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racial profiling "Any police-initiated action that relies on the race, ethnicity, or national origin rather than [1] the behavior of an individual, or [2] . . . information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity."44 Racketeer Influenced and Corrupt Organizations (RICO) A federal statute that allows for the federal seizure of assets derived from illegal enterprise. radical criminology A conflict perspective that sees crime as engendered by the unequal distribution of wealth, power, and other resources, which adherents believe is especially characteristic of capitalist societies. Also called critical criminology; Marxist criminology. rape Unlawful sexual intercourse, achieved through force and without consent. Broadly speaking, the term rape has been applied to a wide variety of sexual attacks and may include same-sex rape and the rape of a male by a female. Some jurisdictions refer to same-sex rape as sexual battery. See also forcible rape; sexual battery. rated capacity The number of inmates a prison can handle according to the judgment of experts. rational choice theory A perspective on crime causation that holds that criminality is the result of conscious choice. Rational choice theory predicts that individuals will choose to commit crime when the benefits of doing so outweigh the costs of disobeying the law. reaction formation The process whereby a person openly rejects that which he or she wants or aspires to but cannot obtain or achieve. real evidence Evidence that consists of physical material or traces of physical activity. reasonable doubt In legal proceedings, an actual and substantial doubt arising from the evidence, from the facts or circumstances shown by the evidence, or from the lack of evidence.45 Also, the state of a case such that, after the comparison and consideration of all the evidence, jurors cannot say they feel an abiding conviction of the truth of the charge.46 reasonable doubt standard The standard of proof necessary for conviction in criminal trials. reasonable force A degree of force that is appropriate in a given situation and is not excessive. Also, the minimum degree of force necessary to protect oneself, one's property, a third party, or the property of another in the face of a substantial threat. reasonable suspicion The level of suspicion that would justify an officer in making further inquiry or in conducting further investigation. Reasonable suspicion may permit stopping a person for questioning or for a simple pat-down search. Also, a belief, based on a consideration of the facts at hand and on reasonable inferences drawn from those facts, that would induce an ordinarily prudent and cautious person under the same circumstances to conclude that criminal activity is taking place or that criminal activity has recently occurred. Reasonable suspicion is a general and reasonable belief that a crime is in progress or has occurred, whereas probable cause is a reasonable belief that a particular person has committed a specific crime. See also probable cause. recidivism The repetition of criminal behavior. In statistical practice, a recidivism rate may be any of a number of possible counts or instances of arrest, conviction, correctional commitment, or correctional status change related to repetitions of these events within a given period of time. recidivist A person who has been convicted of one or more crimes and who is alleged or found to have subsequently committed another crime or series of crimes. reckless behavior Activity that increases the risk of harm. recreational drug user A person who uses drugs relatively infrequently and primarily with friends and in social contexts that define drug use as pleasurable. Most addicts begin as recreational users. reformatory style A late-nineteenth-century correctional model based on the use of the indeterminate sentence and the belief in the possibility of rehabilitation, especially for youthful offenders. The reformatory concept faded with the emergence of industrial prisons around the turn of the century. regional jail A jail that is built and run using the combined resources of a variety of local jurisdictions. rehabilitation The attempt to reform a criminal offender. Also, the state in which a reformed offender is said to be. release on recognizance (ROR) The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required. reprieve An executive act temporarily suspending the execution of a sentence, usually a death sentence. A reprieve differs from other suspensions of sentence not only in that it almost always applies to the temporary withdrawing of a death sentence, but also in that it is usually an act of clemency intended to provide the prisoner with time to secure amelioration of the sentence. research The use of standardized, systematic procedures in the search for knowledge. resident A person required, by official action or by his or her acceptance of placement, to reside in a public or private facility established for purposes of confinement, supervision, or care. residential commitment A sentence of commitment to a correctional facility for adults, in which the offender is required to reside at night, but from which he or she is regularly permitted to depart during the day, unaccompanied by any official. response time A measure of the time that it takes for police officers to respond to calls for service. restitution A court requirement that an alleged or convicted offender pay money or provide services to the victim of the crime or provide services to the community. restoration A goal of criminal sentencing that attempts to make the victim "whole again." restorative justice A sentencing model that builds on restitution and community participation in an attempt to make the victim "whole again." retribution The act of taking revenge on a criminal perpetrator. revocation hearing A hearing held before a legally constituted hearing body (such as a parole board) to determine whether a parolee or probationer has violated the conditions and requirements of his or her parole or probation. rights of defendant The powers and privileges that are constitutionally guaranteed to every defendant. robbery (UCR) The unlawful taking or attempted taking of property that is in the immediate possession of another by force or violence and/or by putting the victim in fear. Armed robbery differs from unarmed, or strong-arm, robbery with regard to the presence of a weapon. Contrary to popular conceptions, highway robbery does not necessarily occur on a street—and rarely in a vehicle. The term highway robbery applies to any form of robbery that occurs outdoors in a public place. routine activities theory A neoclassical perspective that suggests that lifestyles contribute significantly to both the volume and the type of crime found in any society. rule of law The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members. rules of evidence Court rules that govern the admissibility of evidence at criminal hearings and trials. runaway A juvenile who has been adjudicated by a judicial officer of juvenile court as having committed the status offense of leaving the custody and home of his or her parents, guardians, or custodians without permission and of failing to return within a reasonable length of time. 44. Deborah Ramierz, Jack McDevitt, and Amy Farrell, A Resource Guide on Racial Profiling Data Collection Systems: Promising Practices and Lessons Learned (Washington, D.C.: Department of Justice, 2000), p. 3. 45. Victor v. Nebraska, 114 S.Ct. 1239, 127 L.Ed.2d 583 (1994). 46. As found in the California jury instructions. |
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