bluuebunny/crossref_metadata_2025 huggingface dataset:
Tannenbaum, Frank
Authors: Geis Gilbert
Published: January 2014

Frank Tannenbaum is recognized as a major figure in labeling and symbolic interaction theories. His interpretation of how law‐abiding groups create outcasts when wrongdoers violate social norms and behaviors is a process called “the dramatization of evil.” Tannenbaum, who had a brief stint in prison, is also well known for his work in correctional reform.
Lombroso, Cesare
Authors: Shichor David
Published: January 2014

Cesare Lombroso, often referred to as the “father of modern criminology,” applied biological positivism to the study of criminal behavior. He is, perhaps, best known for his classification of criminals as born criminals and criminoloids (minor offenders). Born criminals were labeled by Lombroso as atavistic or evolutionary throwbacks. Though his work is often fraught with criticisms, his contributions to anthropology and criminology furthered the use of the scientific method and objective empirical inquiry, which served as an important foundation for future research in criminology.
Civilian Review Boards
Authors: Wilson Steve
Published: January 2014

Citizen complaints about police misconduct are routinely investigated internally by law enforcement agencies. This technique, however, has been criticized for several reasons, including its secretive nature and quality of investigations. One reform that has been used to manage these problems is to involve citizens review boards in the investigatory process.
Training in Corrections
Authors: Bailey Diana
Published: January 2014

The inmate population has increased rapidly in the United States, with an estimated 2.3 million individuals incarcerated in 2008. Correctional personnel are responsible for the safety of the offenders, staff, and the public. With increasing numbers of offenders and understaffing of correctional officers within the corrections system, effective training is paramount. The screening process and types of training across correctional agencies are examined. This entry discusses the struggles that correctional personnel face within the institution, and the importance of training when handling inmates while maintaining safety and order.
Department of Homeland Security
Authors: Smith Carter F.
Published: January 2014

The Department of Homeland Security (DHS) was created through the integration of all or part of 22 different federal departments and agencies into a unified, integrated department. The Homeland Security department assumed a large number of services, offices, and other organizations previously conducted in other departments, such as the Customs Service, Coast Guard, and US Secret Service. Homeland security leverages resources within federal, state, and local governments, coordinating the transition of multiple agencies and programs into a single, integrated agency focused on protecting the American people and their homeland. The three primary objectives of the National Strategy for Homeland Security are to prevent terrorist attacks within the United States; to reduce America's vulnerability to terrorism; and to minimize the damage and recover from attacks that do occur.
Shaw, Clifford
Authors: Prior Nicole
Published: January 2014

Clifford Shaw was best known for his work at the University of Chicago and for his development of the Chicago Area Project. Shaw in collaboration with Henry McKay further explored social disorganization by developing what was perhaps the first crime‐mapping analysis. Their work explained delinquency rates in Chicago using the Concentric Zone Model and discovered the highest level of offending in transition areas marked by poverty.
Justice on the American Frontier
Authors: George Eichenberg M.
Published: January 2014

This article examines the process of crime and punishment on the American frontier beginning with the transplantation of English common law in the seventeenth century and covering the evolution of criminal justice practices as pioneers pushed American boundaries further west over the next 200 years. What becomes clear is that a variety of practices developed depending on the types of crime and disorder faced on each frontier, both geographically and temporally.
Abuse of Animals
Authors: Walsh Jeffrey A. , Krienert Jessie L.
Published: January 2014

The abuse of animals for a variety of purposes has been documented throughout history. Today, amidst growing societal concern for the health and welfare of animals, empirical evidence establishes linkages between the abuse of animals and human aggression. Of particular interest has been the association between domestic violence perpetration and victimization and the role of animal abuse in some of these complex relationship dynamics. Further, the exploitation of exotic animals for profit has reached new heights, putting even greater numbers of animals at risk of abuse and neglect.
Date Rape
Authors: M. Tucker Jane
Published: January 2014

The term date rape emerged in the mid‐1980s to specify a type of rape that occurs within the dating relationship. Since that time, researchers have focused attention on the previously overlooked crime of date rape and the historical and social issues that led to the minimization of this crime. This entry reviews existing research on the prevalence of date rape, historical views of women, rape, and the concept of “rape myths.” Additionally, current legal and social responses to the crime of date rape are reviewed.
Prison Work
Authors: Dhami Mandeep K.
Published: January 2014

