CJCENTRAL: Criminal Justice Brief, 5E: Glossary

backlog (court)
The number of cases awaiting disposition in a court which exceed the court's capacity for disposing of them within the period of time considered appropriate.

bail
I. To effect the release of an accused person from custody, in return for a promise that he or she will appear at a place and time specified and submit to the jurisdiction and judgment of the court, guaranteed by a pledge to pay to the court a specified sum of money or property if the person does not appear. II. The money or property pledged to the court or actually deposited with the court to effect the release of a person from legal custody.

bail bond
A document guaranteeing the appearance of the defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear, which is signed by the person to be released and any other persons acting in his or her behalf.

bail bondsman
A person, usually licensed, whose business it is to effect release on bail for persons charged with offenses and held in custody, by pledging to pay a sum of money if a defendant fails to appear in court as required.

bailiff
The court officer whose duties are to keep order in the courtroom and to maintain physical custody of the jury.

bail revocation
The court decision withdrawing the status of release on bail previously conferred upon a defendant.

balancing test
A principle developed by the courts, and applied to the corrections arena by the 1974 case of Pell v. Procunier, which attempts to weigh the rights of an individual as guaranteed by the Constitution, against the authority of states to make laws or otherwise restrict a person's freedom in order to protect its interests and its citizens.

ballistics
The analysis of firearms, ammunition, projectiles, bombs, and explosions.

Battered Woman's Syndrome (BWS)
A series of common characteristics that appear in women who are abused physically and psychologically over an extended period of time by the dominant male figure in their lives; a pattern of psychological symptoms that develop after somebody has lived in a battering relationship; or a pattern of responses and perceptions presumed to be characteristic of women who have been subjected to continuous physical abuse by their mates.

behavioral conditioning
A psychological principle which holds that the frequency of any behavior can be increased or decreased through reward, punishment, and/or association with other stimuli.

bench warrant
A document issued by a court directing that a law enforcement officer bring the person named therein before the court, usually one who has failed to obey a court order or a notice to appear.

bias crimes
See hate crimes.

bind over
I. To require by judicial authority that a person promise to appear for trial, appear in court as a witness, or keep the peace. II. The decision by a court of limited jurisdiction requiring that a person charged with a felony appear for trial on that charge in a court of general jurisdiction, as the result of a finding of probable cause at a preliminary hearing held in the limited jurisdiction court.

biological school
A perspective on criminological thought that holds that criminal behavior has a physiological basis. Genes, foods and food additives, hormones, and inheritance are all thought to play a role in determining individual behavior. Biological thinkers highlight the underlying animalistic aspect of being human as a major determinate of behavior.

Bivens action
The name given to civil suits, based upon the case of Bivens v. Six Unknown Named Defendants, brought against federal government officials for denial of the constitutional rights of others.

booking
A law enforcement or correctional administrative process officially recording an entry into detention after arrest, and identifying the person, the place, time, and reason for the arrest, and the arresting authority.

broken windows thesis
A perspective on crime causation which holds that physical deterioration in an area leads to increased concerns for personal safety among area residents, and to higher crime rates in that area.

burglary
I. By the narrowest and oldest definition, trespassory breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony. II. Unlawful entry of any fixed structure, vehicle, or vessel used for regular residence, industry, or business, with or without force, with intent to commit a felony or larceny.

burglary (UCR)
Unlawful entry of any fixed structure, vehicle, or vessel used for regular residence, industry, or business, with or without force, with intent to commit a felony, or larceny.

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