| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |
A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community.
dangerousness
The likelihood that a given individual will later harm society or others. Dangerousness is often measured in terms of recidivism, or the likelihood of additional crime commission within five years following arrest or release from confinement.
dark figure of crime
Crime that is not reported to the police and that remains unknown to officials.
data encryption
The encoding of computerized information.
date rape
Unlawful forced sexual intercourse with a female against her will that occurs within the context of a dating relationship. Date rape, or acquaintance rape, is a subcategory of rape that is of special concern today.
Daubert standard
A test of scientific acceptability applicable to the gathering of evidence in criminal cases.
deadly force
Force likely to cause death or great bodily harm. Also, "the intentional use of a firearm or other instrument resulting in a high probability of death."15
deadly weapon
An instrument designed to inflict serious bodily injury or death or capable of being used for such a purpose.
deconstructionist theory
One of the emerging approaches that challenges existing criminological perspectives to debunk them and that works toward replacing them with concepts more applicable to the postmodern era.
decriminalization
The redefinition of certain previously criminal behaviors into regulated activities that become "ticketable" rather than "arrestable."
defendant
A person formally accused of an offense by the filing in court of a charging document.
defense (to a criminal charge)
Evidence and arguments offered by a defendant and his or her attorney to show why the defendant should not be held liable for a criminal charge.
defense attorney
See defense counsel.
defense counsel
A licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law. Also called defense attorney.
defensible space theory
The belief that an area's physical features may be modified and structured so as to reduce crime rates in that area and to lower the fear of victimization that residents experience.
delinquency
In the broadest usage, juvenile actions or conduct in violation of criminal law, juvenile status offenses, and other juvenile misbehavior.
delinquent
A juvenile who has been adjudged by a judicial officer of a juvenile court to have committed a delinquent act.
delinquent act
An act committed by a juvenile for which an adult could be prosecuted in a criminal court, but for which a juvenile can be adjudicated in a juvenile court or prosecuted in a court having criminal jurisdiction if the juvenile court transfers jurisdiction. Generally, a felony- or misdemeanor-level offense in states employing those terms.
delinquent child
A child who has engaged in activity that would be considered a crime if the child were an adult. The term delinquent is used to avoid the stigma associated with the term criminal.
dependent child
A child who has no parents or whose parents are unable to care for him or her.
design capacity
The number of inmates a prison was intended to hold when it was built or modified. Also called bed capacity.
detainee
Usually, a person held in local, very short-term confinement while awaiting consideration for pretrial release or a first appearance for arraignment.
detention
The legally authorized confinement of a person subject to criminal or juvenile court proceedings, until the point of commitment to a correctional facility or until release.
detention hearing
In juvenile justice usage, a hearing by a judicial officer of a juvenile court to determine whether a juvenile is to be detained, is to continue to be detained, or is to be released while juvenile proceedings are pending.
determinate sentencing
A model of criminal punishment in which an offender is given a fixed term that may be reduced by good time or gain time. Under the model, for example, all offenders convicted of the same degree of burglary would be sentenced to the same length of time behind bars. Also called fixed sentencing.
deterrence
A goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment.
deviance
A violation of social norms defining appropriate or proper behavior under a particular set of circumstances. Deviance often includes criminal acts. Also called deviant behavior.
diminished capacity
A defense based on claims of a mental condition that may be insufficient to exonerate the defendant of guilt but that may be relevant to specific mental elements of certain crimes or degrees of crime. Also called diminished responsibility.
directed patrol
A police management strategy designed to increase the productivity of patrol officers through the scientific analysis and evaluation of patrol techniques.
direct evidence
Evidence that, if believed, directly proves a fact. Eyewitness testimony and videotaped documentation account for the majority of all direct evidence heard in the criminal courtroom.
direct-supervision jail
A temporary confinement facility that eliminates many of the traditional barriers between inmates and correctional staff. Physical barriers in direct-supervision jails are far less common than in traditional jails, allowing staff members the opportunity for greater interaction with, and control over, residents. Also called new-generation jail; podular-direct jail.
discharge
To release from confinement or supervision or to release from a legal status imposing an obligation upon the subject person.
discretion
See police discretion.
disposition
The action by a criminal or juvenile justice agency which signifies that a portion of the justice process is complete and that jurisdiction is terminated or transferred to another agency or which signifies that a decision has been reached on one aspect of a case and a different aspect comes under consideration, requiring a different kind of decision.
dispositional hearing
The final stage in the processing of adjudicated juveniles in which a decision is made on the form of treatment or penalty that should be imposed on the child.
dispute-resolution center
An informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court.
district attorney (DA)
See prosecutor.
diversion
The official suspension of criminal or juvenile proceedings against an alleged offender at any point after a recorded justice system intake, but before the entering of a judgment, and referral of that person to a treatment or care program administered by a nonjustice or private agency. Also, release without referral.
DNA profiling
The use of biological residue, found at the scene of a crime, for genetic comparisons in aiding in the identification of criminal suspects.
docket
See court calendar.
domestic terrorism
The unlawful use of force or violence by a group or an individual who is based and operates entirely within the United States and its territories without foreign direction and whose acts are directed at elements of the U.S. government or population.16
double jeopardy
A common law and constitutional prohibition against a second trial for the same offense.
drug
Any chemical substance defined by social convention as bioactive or psychoactive.
drug abuse
Illicit drug use that results in social, economic, psychological, or legal problems for the user.17
drug court
A special state, county, or municipal court that offers first-time substance-abuse offenders judicially mandated and court-supervised treatment alternatives to prison.
drug czar
The popular name for the head of the Office of National Drug Control Policy (ONDCP), a federal Cabinet-level position that was created during the Reagan presidency to organize federal drug-fighting efforts.
drug-law violation
The unlawful sale, purchase, distribution, manufacture, cultivation, transport, possession, or use of a controlled or prohibited drug. Also, the attempt to commit one of these acts.
due process
A right guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the U.S. Constitution and generally understood, in legal contexts, to mean the due course of legal proceedings according to the rules and forms established for the protection of individual rights. In criminal proceedings, due process of law is generally understood to include the following basic elements: a law creating and defining the offense, an impartial tribunal having jurisdictional authority over the case, accusation in proper form, notice and opportunity to defend, trial according to established procedure, and discharge from all restraints or obligations unless convicted.
due process model
A criminal justice perspective that emphasizes individual rights at all stages of justice system processing.
15. Sam W. Lathrop, "Reviewing Use of Force: A Systematic Approach," FBI Law Enforcement Bulletin, October 2000, p. 18.
16. Adapted from Federal Bureau of Investigation, FBI Policy and Guidelines: Counterterrorism. Web posted at http://www.fbi.gov/contact/fo/jackson/cntrterr.htm. Accessed March 4, 2002.
17. Bureau of Justice Statistics, Drugs, Crime, and the Justice System (Washington, D.C.: BJS, 1992), p. 20.
Prentice Hall Pearson Education Legal Notice Privacy Policy Permissions |