
Legal
Terms
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Acquittal
Attorney General
Alibi
Adipocere
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Blood
Bridewell
Burden of Proof
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Captial Punishment
Circuit
Coroner
Confession
Criminal Law
Crown Prosecution
Service
Corporal Punishment
Circumstantial Evidence
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Diminished Responsibility
Detention
Dissection
Death
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Exhumation
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Fingerprints
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Guilty
Gestapo
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Hearsay Evidence
Homicide
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Inquest
Interpol Organisation
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Jury System
Juvenile Delinquency
Justifiable Homicide
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Law Lords
Law Courts
Lie Detector
Lord Advocate
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Magistrates Court
Mafia
Manslaughter
Motive
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Necropsy
New Scotland Yard
Not Proven
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Old Bailey
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Parole
Police
Prison
Procurator Fiscal
Post Mortem
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Remand Prison
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Sentence
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Treasury Counsel
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Witness
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Acquittal
In law, the setting free of someone charged with a crime after a
trial.
In English courts it follows a verdict of ‘not guilty’ but in Scotland
the verdict may be either ‘not guilty’ or ‘not proven’. Acquittal by
the
jury must be confirmed by the judge. An example of an acquittal is in
the
case of Lizzie Borden. Even though the evidence seemed to suggest
that she was guilty of the murder with an axe of both her parents she
was
found not guilty and acquitted. One theory for this outcome was
that
the members of the jury would not believe that a churchgoing middle
class
woman could be capable of such a crime regardless of what the evidence
said.
Attorney General
Principal law officer. In the UK, principal law officer of the crown
and head of the English Bar; the post is one of great political
importance.
In the USA, it is the chief law officer of the government and head of
the
Department of Justice.
In England, Wales, and Northern Ireland, the consent of the Attorney
General is required for bringing certain criminal proceedings where
offences
against the state or public order are at issue.
Under the Criminal Justice Act 1988, Cases can be referred to the Court
of Appeal by the Attorney General if it appears that the sentencing of
a person convicted of a serious offence has been unduly lenient.
Alibi
This is a latin word which simply means 'elsewhere'. When someone is
suspected
of committing a crime in order to be able to prove his innocence he
will
have to give an Alibi. He must show that he could not
possibly
have committed this crime because he was elsewhere at the time.
The
more accuratly the Pathologist can determine the time of death the more
precise the Alibi needs to be. In Britain it can usually only be
used as a defence in a Crown Court trial if the prosecution is supplied
with details before the trial.
Adipocere
This spongy substance is where the body’s natural fats solidify into a
yellowy wax like substance. It is usually the result of the body
being kept immersed in water or in very damp conditions for several
months.
It is caused by a reaction to the water which turns the body fats into
fatty acids. It is a rare condition and normally only affects the
fattier parts of the body such as the thighs or buttocks.
In a murder case in Scotland to be known as the Hopetoun Quarry case
the presence of adipocere was particulary helpful in solving the
case. It all happened on a winters evening in November 1911,
Patrick
Higgins who was a labourer found himself looking after his two children
alone after his wife had died the year before. The fact that they
were a burden to him was no secret but no-one would have suspected what
he would do. He arrived in the local bar without the children on
this night and when asked where they were he explained that he had been
in to Edinburgh and had met two young ladies who had offered to take
and
look after the children. He simply said that the boys would be
much
better off in their new home. Nothing more was seen or heard of
the
two boys William and John.
It was more than eighteen months later that an object was seen floating
in the local quarry. The quarry was disused and was constantly
flooded.
When the object was fished from the water they could see it was a small
body. As they landed the body they were shocked to see another
body
attached by a peice of rope. The bodies still retained there
basic
shape even though they were badly decomposed and it later was confirmed
that the bodies had almost entirely turned into adipocere.
The post mortem was carried out by Professor Harvey Littlejohn.
Although
the bodies had been in the water for nearly two years the stomach
contents
had been preserved so well that they were able to tell that the little
boys had eaten a meal of Scotch broth about an hour before they
were
murdered. From laundry marks on their clothes the police were
able
to track down a lady who confirmed that she had given soup to John and
William Higgins on the last day they were seen in the village.
The
police soon arrested Patrick Higgins and charged him with the murder of
his own two children.
