bluuebunny/crossref_metadata_2025_split huggingface dataset:
Suspended Sentence
Authors: Ann Sparks Kimberly , Hill Brianne A. 
Published: January 2014

AbstractSuspended 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

AbstractThe 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

AbstractThe 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.
Shaming Punishments
Authors: Goswami Shanta 
Published: January 2014

AbstractThis 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

AbstractThe 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

Abstract
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

AbstractSafeguarding 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.
Protection against Self‐Incrimination
Authors: Choe Gretchen H. 
Published: January 2014

AbstractThe 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

Abstract
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

Abstract
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

Abstract
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

AbstractThe 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.
Gender
Authors: Brost Hoffman Gabrielle 
Published: January 2014

AbstractGender 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

Abstract
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.
M
arxist Criminology
Authors: Sharp Christopher 
Published: January 2014

Abstract
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

Abstract
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

Abstract
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

AbstractEvery 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.
Rehabilitation for Juveniles
Authors: Raia Alicia , Hirschfield Paul 
Published: January 2014

AbstractJuvenile 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

AbstractJuvenile 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

AbstractLegal 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

AbstractRobert 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

AbstractThis 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

AbstractThe 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

AbstractParental 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

AbstractHalfway 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

AbstractFalse 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.
Insanity Defense
Authors: Santos Kristin 
Published: January 2014

Abstract
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

Abstract
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

Abstract
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.