In many jurisdictions, those sentenced to prison may be required to work while in prison. The type of work ranges from menial work, such as cleaning the institution, to private and/or public industrial work, vocational training, and work‐release programs. Assumed benefits of prison work include increasing prisoners' employment opportunities upon release and reducing recidivism. Some empirical evidence supports these assumptions, although much of the research is methodologically flawed; for example, many are characterized by sample‐selection bias. Despite potential benefits, prison work has been criticized for exploiting prisoners, not always being a productive use of inmates' time, and lacking rehabilitative value.
Distance Learning
Authors: Perlin Michael L. , Cucolo Heather Ellis
Published: January 2014

Distance learning is a progressive pedagogy aimed at offering online courses to students of all ages, professions, and specializations. Advances in technology and internet capabilities have increased the demand for and availability of distance education. Online courses can be developed using synchronous and asynchronous delivery of information and incorporate a variety of formats. By offering information in a virtual classroom, institutions can reach a diverse population of students who are no longer constrained by geographic location and the necessity of in‐class physical presence. In addition, distance learning offers many benefits to individuals with disabilities who may otherwise be unable to participate effectively in a traditional classroom setting. Schools have the opportunity to enhance their enrollment and reputation through highlighting a specific area of study but must be willing to forgo consistent face‐to‐face interaction between instructors and students and overcome ingrained conceptualizations of education that remain resistant to moving outside of a traditional classroom environment.
Extortion and Blackmail
Authors: Cahill Michael T.
Published: January 2014

The crimes of extortion and blackmail have been in existence for centuries; however, there is some confusion about the nature of and similarities between the two crimes. While the Model Penal Code offers most jurisdictions definitional parameters, there still exists much diversity among existing statutory definitions in the United States. Blackmail is a complex crime that involves various dimensions of threat, whereas extortion involves conditional threats against victims. The intricacies of each crime are discussed along with various theoretical perspectives.
Mandatory Sentences
Authors: O'Brien Shannon E.
Published: January 2014

Mandatory sentences are predetermined, minimum incarceration lengths imposed on an offender based on the offense committed. Also known as determinate sentencing, they are intended to reduce disparity and discretion within sentencing, reduce crime through deterrence, as well as reducing crime by keeping offenders incarcerated for longer periods of time.
Suspended Sentence
Authors: Ann Sparks Kimberly , Hill Brianne A.
Published: January 2014

Suspended sentences, a form of leniency, are used by judges for deserving offenders. There are two kinds of suspended sentence, that is, suspended imposition of sentence and suspended execution of sentence. Suspended sentences were granted by judges centuries before the advent of probation; even so, they are the foundation for probation. More suspended sentences are granted by courts each year than any other sentence; however, most suspended sentences do not require probation.
Sixth Amendment and Juveniles
Authors: Bonventre Catherine L.
Published: January 2014

The Sixth Amendment to the United States Constitution, by way of the Fourteenth Amendment, guarantees a number of rights to adults in state criminal prosecutions. Rights embodied in the Sixth Amendment include, among others, the right to a jury trial, the right to confront adverse witnesses, and the right to counsel. By definition, adjudications in juvenile court are not criminal prosecutions. Thus, the United States Supreme Court has extended a number of rights identified in the Sixth Amendment to juveniles under the Due Process clause of the 14th Amendment.
Social Bandits
Authors: Seal Graham
Published: January 2014

The concept of the “social” bandit was introduced by the late historian, Eric Hobsbawm, to describe “noble robbers” or outlaw heroes who resist oppressions visited on the poor and weak. The English Robin Hood is perhaps the best‐known example, but such figures appear in folk traditions around the world and across at least several thousand years of history. Hobsbawm's contention that certain nominally criminal figures could be considered fighters against oppression, and therefore supported by their environing communities, has been influential and controversial across many fields of scholarship.
Community Corrections
Authors: Ming‐Chwang Chen Mark
Published: January 2014

Community corrections include everything from pretrial diversion to intermediate punishments. The purpose of community corrections is to enhance public safety by encouraging a crime‐free lifestyle and providing cost‐effective, evidence‐based programs in communities for the supervision and treatment of offenders. Two theoretical perspectives that support community corrections are labeling and differential association.
Shaming Punishments
Authors: Goswami Shanta
Published: January 2014

This entry discusses the following aspects of shaming punishments: definition; social construction; evolution and history; role in criminal law; guilt‐based versus shame‐based cultures; suitability as punishment; use in contemporary society; and purpose and success as punishment. Shaming punishments have proved effective when used appropriately, that is, for select individuals; they have not been effective when applied indiscriminately.
Right to Counsel
Authors: Warnick Julie A.
Published: January 2014

The right to counsel is the constitutional right of a criminal defendant to be represented by an attorney (lawyer) during criminal court proceedings to ensure a fair trial as set forth in the Sixth Amendment of the US Constitution. The right to counsel pertains to the defendant's right to have counsel present at court proceedings and the right to have counsel appointed for indigent criminal defendants—those defendants who cannot afford to pay for their own legal representation.
Juveniles as Victims
Authors: Ménard Kim S.
Published: January 2014