It took the jury one hour and twenty five minutes to return a verdict
of guilty with a plea for mercy as so much time had passed since the
murders
had taken place. The judge at the trial, Lord Johnston did not
feel
as lenient as the jury and placing the black cap on his head he
sentenced
Higgins to death. Higgins showed no emotion as he was led below
to
the cells. On the 2 October 1913 the official Hangman John Ellis
was ready to see that the sentence as passed by the court was correctly
carried out.
Blood
Liquid circulating in the arteries, veins, and capillaries of
vertebrate
animals; the term also refers to the corresponding fluid in those
invertebrates
that possess a closed circulatory system .
Blood carries nutrients and oxygen to individual cells and removes
waste products, such as carbon dioxide. It is also important in the
immune
response and, in many animals, in the distribution of heat
throughout
the body.
In humans it makes up 5% of the body weight, occupying a volume of
5.5 l/10 pt in the average adult. It consists of a colourless,
transparent
liquid called plasma, containing microscopic cells of three main
varieties.
Red cells (erythrocytes) form nearly half the volume of the blood,
with 5 billion cells per litre.
Their red colour is caused by haemoglobin . White cells (leucocytes)
are of various kinds. Some (phagocytes) ingest invading bacteria and so
protect the body from disease; these also help to repair injured
tIssues.
Others (lymphocytes) produce antibodies, which help provide immunity.
Blood platelets (thrombocytes) assist in the clotting of blood. Blood
cells
constantly wear out and die, and are replaced from the bone
marrow.
Dissolved in the plasma are salts, proteins, sugars, fats, hormones,
and fibrinogen, which are transported around the body, the last
having
a role in clotting.
Bridewell
Jail or house of correction. The word comes from the royal palace of
Bridewell, built 1522 by Henry VIII. In 1555 it was converted to a type
of prison where the sturdy and idle as well as certain petty criminals
were made to labour. Various other towns set up their own institutions
following the same regime.
Bridewells provided a means of keeping some paupers and petty offenders
away from society. By the late 16th century, they were almost all
replaced
by houses of correction, though the term continued to be used
interchangeably.
By the 17th century, both bridewells and houses of correction had
become
places of straight imprisonment with no space allotted to labour.
The term Bridewell is still used today, for example the courts in
Bristol
are call the Bridewell.
Burden of Proof
In court proceedings, the duty of a party to produce sufficient
evidence
to prove that his case is true.
In English and US law a higher standard of proof is required in
criminal
cases (beyond all reasonable doubt), than in civil cases (on the
balance
of probabilities). A typical example of this would be in
the
case of O J Simpson. He was tried for murder and found not guilty
as the prosecution were unable to prove beyond all reasonable doubt
that
he did in fact commit murder.
Almost as soon as that case was complete he was the subject of a civil
case. This case is not about prison but about money and
compensation.
This time they needed to prove that he probably did it and the jury can
be split as much as 9 - 3.
Capital Punishment
This means Punishment by death. Capital punishment was abolished in
the UK 1965 for all crimes except treason, In 1990 it was still
used
in 92 countries and territories,this included the USA where it is still
used in 37 states, and China, and most Islamic countries.
Methods
of execution include the following :-
Electrocution
Lethal Gas
Hanging
Shooting
Lethal Injection
Garrotting
Decapitation.
Portugal was the first country in Europe to abolish the death penalty
in 1867. In the USA in 1972 the Supreme Court declared capital
punishment
unconstitutional 1972 but then in 1976 decided that this was not
the case in all circumstances. It was therefore reintroduced
in
some states, and in 1990 there were over 2,000 prisoners on death
row in the USA.
In Britain at the end of the 18th century the number of crimes for
which you could be put to death stood at over 200. In 1866
it was abolished for all crimes except murder, treason, piracy, and
certain
arson attacks. Prior to 1866 the punishment would have been a
public
hanging. In 1965 capital punishment for murder was finally
abolished.
Many countries use capital punishment for crimes other than murder,
including corruption and theft (USSR) and drug offences (Malaysia
and
elsewhere). In South Africa, over 1,500 death sentences were passed
1978-1987.
There were 1,500 executions in China 1983-89, and 64 in
the USSR 1985-88, although the true figure May be higher in both
Cases. In 1989 the number of capital offences in the USSR was
reduced
to six.
