DSST Criminal Justice key terms

The physical act or conduct that constitutes a crime, such as taking property or striking a person. A guilty mind alone is not punishable without some voluntary act or legally recognized omission.

The mental state accompanying a criminal act, such as intent, knowledge, recklessness, or negligence. Prosecutors must prove this state to the degree the statute requires.

The body of facts showing that a crime actually occurred, independent of any confession. It typically requires proof of a loss or injury and that someone's criminal conduct caused it.

A crime for which no mental state must be proven, such as many traffic and regulatory violations. The prosecution need only show the prohibited act was committed.

A serious crime generally punishable by more than one year in prison, and often by death in jurisdictions that retain it. Examples include robbery, burglary, and aggravated assault.

A less serious offense typically punishable by up to one year in a local jail, a fine, or both. Petty theft and simple assault are common examples.

A crime of preparation or incomplete action, such as attempt, conspiracy, or solicitation. It is punishable even when the intended substantive crime is never completed.

An agreement between two or more people to commit an unlawful act, often coupled with an overt act in furtherance of the plan. It is a separate crime from the target offense.

Asking, urging, or commanding another person to commit a crime with the intent that the crime be committed. The offense is complete at the request, even if the other person refuses.

A claim that a defendant's mental illness at the time of the act negates criminal responsibility. Tests vary, including the M'Naghten and Model Penal Code standards, and burden rules differ by jurisdiction.

A finding that a defendant can understand the proceedings and assist counsel in their own defense. Unlike insanity, it concerns the defendant's present mental condition and can be restored through treatment.

The principle that evidence obtained through unconstitutional police conduct generally cannot be used against the defendant at trial. It is meant to deter official misconduct and is subject to several exceptions.

A reasonable belief, based on facts and circumstances, that a crime has occurred or that evidence will be found in a particular place. It is the standard for arrests and search warrants.

A lower standard than probable cause, permitting a brief investigative stop when an officer has specific, articulable facts suggesting criminal activity. It does not authorize a full search.

A written court order authorizing police to make an arrest or conduct a search, issued upon a showing of probable cause and describing with particularity the place and items involved.

A brief detention based on reasonable suspicion during which an officer may pat down outer clothing for weapons. The pat-down is limited to what is necessary to protect officer safety.

The advisement of rights to silence and to counsel that police must give before custodial interrogation. Statements obtained without it are generally inadmissible in the prosecution's case-in-chief.

Questioning by police after a person has been taken into custody or deprived of freedom in a significant way. It triggers the requirement to advise the suspect of rights.

The doctrine barring use of evidence derived from an illegal search or seizure, not just the directly obtained evidence. Courts may admit it if the connection to the illegality has become sufficiently attenuated.

A strategy in which officers build ongoing partnerships with residents and address the underlying conditions that generate crime. It emphasizes problem solving and information sharing over purely reactive patrol.

The idea that visible disorder and minor offenses, if left unattended, encourage more serious crime. It has shaped aggressive order-maintenance policing and remains heavily debated.

The lawful freedom of police, prosecutors, and judges to choose among permissible courses of action, such as whether to arrest, charge, or grant bail. It is central to how the system handles cases.

The constitutional guarantee of fair procedures before the government deprives a person of life, liberty, or property. It includes notice, a hearing, an impartial decision maker, and fundamental fairness.

A panel of citizens that reviews evidence presented by the prosecutor and decides whether to return an indictment. It does not determine guilt and normally operates without a judge or defense counsel present.

A formal criminal charge issued by a grand jury after finding probable cause. It contrasts with an information, which a prosecutor files directly in jurisdictions that do not require grand jury review.

A court appearance at which the defendant is informed of the charges and asked to enter a plea. Bail and conditions of release are often addressed at this stage.

Negotiation in which the defendant agrees to plead guilty in exchange for a reduced charge, a lighter sentence recommendation, or dismissal of other counts. Most criminal convictions result from this process.

The prosecutor's authority to decide whether to file charges, which charges to file, and whether to negotiate a plea. These choices are largely unreviewable but must rest on probable cause and ethical standards.

A mechanism for releasing an accused person before trial, usually secured by money or conditions, to reasonably ensure appearance in court. Excessive bail is prohibited by the Eighth Amendment.

Holding an accused person in custody while awaiting trial, typically because of flight risk or danger to the community. Many jurisdictions use risk-assessment tools to guide this decision.

The highest standard of proof, required in criminal trials. It means the evidence leaves the fact finder firmly convinced of guilt, with no reasonable explanation consistent with innocence.

A group of ordinary citizens sworn to decide facts in a trial. In criminal cases it must be impartial, drawn from a fair cross-section of the community, and unanimous in many jurisdictions.

The questioning of prospective jurors to identify bias or inability to serve fairly. Attorneys may also exercise limited peremptory challenges, which cannot be used to exclude jurors because of race or sex.

A fixed term of imprisonment set by statute or guidelines, with release at a date that is largely predictable. It contrasts with indeterminate sentencing, where a parole board controls release timing.

A sentence stated as a range, such as five to fifteen years, with a parole board deciding when the offender is released. It was historically tied to rehabilitation and individualized treatment.

A statutory floor below which a judge may not sentence an offender convicted of a specified offense. Such laws limit judicial discretion and often apply to drug and firearm crimes.

Rules, often based on offense severity and criminal history, that structure judicial sentencing decisions. They may be binding or advisory depending on the jurisdiction.

The supervised release of a prisoner before the maximum term expires, granted by a board after a hearing. Violations can lead to revocation and return to custody.

A sentence that allows an offender to remain in the community under court-imposed conditions instead of being incarcerated. Violations may result in revocation and imprisonment.

An approach focused on repairing harm through dialogue among the offender, victim, and community. It emphasizes accountability and reparation rather than purely punitive measures.

A program that channels eligible offenders away from formal prosecution toward treatment, education, or supervision. Completion usually results in dismissal of charges.

A closed setting such as a prison where residents live under strict, regimented control and are separated from the wider society. The concept describes the social organization of custodial life.

The informal norms, codes, and status hierarchies that develop among inmates, including expectations about loyalty and informants. It shapes daily behavior and can undermine rehabilitative programs.

The rearrest, reconviction, or reincarceration of an offender after release. It is a common measure of correctional effectiveness and is typically highest in the first year after release.

Placement of a prisoner alone in a cell for most of the day with limited human contact. Prolonged use is controversial and courts have examined it under Eighth Amendment standards.

Punishment barred by the Eighth Amendment, interpreted to prohibit torture, excessive sentences, and deliberate indifference to serious medical needs. Its meaning evolves with society's standards.

The doctrine that the state acts as guardian for those unable to protect themselves, such as children. It historically justified broad juvenile court authority over minors' welfare and conduct.

A specialized tribunal handling cases involving minors accused of delinquency or status offenses. It emphasizes rehabilitation, confidentiality, and individualized dispositions rather than punishment.

Conduct that is unlawful only because the person is a minor, such as truancy, running away, or curfew violations. Adults cannot be charged with these acts.

A juvenile's commission of an act that would be a crime if done by an adult. Adjudication of delinquency is the juvenile equivalent of a criminal conviction.

A transfer of a juvenile case to adult criminal court, usually for serious offenses or older minors. Judges or prosecutors decide waivers under statutory criteria in most jurisdictions.