Definitions
There are some unusual terms you’ll come across in the
area of crime and punishment, corrections, rehabilitation, and
related topics. There are also some common terms that are frequently
misused. This is just a short list of those that I’ve found
are often misunderstood. If there are others you’d like
to see added, please let me know.
Disclaimer: I can’t guarantee that every definition I
give you here is complete and precise or applicable in any state.
If you need to be absolutely sure about any particular word or
phrase, it would be advisable to ask an attorney or law librarian.
P.K.F.
FORENSIC
No no no no! This usually has nothing to do with dead bodies or
bits and pieces of dead bodies, although that’s what many
TV shows would make you believe: One detective says to another “Let’s
look at the forensic evidence.” Any evidence in a legal context
is forensic.
That’s because the definition of “forensic” simply
means that something may be used in a legal proceeding. For sure
there are forensic pathologists; they’re the ones who get to deal
with the gory stuff. But there are also forensic psychologists
(me, for example), forensic psychiatrists, forensic engineers,
forensic cryptographers, and even forensic accountants. In fact,
it was the work of a forensic accountant that put Al Capone away!
DISTRICT ATTORNEY, STATES ATTORNEY, COUNTY ATTORNEY, PEOPLE’S
ATTORNEY
These are titles used in different states, with really the same
definition: An elected official whose duties include prosecution
of criminal cases. In most trials, the prosecutor is actually an
assistant, not the elected official directly. In Illinois, where I’ve done so much work with the courts, one might say “states’ attorney” (that’s what they’re called in Illinois) as a kind of shorthand, when one really means the individual prosecutor assigned to a case.
FELONY
You could say that this refers to a “real” crime,
something for which a person could be sentenced to a penitentiary.
The felony definition varies from one jurisdiction to another,
and obviously there are many levels of felony, some that usually
draw only probation the first time around and no more than a year
or two at most, up to those carrying a possible sentence to death
or life without the possibility of parole. Fines are also sometimes
imposed.
Attorneys frequently work to get a felony charge reduced to one
that meets a misdemeanor definition, say from robbery to theft
under a small amount, or aggravated battery to simple battery.
There are a number of reasons for this. It’s a felony conviction
that most “brands” a person. It’s a felony conviction
that:
- counts toward those “three strikes and you’re
out” rules
- prevents a person from working as a police officer
- almost always results in deportation of a non-citizen
- requires forfeiture of many professional licenses, for example,
as a psychologist or physician
- in some states actually makes the individual inelligible to
vote, ever
among many other undesirable results. Having a police record of
any kind can be a problem, but being a “convicted felon” can
be a much bigger problem.
MISDEMEANOR
Well, the simplest misdemeanor definition is “a crime that
isn’t a felony.” To the best of my knowledge, a misdemeanor
conviction never results directly in a sentence to a state (or
federal) penitentiary. Thefts of small amounts, simple battery,
assault, disorderly conduct, soliciting the services of a prostitute,
illegal gambling, are examples or crimes that are usually misdemeanors.
For a misdemeanor conviction, a judge can impose probation, supervision,
a fine, community service, and jail, in some cases up to a year.
PROBATION, PAROLE, SUPERVISION
All of these are called forms of conditional release. You ain’t
in jail, but you ain’t off the hook! Any of them can have
special conditions attached, for example, getting mental health
services or making restitution to someone. Regular reporting in
person or by mail is always a condition of probation or parole.
Probation is a sentence given instead of incarceration. Parole is the
conditional release of someone who had been sent to a penitentiary,
who is released before the completion of the sentence. Taking Illinois
as an example, supervision is similar to probation, but if the individual
completes the period of supervision satisfactorily, there is no permanent
record of the conviction. It’s an option for misdemeanors only,
not felonies.
AGE OF CONSENT
 This is the age at which the law considers the individual capable
of making an independent decision about his or her sexual activities.
Having sex with someone under the age of consent is a crime for
the adult, and the minor also commits an offense by agreeing. The
popular name is “statutory rape.” The age of consent
varies from state to state, but it’s never older than 18.
Other advanced nations generally consider our age of consent laws
as unrealistic and impractical.
How serious an offense it is to have sex with a minor depends
on the age of the minor, the age of the adult, the actual sexual
activity engaged in, and other factors.
JAIL, PRISON, PENITENTIARY, ETC.
A jail, as you probably know, is where people are held before
trial or to serve a misdemeanor sentence. There are city jails
and county jails. A penitentiary is a state or federal facility
for those who have been sentenced in a felony case. Defendants
awaiting trial in federal criminal cases, however, may be held
in the same facility as those who are serving out sentences, or
in the county jail, which receives compensation for their keep.
Although most people think of the word prison as meaning only a
penitentiary, technically any institution that keeps people incarerated
is a prison. It’s typically only high-security federal or
state facilities that are called penitentiaries. Low- and medium-security
facilities are more likely to have another name, such as “correctional
center.”
Correctional boot camps, which you’ve heard a lot about
in recent years, are institutions run by local governments for
some people, usually young offenders, to serve out sentences with
rigorous training in self-discipline. There are a few places such
as prison farms that are locally run, involving strict conditions,
for serving out of sentences, usually not limited to young offenders.
INMATES, PRISONERS AND DETAINEES
Simple differences: Someone who's locked up while waiting for trial is a detainee, and someone who's serving a sentence is a prisoner. Both are inmates
PUBLIC DEFENDER
A public defender, P.D. for short, is an elected or appointed
attorney responsible for defending those who cannot afford a private
attorney. Similar to the situation with prosecutors, the defense
attorney is much more likely to be an assistant public defender,
although he or she will probably be called a P.D. in casual conversations.
VOIR DIRE
Even most attorneys don’t use this term
much, and you have to either be French or
have something stuck in your throat to pronounce
it properly! It’s something like “VWAH(r) DEE(r).” That’s
the process of the prosecution and defense challenging the eligibility
of jurors based on their professions, experiences, attitudes, education,
etc. A juror who’s recently been a crime victim is likely
to be challenged successfully, as would one who personally knows
the defendant or a victim. All else being equal, the defense would
like jurors wearing “Power to the People” T-shirts,
and the prosecution wishes they were all wearing “Resist
Evil” buttons.
HABEUS CORPUS
This is Latin, meaning “you may have the body,” but
the body it refers to is alive. A habeus corpus is most often used
to obtain the release of someone being held by the police. As I
understand it, presentation of a habeus corpus doesn’t guarantee
that the person will be released immediately. The police have the
option of going before the judge to show “just cause” for
continued custody.
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We confuse fear of the police with respect for the
law. Our standards for hiring, training and disciplining
police officers are too lax. Too many of them (although still a
minority) are models of criminal thinking and behavior who actually
diminish respect for the law.
Put young offenders in responsible citizenship classes. This can
be self-supporting with fees paid by the offender or his or her
family, with provisions for those who cannot afford to pay anything.
Don’t let them laugh off and brag about that first arrest!
Too much trouble? Think about how much more trouble it is to
arrest,
try, and incarcerate many of those same young offenders a few years
down the road.
Need a speaker for an offender audience?