The International Covenant on Civil and Political Rights 1977
ruled out imposition of the death penalty on those under the age
of 18.
The Covenant was signed by President Carter on behalf of the
USA, but in 1989 the US Supreme Court decided that it could be
imposed
from the age of 16 for murder, and that the mentally retarded
could
also face the death penalty.
Capital Punishment, legal infliction of the death penalty; in modern
law, corporal punishment in its most severe form. Lynching, in contrast
to capital punishment, is the unauthorized, illegal use of death as a
punishment.
The usual alternative to the death penalty is long-term or life
imprisonment.
Circuit
In law, the geographic district that constitutes a particular area
of jurisdiction.
In the USA the Court of Appeals sits in ten judicial areas or circuits
- Hence circuit courts - And Washington DC.
In England and Wales the six different centres to which High Court
and circuit judges travel to try civil and criminal cases are: Midland
and Oxford, Northeastern, Northern, Southeastern, Wales and Chester,
and
Western.
Confession
In law, a criminal's admission of guilt. Since false confessions May
be elicited by intimidation or ill treatment of the accused, the
validity
of confession in a court of law varies from one legal system to
another.
For example, in England and Wales a confession, without confirmatory
evidence,
is sufficient to convict; in Scotland it is not.
In the USA a confession that is shown to be coerced does not void a
conviction as long as it is supported by independent evidence. In
England
and Wales the jury should be told that the weight to be attached to
confession
depends on all the circumstances in which the confession was made.
Special
rules apply if the accused is mentally handicapped.
The court also has discretionary powers to exclude a confession, for
example, where the police have broken the rules regarding the
questioning
or treatment of suspects.
Confessions obtained by coercion have in the past led to wrongful
imprisonment of, for example the Birmingham six.
Coroner
Official who investigates the deaths of persons who have died
suddenly
by acts of violence or under suspicious
circumstances, by holding an inquest or ordering a postmortem
examination
(autopsy).
Coroners may also inquire into instances of treasure trove . The
coroner's
court aims not to establish liability but to find out how, where, and
why
the death occurred. A coroner must be a barrister, solicitor, or
medical
practitioner with at least five years professional service.
In Scotland similar duties are performed by the procurator fiscal.
In the USA coroners are usually elected by the voters of the county.
Coroner's courts have been criticized as autocratic since the coroner
alone decides which witnesses should be called and legal aid is not
available
for representation in a coroner's court. Nor may any of the parties
make
a closing speech to the jury.
Crown Prosecution Service
Body established by the Prosecution of Offences Act 1985, responsible
for prosecuting all criminal offences in England and Wales.
It is headed by the Director of Public Prosecutions (DPP), and brings
England and Wales in line with Scotland (see procurator, fiscal) in
having
a prosecution service independent of the police. In most cases the
decision
to prosecute is made on the basis of evidence presented by the police
to
local crown prosecutors in each of 43 police authority areas.
Before the 1985 act, the DPP took action (under the guidance of the
attorney general) only in cases of special difficulty or importance.
Corporal Punishment
Physical punishment of wrongdoers - For example, by whipping. It is
still used as a punishment for criminals in many countries, especially
under Islamic law.
Corporal punishment of children by parents is illegal in some
countries,
including Sweden, Finland, Denmark, and Norway.
It was abolished as a punishment for criminals in Britain 1967 but
only became illegal for punishing schoo lchildren in state schools
1986.
Circumstantial Evidence
This sort of evidence has a rather bad name. It is not factual and a
conviction
that is obtained purely on this alone would not be a very safe one.
Most murder cases as indeed with all crimes are built on direct
evidence and eye witness accounts. They can then be padded out with
circumstantial
evidence.
A good example of this kind of evidence is the footprint in the sand
seen by Robinson Crusoe from which he inferred that there was
someone
else on the island.
Diminished Responsibility
Where a person kills or is a party to the killing of another, he shall
not be convicted of murder if he was suffering from such abnormality of
mind (whether arising from a condition of arrested or retarded
development
of mind or any inherent causes or induced by disease or injury) as
substantially
impaired his mental responsibility for his acts and omissions in doing
or being a party to the killing. If this is accepted then the
effect
is to reduce the crime from one of murder to one of manslaughter.