Juveniles are subject to many types of victimization, from property crimes to assaults and homicides. However, because children are dependent on adult caretakers, they can also be the victims of crimes not commonly seen among adults (e.g., neglect). When juveniles are victimized by parents or guardians, this is frequently referred to as child abuse or intrafamilial victimization (e.g., physical abuse) and when they are victimized by acquaintances and strangers who do not have responsibility for the child's well‐being, this is referred to as extrafamilial victimization (e.g., theft). Regardless of who commits the offense, research finds that juvenile victims suffer a number of outcomes, including physical and mental health problems, and that those who are victimized are at greater risk of later revictimization and offending behavior. Historically, juveniles were hidden victims, because laws and culture condoned paternal “abuse.” However, technological development, media focus on child abuse, and tragic cases like the Columbine High School shootings have resulted in a new appreciation for the level of violence and crime experienced by young people. Further, they have brought about the development of policies to deal with the special needs of juvenile victims.
Foreign Language
Authors: Vargas Cencich Andrea
Published: January 2014

Safeguarding the rights of suspects, witnesses, and victims is of paramount importance in the American criminal justice system. Criminal procedure, which is the legal process that the police, prosecutors, and judges must follow, works to ensure the rights of all individuals involved in the criminal justice system are followed. This legal process comes principally from the Bill of Rights (constitutional law) as well as in the form of state and federal laws (statutory law). One area that is increasingly affecting the criminal legal process involves individuals who do not speak English fluently or who have limited English proficiency (LEP). In fact, the United States is currently experiencing one of the largest immigration periods in its history. Images of English‐speaking defendants or prisoners in Eastern Europe or Latin American countries are often depicted when penal systems and so‐called “foreigners” intersect, but such occurrences actually take place in the United States. This entry outlines how the many aspects of criminal procedure intersect with individuals who do not speak English or who have LEP.
Sixth Amendment
Authors: Choe Gretchen H.
Published: January 2014

The Sixth Amendment contains some of the most important rights guaranteed in the US Constitution due to the potential loss of liberty a defendant faces as a result of criminal prosecution. Some of those rights are well known, such as the right to a lawyer, while others are perhaps less familiar to the public. This entry summarizes the eight different guarantees provided in the Sixth Amendment.
Protection against Self‐Incrimination
Authors: Choe Gretchen H.
Published: January 2014

The privilege against self‐incrimination lies within the Fifth Amendment of the Constitution. It is a privilege that protects individuals from government coercion or compulsion in obtaining confessions related to criminal cases. The right to remain silent is one of the inviolable rights that apply to every criminal process, regardless of whether charges have been filed. However, there is no such privilege relating to certain evidence and types of questions that do not tend to elicit incriminating responses. This entry summarizes the situations in which the Fifth Amendment privilege against self‐incrimination does and does not apply.
Intensive Supervision Programs
Authors: Coto Guillermo A. , Sanchez Marcelina A.
Published: January 2014

Intensive supervision programs (ISPs) offer alternative solutions to incarceration while protecting the public. Currently ISPs for adult and juvenile offenders exist throughout the United States. Eligibility for an ISP is based on stringent standards which are established and monitored by each state. The main objective of ISPs is the monitoring of offenders in the community by specially trained officers, who provide intensive supervision that often includes home detention, electronic monitoring, counseling, education or employment, frequent contact visits, unscheduled home visits, surveillance, weekly office visits, and random drug and alcohol screenings.
Differential Association Theory
Authors: Kleckner Danielle R.
Published: January 2014

The theory of differential association, developed and authored by Edwin Sutherland, is a prominent criminological theory, rooted in sociology. Following Clifford Shaw and Henry McKay, Sutherland's observations encouraged him to build on their theory of social disorganization and expand the concept that individuals learn criminal behavior through the social organizations in which they are rooted or involved. While Sutherland concluded that there are two cultures in society, constantly competing with one another, his focus was on how an individual chooses which culture to be part of. In expressing his concept of “definitions,” Sutherland established that there are “definitions favorable to the violation of law” and “definitions unfavorable to the violation of law.” Whichever definitions exceed those of the other set, will determine which culture that individual will be most influenced by. Sutherland established nine propositions explaining his observation that criminal behavior is, in fact, learned. Through these propositions Sutherland established his theory of differential association.
Fines, Forfeiture, and Fees
Authors: Raquel I. Perez , Francis Vu
Published: January 2014

