Terminology:
capital punishment: the state-sanctioned practice of killing a person as a punishment for a crime, usually following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital (lit. "of the head", derived via the Latin capitalis from caput, "head") refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.
Crimes that are punishable by death are known as capital crimes, capital offences, or capital felonies, and vary depending on the jurisdiction, but commonly include serious crimes against the person, such as murder, mass murder, aggravated cases of rape (often including child sexual abuse), terrorism, aircraft hijacking, war crimes, crimes against humanity, and genocide, along with crimes against the state such as attempting to overthrow government, treason, espionage, sedition, and piracy. Also, in some cases, acts of recidivism, aggravated robbery, and kidnapping, in addition to drug trafficking, drug dealing, and drug possession, are capital crimes or enhancements.
castle doctrine: a legal doctrine that designates a person's abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free from legal prosecution for the consequences of the force used. The term is most commonly used in the United States, though many other countries invoke comparable principles in their laws.
incapacitation: in the context of criminal sentencing philosophy is one of the functions of punishment. It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes. Incarceration, as the primary mechanism for incapacitation, is also used as to try to deter future offending.
Incapacitation is used primarily to protect the public from offenders who are seen as sufficiently dangerous that they need to be removed from society for a period of time, which is achieved usually by sending the offender to prison (incarceration).
incarceration rate: A nation’s rate of incarceration is the number of people incarcerated as a proportion of its total population. Internationally, there is broad variation in the degree to which nations incarcerate their citizens, with a nearly 40-fold difference between the highest and lowest rates. The incarceration rate is often interpreted as a measurement of the degree of punitiveness in a society, although it is an imperfect measurement.
indigent defense: The Sixth Amendment to the U.S. Constitution sets forth the right to counsel in federal criminal prosecutions. Through a series of decisions by the U.S. Supreme Court, the right to counsel has been extended to all criminal prosecutions—state or federal, felony or misdemeanor—that carry a sentence of imprisonment.
States and localities ensure defendants can access indigent defense—criminal defense services for those persons who cannot afford to pay for their own lawyer—through several different methods, including
- public defender programs
- assigned counsel programs
- contract attorneys.
just deserts: It is suggested that of the four reasons (reform, deterrence, incapacitation, and retribution) given for punishment, only retribution can provide the basis for a theory of just punishment. The retributist approach holds that punishment is just because it is deserved: punishment for disobeying a law helps assure obedience and reestablishes the balance between the benefits and burdens of obeying the law that was disturbed by the criminal act. The principle of just deserts requires the punishment to be proportioned to the unfair advantage the offender has taken by lawbreaking.
loser pay law: In general, “Loser Pay Rule” means that the party who loses in litigation, whether plaintiff or defendant, is responsible for the prevailing side’s attorneys fees. This is often called the English Rule because it is generally followed in United Kingdom courts. However, the Texas legislation is not so broad based and can be broken down into several specific categories.
plain sight doctrine: a rule of criminal procedure which allows an officer to seize evidence of a crime without a warrant when the evidence is clearly visible. This doctrine acts as an exception to the Fourth Amendment’s right to be free from searches without a warrant. Also referred to as clear-view doctrine or plain sight rule.
private prison: a place where people are imprisoned by a third party that is contracted by a government agency. Private prison companies typically enter into contractual agreements with governments that commit prisoners and then pay a per diem or monthly rate, either for each prisoner in the facility, or for each place available, whether occupied or not. Such contracts may be for the operation only of a facility, or for design, construction and operation.
probable cause: a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant. Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search). Under exigent circumstances, probable cause can also justify a warrantless search or seizure. Persons arrested without a warrant are required to be brought before a competent authority shortly after the arrest for a prompt judicial determination of probable cause.
recidivism: the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior. It is also used to refer to the percentage of former prisoners who are rearrested for a similar offense.
The term is frequently used in conjunction with criminal behavior and substance abuse. Recidivism is a synonym for "relapse", which is more commonly used in medicine and in the disease model of addiction.
rehabilitation: programs are designed to reduce recidivism among adults who have been convicted of an offense by improving their behaviors, skills, mental health, social functioning, and access to education and employment. They may become participants in rehabilitation programs during multiple points in their involvement with the criminal justice system, and programs are typically provided in conjunction with some form of sanction (e.g., incarceration or probation). Therefore, most programs are delivered within correctional settings while the person completes his or her sentence, or in community settings following the their release (i.e., probation or parole-based programs).
restorative justice: Restorative justice seeks to examine the harmful impact of a crime and then determines what can be done to repair that harm while holding the person who caused it accountable for his or her actions. Accountability for the offender means accepting responsibility and acting to repair the harm done. Outcomes seek to both repair the harm and address the reasons for the offense, while reducing the likelihood of re-offense. Rather than focusing on the punishment meted out, restorative justice measures results by how successfully the harm is repaired.
retribution: a legal punishment that requires the offender to receive a punishment for a crime proportional and similar to its offense. As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards. Retributive justice contrasts with other purposes of punishment such as deterrence (prevention of future crimes) and rehabilitation of the offender.
tort: a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.