Criminal Law
Body of law that defines the public wrongs (crimes) that are punishable
by the state and establishes methods
of
prosecution and punishment. It is distinct from civil law , which deals
with legal relationships between individuals (including organizations),
such as contract law.
The laws of each country specify what actions or omissions are
criminal.
These include serious moral wrongs, such as murder; wrongs that
endanger
the security of the state, such as treason; wrongs that disrupt an
orderly
society, such as evading taxes; and wrongs against the community, such
as dropping litter.
An action may be considered a crime in one country but not in others,
such as homosexuality or drinking alcohol.
Some actions such as assault, are both criminal and civil wrongs; the
offender can be both prosecuted and sued
for
compensation.
In England and Wales crimes are either: indictable offences (serious
offences triable by judge and jury in a crown court); summary offences
dealt with in magistrates courts; or hybrid offences tried in either
kind
of court according to the seriousness of the case and the wishes of the
defendant.
Crown courts have power to punish more severely those found guilty
than a magistrates’ court. Punishments include imprisonment, fines,
suspended
terms of imprisonment (which only come into operation if the offender
is
guilty of further offences during a specified period), probation, and
community
service.
Overcrowding in prisons and the cost of imprisonment have led to recent
experiments with noncustodial sentences such as electronic tags fixed
to
the body to reinforce curfew orders on convicted criminals in the
community.
The total cost of criminal justice services for England and Wales was
a billion in 1990, an increase of 77% in real terms from 1980.
Death
Permanent ending of all the functions that keep an organism alive.
Death used to be pronounced when a person's breathing and
heartbeat
stopped.
The advent of mechanical aids has made this point sometimes difficult
to determine, and in controversial cases a person is now pronounced
dead
when the brain ceases to control the vital functions even if breath and
heartbeat are maintained.
Detention
In law, depriving a person of liberty following arrest.
In England and Wales, the Police and Criminal Evidence Act 1984
established
a wide-ranging statutory framework
for the regime of detention.
Limitations were placed on the length of time that suspects may be
held in custody by the police without being charged (to a maximum of 96
hours) and systems of recordkeeping and supervision by designated
‘custody
officers’ were introduced.
Dissection
Cutting apart of bodies to study their organization. This was
considered
a crime in parts of the world in the Middle Ages.
In the UK before 1832, hanged murderers were the only legal source
of bodies, supplemented by graverobbing (Burke and Hare were the most
notorious
grave robbers).
The Anatomy Act 1832 authorized the use of deceased institutionalized
people unclaimed by next of kin, and by the 1940s bequests of
bodies
had been introduced.
Exhumation
Although not a very nice idea it is a procedure that has caught out
many
murderers. Forensic Science has progressed greatly over the years and
it
is now possible to detect substances in the body months and in some
Cases
years after death. A good example of this is with Arsenic.
This substance can actually have a preserving effect on a dead body.
in several murder Cases where a second suspicious death has occurred
the
first body has been dug up for a closer examination. traces of Arsenic
can remain in the body for years. The only sure way of disposing
of a body with no chance of further examination is of course cremation
Fingerprints
Ridge pattern of the skin on a persons fingertips, this is constant
through
life and no two are exactly the same.
Fingerprinting was first used as a means of identifying crime
suspects in India, and was adopted by the English police in
1901.
It is now widely employed in police and in security work
Guilty
In order to find someone guilty of a crime it is not enough to think
they
did it the law requires that you believe them to be guilty beyond all
reasonable
doubt. If you do not then the law states that you must find them
not guilty.
Gestapo
(Contraction of Geheime Staatspolizei) Nazi Germany's secret police,
formed 1933, and under the direction of Heinrich Himmler from
1936.
The Gestapo used torture and terrorism to stamp out anti-Nazi
resistance.
It was declared a criminal organization at the Nuremberg Trials 1946.
Homicide
Homicide, in criminal law, killing of a human being by the act,
procurement,
or negligence of another. Homicide is a generic term, comprehending not
only the crimes of murder and manslaughter but also the taking of a
human
life under circumstances justifying the act or in a sense excusing its
commission. Thus, the killing of an enemy on the battlefield as an act
of war is considered justifiable homicide, and killing, without malice,
to save one's own life or the lives of one's dependents is termed
excusable
homicide. The penalties for unlawful homicide vary from state to state
and range from the death sentence to various terms of imprisonment.