Fines, forfeitures, and fees are legal financial obligations (LFOs) imposed by courts to punish offenders. Research indicates LFOs pose many problems related to four issues: amount, enforcement, priority, and role of probation officers. Other issues discussed include laws and procedures of forfeiture, asset forfeiture, and justification of LFOs as punishment.
Fifth Amendment and Juveniles
Authors: Bellandi Rose
Published: January 2014

The Fifth Amendment offers a number of protections. One has the right to an indictment by a grand jury, protection from double jeopardy, due process of law where life, liberty or property are at stake, compensation if property is taken, and the protection against self‐incrimination. It is the protection from compelled self‐incrimination around which most of the discussion of juveniles and the Fifth Amendment is centered.
Competency to Stand Trial
Authors: K. Parker Stacy
Published: January 2014

Those accused of committing crimes have the constitutional right to a fair trial, which includes the ability to participate in their own defense. This competency requirement ensures that defendants are capable of understanding the proceedings and assisting their lawyers in preparing a defense. Trials cannot go forward against defendants until both of these requirements are met.
Gender
Authors: Brost Hoffman Gabrielle
Published: January 2014

Gender has been one of the most universally recognized covariates of crime and criminal activity. In the United States, crime is primarily a male activity. In general, males are likely to be arrested and convicted of crime more often than females. This gender gap is maintained in both violent and property crime; however, the gap is significantly larger for violent crime than property crime. Uniform Crime Reports routinely show that men commit crime at higher rates than females. This trend has held steady over time with males routinely having higher arrest rates than females. Male and female offending patterns continue to differ in types of crime committed and in victimization patterns. Several theories have examined the cause and correlations regarding gender differences in crime and the facets of female versus male perpetrated crime.
Policing Juveniles
Authors: Miller Jeaneé C.
Published: January 2014

The appropriate role of the criminal justice system with regard to juvenile offenders has been under scrutiny throughout much of history. The role of the police is specifically of interest, since an encounter with the police often signifies one's entry into the criminal justice system. This is true of both the juvenile and adult criminal justice systems; however, juveniles pose a unique challenge to police officers. They often have high levels of contact with patrol officers and they also tend to have more negative views of law enforcement than do adults. For this reason, it is important not to understate the significance of police encounters with juveniles and the arrest decision.
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arxist Criminology
Authors: Sharp Christopher
Published: January 2014

Karl Marx was influential in the “New Criminology” movement of the 1970s and 1980s, although he himself did not provide any specific theories regarding the causes of crime. During this time, there was a surge in research based on critical criminology perspectives. While this theoretical perspective has since fallen out of favor, researchers cannot dismiss the insights it yielded; insights, for example, into the impact that social structure, culturalization, and social class have on the formation of law and the distribution of power within society. Marx thoroughly discussed the marginalization of groups within society, and the way this is accomplished through the creation and enforcement of law and through the creation of specific institutions to further manage the marginalization of these groups. Although not comprehensive, this entry provides a glimpse into the formation of Marxist thought on societal structure and how it was used to critically analyze the structure of American society.
Jails
Authors: Edwards Cherie Dawson
Published: January 2014

Jails tend to be locally funded and operated facilities that house pretrial detainees as well as convicted offenders. People incarcerated in jails experience confinements that range from several hours to years. Jails described are first‐generation jails with linear supervision, second‐generation podular‐design jails with indirect supervision, and third‐generation podular‐design jails with direct supervision. Suicide is a serious problem for jail administrators; the suicide rate in jails is three times greater than the suicide rate of wider society.
Sheriff's Departments
Authors: Swindell Sam
Published: January 2014

The position of sheriff in the United States is unique among figures in the fields of crime and justice, and their departments vary across and within the several states. The sheriff's department carries out the functions of law enforcement, corrections, court services, and court security. It tends to have more unsworn personnel than other law enforcement agencies. Sheriffs are usually responsible for running jails, which provide both pretrial confinement and short‐term punitive sentences. Sheriffs are responsible for much of the rural law enforcement throughout the United States, and are almost universally elected officials.
Victims' Rights
Authors: Howley Susan , Dorris Carol
Published: January 2014

Every state, and the federal system, includes basic rights and protections for victims within its statutes. Victims' rights have significantly influenced the manner in which victims are treated within the federal, state, and local criminal justice systems. Along with statutory victims' rights, nearly two‐thirds of the states have amended their state constitutions to guarantee rights to crime victims. By adding victims' rights amendments to their constitutions, states increase the strength, permanence, and enforceability of those rights.
Cybercrime and Computer Crime
Authors: Bregant Jessica , Bregant Robert
Published: January 2014

