving how the interactions among participants define the outcomes of their actions; and the aftermath of the event including the reporting to the police, their response, the harm done and the redress required, and the long-term consequences of the event in terms of public reactions and the changing of laws.

criminal justice system    The complete institutional process of decision-making from the initial investigation or arrest by police to the eventual release of the offender and his or her reentry into society; the various sequential criminal justice stages through which the offender passes.

criminal law    The body of rules that define crimes, set out their punishments, and mandate the procedures in carrying out the criminal justice process.

criminal pattern    A rational delinquency oriented toward the pursuit of monetary objectives, exemplified by organized theft and the sale of illicit goods or services. See also conflict pattern; illegitimate means; retreatist pattern

criminal personality profile    An investigative technique that attempts to develop composites of unknown suspects by constructing biographical and psychological sketches based on information taken from crime scenes and victim-related information.

criminal sanction    The right of the state to punish people if they violate the rules set down in the criminal code; the punishment connected to commission of a specific crime.

criminological enterprise    This refers to the totality of criminology, even though there are many fields or subareas of study.

criminologist    One who brings objectivity and method to the study of crime and its consequences; also see criminology

criminology    The scientific study of the nature, extent, cause, and control of criminal behaviour.

crisis intervention    A form of program provided to victims of crime, many of whom are feeling isolated, vulnerable, and in need of immediate services; might involve counselling

critical incident stress debriefing    A program used by emergency services, including police, fire, and hospitals, to assist personnel before and after they encounter distressing events on the job.

critical incident stress peer debriefing    A peer support process that provides a forum for officers to discuss their feelings about and reactions to a particular incident.

critical incident stress    The physiological, psychological, physical, and emotional reactions that may occur in an individual who has been involved in a traumatic incident, e.g., patrol officers involved in a fatal shooting.

cross-examination    The process in which the defence and the prosecution interrogate witnesses during a trial.

cross-sectional research    Surveys which use data that derive from all age, race, gender, and income segments of the population being measured simultaneously. Since people from every age group are represented, age-specific crime rates can be determined. Proponents believe that this is a sufficient substitute for the more expensive longitudinal approach that follows a group of subjects over time in order to measure crime rate changes.

crowds    In the study of peer relations, loosely organized groups of children who share interests and activities; see cliques

Crown attorney    The prosecutor who is charged with bringing offenders to justice and enforcing the laws of the country.

cruel and unusual punishment    Physical punishment that is far in excess of that given to people under similar circumstances and is therefore banned.

culpable    Referring to a wrongful act that does not involve malice. It connotes fault rather than guilt.

cult killings    When members of religious cults, some of which are devoted to devil worship, satanism, are ordered to kill as part of the cult's rituals; examples might include Jonestown, Guyana, or the Solar Temple cult.

cultural deviance theory    This is a variation of structural theory which combines elements of both strain and social disorganization. According to this view, because of strain and social isolation, unique lower-class subcultures develop in disorganized neighbourhoods which maintain a set of values and beliefs that are in conflict with conventional social norms. Criminal behaviour is an expression of conformity to lower-class subcultural values.

cultural goals    Legitimate objectives held by all or by diversely located members of society. See also anomie theory; individual adaptation; legitimate means, illegitimate means

cultural transmission    The concept that conduct norms are passed down from one generation to the next so that they become stable within the boundaries of a culture. Cultural transmission guarantees that group lifestyle and behaviour are stable and predictable.

culture conflict    According to Sellin, a condition brought about when the rules and norms of an individual's subcultural affiliation conflict with the role demands of conventional society.

culture of competition    A cultural atmosphere in which crime is promoted by competition that defines wealth and success as central goals of human activity. See also enterprise crime; occupational crime.

culture of poverty    The view that people in the lower class of society form a separate culture with its own values and norms that are in conflict with conventional society; the culture is self-maintaining and ongoing.

curilage    The fields attached to a house.

custodial convenience    The principle of giving jailed inmates the minimum comforts required by law to contain the costs of incarceration.

cycle of violence    Research in this area describes a phenomenon of child victims later becoming adult criminals later in life due to their early experiences.

cynicism    The belief that most peoples' actions are motivated solely by personal needs and selfishness.




 

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