Hearsay Evidence
Evidence given by a witness based on information passed to that person
by others rather than evidence experienced at first hand by the
witness.
It is usually not admissible as evidence in criminal proceedings.
Hearsay is widely admissible in civil proceedings under the provisions
of the Criminal Evidence Act 1968. In English law, however, the
Children
(Admissibility of Hearsay Evidence) Order 1990 permits hearsay evidence
in civil cases connected with the upbringing, maintenance, or welfare
of
children; in criminal cases, such as child abuse , initial videotape of
an
interview is admissable as evidence but only if the child attends court
to be cross examined.
Inquest
Inquiry held by a coroner into an unexplained death. At an inquest, a
coroner
is assisted by a jury of between 7 and 11 people.
Evidence is on oath, and medical and other witnesses may be summoned.
Interpol Organization
Agency founded following the Second International Judicial Police
Conference
1923 with its headquarters in Vienna, and reconstituted after World War
II with its headquarters in Paris.
It has an international criminal register, fingerprint file, and
methods
index.
Jury System
Body of lay people (usually 12) sworn to decide the facts of
a case and reach a verdict in a court of law. Juries, used mainly
in English-speaking countries, are implemented primarily in
criminal
cases, but also sometimes in civil cases; for example, inquests
and
libel trials.
The British jury derived from Germanic custom. It was introduced into
England by the Normans. Originally it was a body of
neighbours
who gave their opinion on the basis of being familiar with the
protagonists
and background of a case. Eventually it developed into an impartial
panel,
giving a verdict based solely on evidence heard in court.
The
jury’s duty is to decide the facts of a case: the judge directs
them
on matters of law.
The basic principles of the british system have been adopted
in the USA, most Commonwealth countries, and some European countries
(for
example, France). Grand juries are still used in the USA at both
state and federal levels to decide whether there is a case to be
referred for trial.
In England, jurors are selected at random from the electoral roll.
Certain people are ineligible for jury service (such as lawyers and
clerics),
and others can be excused (such as members of Parliament
and
doctors).
If the jury cannot reach a unanimous verdict it can give a majority
verdict (at least 10 of the 12).
Juvenile Delinquency
Offences against the law that are committed by young people.
A juvenile offender is a person under the age of 17 who has committed
a crime. A child under the age of 10 is deemed incapable of committing
a crime. Between the ages of 10 and 14 a child may be convicted if he
or
she knew that their actions were morally or legally wrong.
Juvenile offenders cannot be sentenced to imprisonment; instead they
may be committed to a young offender institution.
Justifiable Homicide
There are three kinds:-
(1) Homicide in the execution of the law, as when the executioner
carries
out the sentence.
(2) Homicide for the advancement of public justice, that is to say,
justifiable by permission rather than command of the law, as when a
policeman
unintentionally kills a person resisting lawful arrest.
(3) Homicide in just defence of person and property, or for the
prevention
of some attrocious crime such as murder, rape, arson, burglary etc
which
could not otherwise have been avoided. '
Law Courts
Bodies that adjudicate in legal disputes. Civil and criminal cases
are usually dealt with by separate courts. In many countries there is a
hierarchy of courts that provide an appeal system.
In England and Wales the court system was reorganized under the Courts
Act 1971. The higher courts are: the House of Lords (the highest court
for the whole of Britain), which deals with both civil and criminal
appeals;
the Court of Appeal, which is divided between criminal and civil appeal
courts; the High Court of Justice dealing with important civil cases;
crown
courts, which handle criminal cases; and county courts, which deal with
civil matters.
Magistrates’ courts deal with minor criminal cases and are served by
justices of the peace or stipendiary (paid) magistrates; and juvenile
courts
are presided over by specially qualified justices. There are also
special
courts, such as the Restrictive Practices Court and the Employment
Appeal
Tribunal.
The courts are organized in six circuits. The towns of each circuit
are first-tier (High Court and circuit judges dealing with both
criminal
and civil cases), second-tier (High Court and circuit judges dealing
with
criminal cases only), or third-tier (circuit judges dealing with
criminal
cases only). cases are allotted according to gravity among High Court
and
circuit judges
and recorders (part-time judges with the same jurisdiction as Circuit
Judges.