The rapid rise of computers and computer networks in modern life has created new opportunities for criminal activity, and law enforcement has struggled to keep up. Computer and cyber crimes include not only unauthorized access, colloquially referred to as “hacking,” but also fraud and identity theft, industrial espionage, and general abuse of resources among others. Several common methods of committing computer and cyber crimes include the use of viruses, worms, keyloggers, phishing, skimming, and social engineering. Law enforcement challenges presented by computer and cyber crimes include technical limitations, underreporting, and national and international legal issues.
Rehabilitation for Juveniles
Authors: Raia Alicia , Hirschfield Paul
Published: January 2014

Juvenile rehabilitation entails addressing the perceived causes of delinquency based on individualized assessments of problems and needs. The juvenile justice system's mission is consonant with therapeutic jurisprudence, balancing its traditional rehabilitative aim with its contemporary emphases on public safety and accountability. This entry discusses the historical evolution of rehabilitation within juvenile justice. The due process revolution, the “get tough” movement, and fiscal constraints have shifted some resources away from rehabilitation, but programs that seek to rehabilitate juveniles retain widespread support among the public and juvenile justice professionals. Meta‐analyses of evidence‐based practices have shown that multi‐modal programs such as cognitive behavior therapy and counseling approaches such as multisystemic therapy can reduce delinquency in a cost‐effective manner.
Juvenile Detention
Authors: Raia Alicia
Published: January 2014

Juvenile detention, also known as “juvenile hall” or “juvie,” is the temporary placement of a minor in a physically restrictive environment while s/he awaits a hearing or another placement. Detention can also be used as a short‐term post‐adjudicatory placement, or as a temporary sanction for probation or parole violations. The Juvenile Justice and Delinquency Prevention Act of 1974 delimited legal grounds for detention in order to reduce arbitrary detention and the institutionalization of status offenders. With the primary aim of reducing disproportionate minority confinement, juvenile detention decisions are increasingly based on actuarial calculations of risk, using risk assessment instruments (RAIs) rather than subjective judgments. This entry describes various types of detention facilities, including both secure and nonsecure centers, the services provided to detained youth, the effects of detention on recidivism, and alternatives to detention.
Ancient Legal Traditions
Authors: Gomila Michael
Published: January 2014

Legal customs and rules for social organization began with the birth of humankind and continue to the present day. Early legal customs likely began with oral traditions and were later written into codified law. It is through the codification of law that the modern world can gather a glimpse into the thought processes and order that was created through the law for the ancient civilizations. The artifacts of legal customs of the Ancients have been uncovered from six primary civilizations that include: Egyptian, Sumerian, Judaic, Greek, Chinese, and Roman. These civilizations codified the earliest laws, and as a consequence, continue to lend many of the modern principles of law. The modern criminal justice system can only be understood by retracing the legal path lain by the Ancients.
Merton,Robert
Authors: Bush Michael
Published: January 2014

Robert King Merton is the best‐known American sociologist of the twentieth century. His theory of anomie is one of the most influential theories in the sociology of deviance. Merton's theoretical development of social structure and anomie and the individual modes of adaptation (conformity, innovation, ritualism, retreatism, and rebellion) continues to be studied and is widely cited by sociologists and criminologists as an important framework for understanding how individuals react to strain.
Diminished Capacity
Authors: Santos Kristin
Published: January 2014

This entry explains the meaning of “diminished capacity.” It discusses how diminished capacity relates to the elements necessary to commit a crime, specifically, the mens rea element. It explains how diminished capacity differs from the insanity defense and other affirmative defenses. It addresses the two main types of diminished capacity: one intended to fully negate mens rea and the other to partially negate mens rea, and explains how they are applied. It discusses related doctrines which work in a similar manner to diminished capacity. It then explains the subjective and objective models of criminal liability in reference to the role of diminished capacity. Finally, it discusses the flaws of and criticisms often directed toward diminished capacity.
USA Patriot Act
Authors: Wralstad Ulmschneider Georgia , Lutz James M.
Published: January 2014

The passage of the USA Patriot Act included enhanced penalties for violent actions, increased surveillance and investigation options for the government, and greater powers for the detention or exclusion of foreign nationals. The provisions that limited money laundering were amongst the least controversial elements. The enhanced border security and immigration procedures were also accepted by many. Greater debate occurred over the search and surveillance techniques incorporated into the Patriot Act. The Act also expanded the definition of terrorism to make it include a broader range of activities and groups. The Patriot Act has generated legal challenges to many of its provisions. The Act also raises questions about the traditional role of the judiciary in protecting individual rights.
Parental Responsibility for Juveniles' Acts
Authors: Brank Eve M. , Scott Leroy
Published: January 2014