In 1971 solicitors were allowed for the first time to appear in and
conduct cases at the level of the crown courts, and solicitors as well
as barristers of ten years standing became eligible for appointment as
recorders, who after five years become eligible as circuit judges.
In the UK in 1989 there were 5,500 barristers and 47,000 solicitors.
In Scotland, the supreme civil court is the Court of Session, with
appeal
to the House of Lords; the highest criminal court is the High Court of
Justiciary, with no appeal to the House of Lords.
Law Lords
In England, the ten Lords of Appeal in Ordinary who, together with
the Lord Chancellor and other peers, make up the House of Lords in its
judicial capacity.
The House of Lords is the final court of appeal in both criminal and
civil cases. Law lords rank as life peers.
Lie Detector
Instrument that records graphically certain body activities, such as
thoracic and abdominal respiration, blood pressure, pulse rate, and
galvanic
skin response (changes in electrical resistance of the skin).
Marked changes in these activities when a person answers a question
May indicate that the person is lying.
Lord Advocate
Chief law officer of the crown in Scotland who has ultimate
responsibility
for criminal prosecutions in Scotland.
The Lord Advocate does not usually act in inferior courts, where
prosecution
is carried out by procurators-fiscal acting under the Lord Advocate's
instructions.
Manslaughter
It is the unlawful and felonious killing of a person without malice,
either
expressed or implied. Manslaughter is either voluntary, from sudden
transport
of passion as where persons fight upon a quarrel and one is killed or
involuntary
ensuing from the commission of some unlawful act, or from the pursuit
of
some lawful act criminally or improperly performed, or from the
negligent
commission of some duty. The absence of malice is the main
distinction
between this species of homicide and murder. In the gravest cases it
May
be, and is punished by imprisonment for life.
Motive
This is the reason for a certain course of action whether conscious or
unconscious. When detectives are investigating a murder one of the
first
things they look for is motivation. Often by establishing the motive
they
can name the murderer. The motive could be hate, greed, sex,
money,
jealousy, fear or many other reasons.
Motive is one of three components that go together to form a criminal
act. The other two are opportunity and method.
For some examples of Motives and Reasons for murder
Mafia
Secret society reputed to control organized crime such as gambling,
loansharking, drug traffic, prostitution, and protection; connected
with
the Camorra of Naples.
The Mafia grew during Prohibition in the USA. Main centres are New
York, Las Vegas, Miami, Atlantic City, and Chicago. Organization is in
families, each with its own boss, or capo. A code of loyalty and
secrecy,
combined with intimidation of witnesses, makes it difficult to bring
criminal
charges against its members.
However, Al Capone was sentenced for federal tax evasion and Lucky
Luciano was deported.
Recent cases of the US government versus the Mafia implicated
Sicilian-based
operators in the drug traffic that plagues much of the Western world
(the
pizza connection).
In Dec 1990 John Gotti, reputedly head of the Gambino family of the
Mafia, was indicted on 11 charges, including murder, tax evasion, and
obstruction
of justice. This was the fourth time in five years that Dapper Don
Gotti
had been indicted and on previous occasions he had secured acquittal on
all charges.
Magistrate Court
In England and Wales, a local law court that mainly deals with minor
criminal cases. A magistrates court consists of between two and seven
lay
justices of the peace (who are advised on the law by a clerk to the
justices),
or a single paid lawyer called a stipendiary magistrate.
It deals with some civil matters, too, such as licensing certain
domestic
and matrimonial proceedings, and may include a juvenile court. In
committal
proceedings, a magistrates court decides whether more serious criminal
cases should be referred to the crown court.
Necropsy
Autopsy, also necropsy, medical examination of a dead human body,
including
the internal organs, to determine the cause of death or to study
pathological
changes. An autopsy is performed by a doctor trained in pathology.
After
the exterior body is thoroughly examined, an incision is made to expose
the internal organs. Their position is noted, and they are removed for
examination by eye and further study under a microscope. Autopsies are
commonly performed shortly after death; usually authorization of a
surviving
relative is required.
Most autopsies serve to advance medical knowledge, but autopsies also
have legal uses. Deaths resulting from violence or poison, or occurring
under suspicious circumstances, are investigated by a government
officer,
called either a coroner or a medical examiner. In such instances, the
autopsy
is made to determine the time and circumstances of death, thereby
providing
evidence for legal action.
New Scotland Yard
Headquarters of the Criminal Investigation Department (CID) of
Britain's
London Metropolitan Police, established in 1878.
It is named from its original location in Scotland Yard, off Whitehall.
Not Proven
In a Scottish Criminal Court one of the three verdicts May be returned
- guilty, not guilty and not proven.
A verdict of Not Proven has the force of, and the same result as an
acquittal. There is no basis for the popular belief that a Case which
ends
in a verdict of not proven May be re-opened if, at some time in the
future
new circumstances should come to light.
Old Bailey
Popular name for the Central Criminal Court in London, situated in
a street of that name in the City of London, off Ludgate Hill.
Over
the years this has been the scene of some of the most famous
cases
in the world.
Parole
Conditional release of a prisoner from jail. The prisoner remains on
licence until the date release would have been granted, and may be
recalled
if the authorities deem it necessary.
In the UK, the granting of parole is discretionary and is usually
considered
after one-third of the prisoner's sentence has been served.
The Criminal Justice Bill 1991 provided for prisoners serving less
than four years to be released after half their sentence had been
served,
and others after two-thirds of their sentence.
Police
Civil law-and-order force. In the UK it is responsible to the Home
Office, with 56 autonomous police forces, generally organized on a
county
basis; mutual aid is given in circumstances such as mass picketing in
the
1984-85 miners strike, but there is no national police force or police
riot unit (such as the French CRS riot squad).
The predecessors of these forces were the ineffective medieval watch
and London's Bow Street runners, introduced 1749 by Henry Fielding
which
formed a model for the London police force established by Robert Peel's
government 1829 (hence peelers or bobbies, the system was introduced
throughout
the country from 1856.
Landmarks include: Criminal Investigation Department detective branch
of the London Metropolitan Police (New Scotland Yard) 1878, recruited
from
the uniformed branch (such departments now exist in all UK forces);
women
police 1919; motorcycle patrols 1921; two-way radio cars 1927; personal
radio on the beat 1965; and Special Patrol Groups (SPG) 1970, squads of
experienced officers concentrating on a specific problem (New York has
the similar Tactical Patrol Force).
Unlike most other police forces, the British are armed only on special
occasions, but arms Issues grow more frequent.
In 1985 London had one police officer for every 268 citizens.
Other police forces include the Garda Siochana in the Republic of
Ireland,
the Carabinieri in Italy, the Guardia Civil in Spain, the Royal
Canadian
Mounted Police (Mounties) in Canada, the Police Nationale (under the
Ministry
of the Interior) for the cities and the Gendarmerie (part of the army)
elsewhere in France.
In the UK, police expenditure increased by 55% in real terms in the
period 1979 to 1990.
In 1991, the force claimed to clear up 26% of all recorded
crimes,
although this is estimated to be only 7% of the total committed.
Prison
Place of confinement for those convicted of contravening the laws of
the state; most countries claim to aim at rehabilitation.
The average number of people in prison in the UK (1990) was 43,314
(about 97 people per 100,000 of the population) with almost 20% of
these
under the age of 21.
About 22% were on remand (awaiting trial or sentence).
Because of overcrowding in prisons, almost 2,000 prisoners were held
in police cells (1988). 55% of Male prisoners and 34% of Female
prisoners
were reconvicted within two years of being discharged from prison
(1984).
The US prison population (1988) was 800,000 (about 426 per 100,000
people). There are an estimated 10 million
prisoners in Chinese prisons (1991).
Experiments have been made in Britain and elsewhere in open prisons
without bars, which included releasing prisoners in the final stages of
their sentence to work in ordinary jobs outside the prison, and the
provision
of aftercare on release.
Attempts to deal with the increasing number of young offenders include,
from 1982, accommodation in community
homes in the case of minor offences, with (in more serious cases)
short,
sharp shock treatment in detention centres (although the latter was
subsequently
found to have little effect on reconviction rates).
Late 18TH century Growth of criminal prisons as opposed to places of
detention for those awaiting trial or confined for political reasons.
Previously
criminals had commonly been sentenced to death, mutilation, or
transportation
rather than imprisonment.