Parental responsibility laws extend legal responsibility from the juvenile to the parents for the illegal actions of their minor children. Some forms place civil liability while other forms of the law place criminal liability. In general, the civil liabilities are limited and the criminal penalties are generally fairly minor, but there is some movement by lawmakers to increase civil liability and criminal penalties. In addition to imposing traditional criminal penalties such as fines and community service, many parental responsibility laws also require parents to attend parenting classes or other types of educational intervention. Every state in the United States has some form of these laws. Despite their ubiquity, empirical research is not prevalent. Most of the empirical research on the topic has focused on the public opinions concerning the laws. Other research has examined perceived enforcement of the laws. No research as of yet has tackled the effectiveness of the laws.
Halfway Houses
Authors: Conway Ayana , Jones Shanieka S.
Published: January 2014

Halfway houses that serve offender populations are community residences where adult or juvenile offenders live. Both for‐profit and not‐for‐profit halfway houses are designed to help offenders transition to mainstream society. Most facilities accommodate either males or females with specific needs, such as intensive supervision, counseling, short‐term residence, and assistance acquiring employment. Most residents in correctional halfway houses are satisfying conditions of probation, parole, or diversion. Some halfway house programs are designed to address specific treatment needs of offenders, for example, alcohol addiction, drug addiction, mental health problems, anger management, and vocational rehabilitation. Some halfway houses operate in conjunction with departments of correction; these often serve as work‐release centers or residences for offenders granted educational release.
Interrogations and Confessions
Authors: Davis Deborah , Leo Richard A.
Published: January 2014

False confession remains one of the most prominent causes of wrongful conviction of the innocent, affecting 14–60% of proven wrongful convictions. This phenomenon has raised several issues widely addressed by social scientists and legal scholars, most prominently, “Why do false confessions occur?” Scholars have addressed the history, social psychology, causes, characteristics, and consequences of interrogation‐induced false confessions, including popular police interrogation techniques, such as that developed by Reid. The scientific, or pseudoscientific, nature of interrogation training and techniques has also been studied.
Sex Offenders
Authors: McConnell John A.
Published: January 2014

This entry gives an overview of sex offenders in prison. It examines types of sentences sex offenders are serving, types of custody required for sex offenders, treatment programs for sex offenders, and recidivism rates of sex offenders.
Insanity Defense
Authors: Santos Kristin
Published: January 2014

An affirmative defense to criminal liability is the finding of not guilty by reason of insanity (NGRI). In the case of NGRI, a defendant participated in the crime of which they are accused and therefore met the actus reus, but because they did not meet the mens rea element due to their mental status, they cannot be held criminally responsible. There are four types of mental abnormality that can be considered, from a legal perspective, as acceptable for the insanity defense. These types, their history, and outcomes are explained in this entry.
Victimization, Theories of
Authors: Lin Wen‐Hsu
Published: January 2014

This entry discusses four theories of victimization: “cycle of violence,” general strain theory, lifestyle/routine activity theory, and low self‐control theory. The first two theories offer an explanation of how victimization influences and changes victims' lives and behavior; the latter two theories point out the risk factors of victimization. The entry also discusses the importance of future development in the theory of victimization.
Criminal Responsibility
Authors: Lukash Anastasiya
Published: January 2014

Criminal responsibility is a formal criterion for criminal liability and the government's reaction to the illegal behavior of individuals. Only a guilty person can be held criminally responsible. A defendant is criminally responsible if the state can prove that the defendant's behavior satisfied the definitional elements of the crime charged, and if a defense of justification or excuse cannot be established. All elements of a crime must be considered in making decision about criminal responsibility. Exception is a strict liability when mens rea is not required.
Parole and Parolees
Authors: Barfield‐Cottledge Tiffiney
Published: January 2014

Parole is the early release of prisoners from prison for re‐entry to society. Social and environmental characteristics of prisoners affect decisions to grant parole because these factors are related to successful reintegration to society. The structure of parole varies from one jurisdiction to another; however, some common features of parole include supervision, enforcement, counseling, and employment. Parole and parolees appear to be permanent fixtures in the American criminal justice system, even though some jurisdictions have abolished parole.
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aritime Piracy, History of
Authors: Reger W. M.
Published: January 2014