One of the greatest reformers in Britain was John Howard, whose Prison
Act 1778 established the principle of separate confinement combined
with
work in an attempt at reform (it was eventually carried out when
Pentonville
prison was built 1842).
19TH century The Quaker Elizabeth Fry campaigned against the appalling
conditions in early 19th-century prisons.
Penal servitude was introduced 1857, as an additional deterrent, after
the refUSAl of the colonies to accept transported convicts.
1948 Penal servitude and hard labour were finally abolished by the
Criminal Justice Act 1948, so that there is only one form of prison
sentence,
namely imprisonment.
1967 Under the Criminal Justice Act 1967 courts may suspend prison
sentences of two years or less, and, unless the offender has previously
been in prison or borstal, will normally do so; that is, the sentence
comes
into effect only if another offence is committed.
Persistent offenders may receive an extended sentence for the
protection
of the public.
After serving one-third of their sentence (minimum 12 months), selected
prisoners may be released on parole.
1972 The Criminal Justice Act 1972 required the courts to
consider
information about an offender before sentencing them to prison for the
first time, and introduced the concept of community service to replace
prison for nonviolent offenders, and of day-training centres for the
social
education under intensive supervision of those who could not integrate
well into society.
Procurator Fiscal
Officer of a Scottish sheriff's court who (combining the role
of public prosecutor and coroner) inquires into suspicious deaths and
carries
out the preliminary questioning of witnesses to crime.
Post Mortem
This is a highly skilled procedure used to establish the cause of
death.
When someone dies it is not always apparent how they died, if this is
the
Case then an examination of the body must by law take place. An
external
examination will first of all take place and then the body will be
opened
up for further testing. The organs are sometimes removed and tests
performed
on them. this procedure is also known as an autopsy and sometimes even
by the name Necropsy. One of the great pathologists
of our time, Sir Bernard Spilsbury would carry out over seven hundred
Post Mortems in a single year.
Remand Prison
In the UK 1987, 59,000 people were remanded. Nearly half were
eventually
either found notguilty or given a non-custodial sentence. Two-thirds of
all women remanded were freed after trial. In the mid-1970s remand
prisoners
made up about 12% of the prison population in England and Wales. In
1989
this figure was 23%. The average waiting time for a remand
prisoner is now 8 weeks.
In Scotland there is a strict 110-day waiting limit. It costs 30 times
more per year to keep a prisoner in custody than it would for 100 hours
community service.
In 1990 there was widespread rioting in several prisons in Britain,
notably the 25-day siege at Strangeways Prison in Manchester; this was
the longest ever prison siege in the UK, during which several prisoners
died and extensive damage was caused.
Sentence
In law, the judgement of a court stating the punishment to be imposed
following a plea of guilty or a finding of guilt by a jury.
Before a sentence is imposed, the antecedents (criminal record) and
any relevant reports on the defendant are made known to the judge and
the
defence May make a plea in mitigation of the sentence.
Apart from a term of imprisonment, a British court May impose fines,
probation orders, community-service orders, attendance-centre orders,
hospital
orders, guardianship orders, bind over the person in question, and (for
juveniles only) enforce either a care order or detention in a young
offenders
institution.
If a term of imprisonment is imposed, it May take several forms,
including
a concurrent sentence (served at the same time as one or more other
sentences
when the accused has been convicted of more than one offence); an
extended
sentence (longer than the maximum prescribed for a particular offence);
a suspended sentence (one that does not take effect immediately); and a
partly suspended sentence (in which the offender serves only part of
the
sentence).
Both a suspended and partly suspended sentence may take full effect
if the offender commits another offence.
Treasury Counsel
In the UK, a group of barristers who receive briefs from the Director
of Public Prosecutions to appear for the prosecution in criminal
trials at the Central Criminal Court ( Old Bailey ).
Witness
In law, a person who was present at some event (such as an accident,
a crime, or the signing of a document) or as relevant special knowledge
(such as a medical expert) and can be called on to give evidence in a
court
of law.
In the UK, under the Criminal Justice Bill going through Parliament
1991, provision is made for child witnesses of sex or violence offences
to give evidence on a video recording in a crown court and, up to the
age
of 17, via a live television link, and the defendant in these cases is
not allowed to cross-examine the alleged victim in person.
.
For more information contact:
Gregg Manning