Maritime piracy is rooted in the earliest human occupation of the seas. Civilized societies, following Roman law, defined the pirate as the “common enemy of all” or the “enemy of all mankind,” and so, from early on, pirates and states have been natural enemies. Maritime piracy possessed a greater degree of organization, better equipment and information intelligence than other types of maritime crime, and involved participants from the poorest fishermen to the most powerful crime syndicates, warlords, and rogue military forces. It occurred in the interstices between states where authority was unwilling or unable to act against it, and was shaped by geography. Men became pirates because of poverty, misfortune, war, rebellion or patriotism, but also to protect, feed, or enrich their own communities. Historically, piracy has been characterized by a relatively high degree of social organization, characterized in some cases with better equipment, training, more focused motives, and rules and codes of behavior that could be strict and whose violation could bring severe punishment, especially for stealing and desertion. This entry discusses key details of piracy throughout history, from the Sea Peoples, a loose confederation of tribes who raided the late Bronze Age states of the eastern Mediterranean, to the pirates that operated in Ancient Greece and Rome, Europe, the Caribbean, and in Asia.
Elements of a Crime
Authors: Foster Michelle L.
Published: January 2014

In the area of criminal law there are specific elements of conduct that need to be shown to have existed at the time of an offense. If the prosecution is unable to prove beyond a reasonable doubt that the main elements occurred, then the defendant cannot be found guilty of the crime for which he or she has been charged. The main elements of a crime incorporate actus reus, mens rea, and concurrence between both actus reus and mens rea. Additional components of a crime include harm, causation, and attendant circumstances. Each of these elements are described in this entry.
Actus Reus
Authors: Foster Michelle L.
Published: January 2014

In the area of criminal law, defendants cannot be found guilty of a crime without the prosecution proving beyond a reasonable doubt the elements of criminal conduct. One of the elements of a crime includes the criminal act, known as actus reus. Actus reus means guilty act. Thoughts alone on the part of the individual are not illegal or criminal; there must also be a concurrent act.
Juvenile Justice and Delinquency Prevention Act
Authors: Moriarity Raquel
Published: January 2014

The Juvenile Justice and Delinquency Prevention Act was first enacted in 1974 with the goals of preventing and controlling juvenile delinquency by providing assistance to state and local governments. The Act strives to improve the juvenile justice system through four main provisions: (i) the deinstitutionalization of status offenders provision, (ii) separation provision, (iii) jail removal provision, and (iv) disproportionate minority contact provision. Since the inception of the Act it has been revised and reauthorized multiple times on the basis of continued research into the juvenile justice system and the evolution of juvenile justice practices.
Firearms
Authors: Kopacki Christopher G.
Published: January 2014

Firearms have been ingrained in the American culture since the beginning and were instrumental in the nation's expansion. They are a source of great fascination, intrigue, and debate. Firearms are one of the most distinguishing symbols of the police and criminals alike. Firearms are the weapons most often used during a homicide in the United States. Often referred to as the instrumentality effect, guns are more likely to produce death than other types of weapons. Much research has been conducted into firearm crime and violence. Many laws have been enacted to help control firearm crime. In turn, the police have participated in a number of proactive, community‐oriented initiatives to reduce gun violence.
Drug Use
Authors: Lutman Brandon , David Reitzel John
Published: January 2014

Drug abuse has become so deeply entrenched within the American cultural fabric and intertwined with American history that it currently stands as one of the most prominent domestic issues. Numerous studies show that the United States leads the world in the amount and types of drugs consumed while simultaneously spending billions of dollars each year combating both the illicit drug trade and treating drug abusers. By the 1970s, rising crime rates and drug use became a focal point for politicians. It is within this context that President Nixon addressed the drug issue in a well‐known speech in which he called drugs “public enemy number one.” Drug policies enacted since that time have focused on eradicating the drug trade. However, not only have they failed to have any significant impact on drug use or sales, they helped shepherd in an era of get tough criminal justice that led to severe prison overcrowding and a further expansion of the drug war.
Sentencing
Authors: Goulette Natalie
Published: January 2014

This entry on sentencing provides a review of past sentencing policy, comparing indeterminate and determinate sentencing systems to each other. Additionally, the prior literature examining race and sex‐based disparities and the influence of judicial characteristics on sentencing outcomes is reviewed. The relevant legal, case processing, and extralegal factors are reviewed. The entry concludes with a discussion of where the future in sentencing research lies.
Females in the Juvenile Justice System
Authors: Schall Victoria L.
Published: January 2014

Girls are a unique subpopulation of the juvenile justice system, and have a variety of gender‐specific needs and concerns that are not always addressed. Historically, girls have been treated significantly differently than boys, become involved with delinquency for different reasons, and are involved in different types of deviant behaviors.
Victim Advocacy
Authors: C. Gibbs Jennifer
Published: January 2014

Victim advocacy is an important service. Victim advocates help victims and survivors navigate through the criminal justice system (or inform them of the alternatives to the criminal justice process) and help connect victims and survivors with services available to assist them.
Life‐Course and Development Theories of Crime
Authors: Newsome Jamie
Published: January 2014

The life‐course perspective has emerged as a leading paradigm in criminology. Life‐course theories take a developmental approach and emphasize the importance of examining patterns of behavior in each stage of life to achieve a comprehensive understanding of involvement in crime. An individual's life comprises interconnected trajectories, or pathways, that extend across different developmental periods. Shifts from one state to another along a trajectory are known as transitions. Additionally, transitions can produce turning points in which the direction of one's trajectory is altered. Human development is considered a continual process, beginning at conception and continuing over the span of one's life. A variety of factors at each developmental stage of life can explain individual differences in behavior.
Civil Disobedience
Authors: J. DeValve Michael
Published: January 2014

Mohandas Gandhi defeated the most powerful empire of his time with a handful of salt. Enslaved by the British Empire for the better part of two centuries, the people of India were able to free themselves without resort to arms. Martin Luther King, Jr., along with James Lawson, John Lewis, and others, were able to claim for African Americans rights they had never enjoyed in America, but had been promised in the United States Constitution and elsewhere. Such things are possible through nonviolent civil disobedience. This entry will define civil disobedience, detail the lives of two practitioners of civil disobedience, offer current examples of the use of civil disobedience, and conclude with an enumeration of key concepts of civil disobedience.
Restitution
Authors: McConnell John A. , McConnell Elizabeth H.
Published: January 2014

Restitution refers to money or services provided by offenders to victims for losses or harms incurred by crimes. A popular intermediate sanction, restitution is also regarded as an act of atonement for offenders as it allows offenders to repair injustices and wrongs they have caused victims. Examples of victim losses for which restitution is made include medical expenses, mental health counseling, funeral costs, expenses to restore physical safety, lost or damaged property, lost wages, and travel expenses. Three problems discussed are indigent offenders, determining amounts of restitution, and collecting restitution.
Offender Classification
Authors: Carrera Rachel
Published: January 2014

An overview is given of offender classification, its definition, and external versus internal offender classification, clinical versus actuarial assessment, several actuarial assessment models, and advantages of offender assessment.
International Rates of Imprisonment
Authors: Okereke Godpower O.
Published: January 2014

Although the use of imprisonment as a criminal sanction is a universal practice, rates of imprisonment and size of prison populations vary widely around the world. This entry examines the rate of incarceration and number of prisoners globally and shows that both have continued to increase even though crime rates have either decreased or remained the same since 1980. The increases are most noticeable in the United States.
Common Law Justice Systems
Authors: Orrick David
Published: January 2014

This is an analysis of the common law approach to dispute resolution, including the criminal law. From an historical starting point, it outlines the development of the model, with references to those places in the world where it is being used.
Female Genital Mutilation
Authors: Joseph Janice
Published: January 2014

The issue of female genital mutilation (FGM) has attracted considerable attention in the past several decades. It is one of the worst forms of violence against females that affects the physical and psychological well‐being of the victims. It is an international issue that involves several continents. This entry discusses FGM, focusing on the nature and extent of the problem, as well as the response to this traditional practice.
Hoover, J. Edgar
Authors: Calder James D.
Published: January 2014

J. Edgar Hoover was synonymous with American law enforcement in the twentieth century. A self‐made man and long‐serving federal employee, Hoover rose from clerk in the Justice Department to director of the Federal Bureau of Investigation. Most recognized for his high standards of personal and professional integrity, he implemented a range of innovations and principles that set new marks of excellence in policing. Never short of controversies surrounding the work of his beloved FBI, Hoover died in May 1972.
Pretrial Service Agencies
Authors: Clark John
Published: January 2014

The first pretrial services agency in the United States was established in 1961 in New York City to facilitate the pretrial release of defendants who were too poor to afford their bail bonds. Based on the success of that effort, pretrial service agencies began operation in other counties across the country. The mission of these agencies, however, shifted during the 1970s away from targeting just indigent defendants to providing information and options to the court in all cases. This entry describes the six core functions of pretrial service agencies, as developed through national standards and best practices.
Intelligence‐led Policing
Authors: Rush Jeffrey , Pace Rush Deborah
Published: January 2014

In recent years, many new models of policing have emerged which attempt to employ proactive, rather than merely reactive, measures for confronting crime and threats to safety. One such model is intelligence‐led policing (ILP), which attempts to view crime problems through a holistic and objective lens.
Identity Theft
Authors: Ende Jacob Vander
Published: January 2014

Identity theft is the unauthorized use of personal details in order to impersonate someone, usually for the purposes of defamation or fraud. The actual term “identity theft” dates back to a 1991 article in the
Boston Globe
, though the act of stealing another's identity for unlawful purposes goes back at least to 1966, when a man impersonated another in order to fraudulently enlist in the military. Today, identity theft is a fairly inclusive category of white‐collar crime, including numerous areas of fraudulent activity.