When a label of deviance is based on

Labeling theory is closely related to social-construction and symbolic-interaction analysis. It holds that deviance is not an inherent tendency of an individual, but instead focuses on the tendency of majorities to negatively label minorities or those seen as deviant from standard cultural norms. The theory is concerned with how the self-identity and the behavior of individuals may be determined or influenced by the terms used to describe or classify them. The theory was prominent during the 1960s and 1970s, and some modified versions of the theory are still popular today .

Short presentation on labeling theory.

Theoretical Origins

Labeling theory had its origins in Suicide, a book by French sociologist Émile Durkheim. He argued that crime is not so much a violation of a penal code as it is an act that outrages society. He was the first to suggest that deviant labeling satisfies that function and satisfies society's need to control the behavior. George Herbert Mead posited that the self is socially constructed and reconstructed through the interactions which each person has with the community. The labeling theory suggests that people are given labels based on how others view their tendencies or behaviors. Each individual is aware of how they are judged by others because he or she has adopted many different roles and functions in social interactions and has been able to gauge the reactions of those present.

Social Roles

Labeling theory concerns itself not with the normal roles that define our lives, but with those very special roles that society provides for deviant behavior, called deviant roles, stigmatic roles, or social stigma. A social role is a set of expectations we have about a behavior. Social roles are necessary for the organization and functioning of any society or group. We expect the postman, for example, to adhere to certain fixed rules about how he does his job.

Labeling theory hypothesizes that the labels applied to individuals influence their behavior, particularly that the application of negative or stigmatizing labels promotes deviant behavior. They become a self-fulfilling prophecy: an individual who is labeled has little choice but to conform to the essential meaning of that judgment. Consequently, labeling theory postulates that it is possible to prevent social deviance via a limited social shaming reaction in "labelers" and replace moral indignation with tolerance .

. A social role is a set of expectations we have about a behavior. Social roles are necessary for the organization and functioning of any society or group.

Labeling Deviants

The social construction of deviant behavior plays an important role in the labeling process that occurs in society. This process involves not only the labeling of criminally deviant behavior, which is behavior that does not fit socially constructed norms, but also labeling that reflects stereotyped or stigmatized behavior of the "mentally ill." Furthermore, the application of labeling theory to homosexuality has been extremely controversial. It was Alfred Kinsey and his colleagues who pointed out the big discrepancy between the behavior and the role attached to it.

Hard Labeling and Soft Labeling

There are two distinctions in labeling: hard labeling and soft labeling. People who believe in hard labeling believe that mental illness does not exist. It is merely deviance from the norms of society that people attribute to mental illness. Thus, mental illnesses are socially constructed illnesses and psychotic disorders do not exist. People who believe in soft labeling believe that mental illnesses do, in fact, exist. Unlike the supporters of hard labeling, soft labeling supporters believe that mental illnesses are not socially constructed but are objective problems.

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Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction. Crimes may also result in cautions, rehabilitation, or be unenforced. Individual human societies may each define crime and crimes differently, in different localities, and at different time stages of the crime. While every crime violates the law, not every violation of the law counts as a crime; for example, breaches of contract and of other civil law may rank as "offenses" or as "infractions. " Modern societies generally regard crimes as offenses against the public or the state, as distinguished from torts, which are wrongs against private parties that can give rise to a civil cause of action.

In sociology, a normative definition views crime as deviant behavior that violates prevailing norms, or cultural standards prescribing how humans ought to behave normally. This approach considers the complex realities surrounding the concept of crime and seeks to understand how changing social, political, psychological, and economic conditions may affect changing definitions of crime and the form of the legal, law-enforcement, and penal responses made by society.

These structural realities remain fluid and often contentious. For example: as cultures change and the political environment shifts, societies may criminalize or decriminalize certain behaviors, which directly affects the statistical crime rates, influences the allocation of resources for the enforcement of laws, and re-influences the general public opinion. One can view criminalization as a procedure deployed by society as a pre-emptive, harm-reduction device, using the threat of punishment as a deterrent to anyone proposing to engage in the behavior causing harm. The state becomes involved because governing entities can become convinced that the costs of not criminalizing, through allowing the harms to continue unabated, outweigh the costs of criminalizing it, restricting individual liberty, for example, to minimize harm to others.

Similarly, changes in the collection and calculation of data on crime may affect the public perceptions of the extent of any given "crime problem." All such adjustments to crime statistics, together with the experience of people in their everyday lives, shape attitudes on the extent to which the state should use law or social engineering to enforce or encourage any particular social norm. Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society.

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Criminal law, as opposed to civil law, is the body of law that relates to crime. It could be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey these laws. Criminal law is distinctive for the uniquely serious potential consequences, or sanctions, for failure to abide by its rules.

Offenses Against the Person

In criminal law, an offense against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person. They are usually analyzed by division into fatal offenses, sexual offenses, or non-fatal non-sexual offenses. Although most sexual offenses will also be offenses against the person, sexual crimes are usually categorized separately. Similarly, although many homicides also involve an offense against the person, they are usually categorized under the more serious category.

Violent Crimes

A violent crime is a crime in which the offender uses or threatens to use violent force upon the victim. Violent crimes include crimes committed with and without weapons. They also include both crimes in which the violent act is the objective, such as murder, as well as crimes in which violence is the means to an end, such as robbery. The United States Department of Justice Bureau of Justice Statistics (BJS) counts five categories of crime as violent crimes: murder, forcible rape, robbery, aggravated assault, and simple assault. According to BJS figures, the rate of violent crime victimization in the United States declined by more than two thirds between the years 1994 and 2009. On September 30, 2009, 7.9% of sentenced prisoners in federal prisons were in for violent crimes; 52.4% of sentenced prisoners in state prisons at yearend 2008 were in for violent crimes; and 21.6% of convicted inmates in jails in 2002 were in for violent crimes.

Sex Crimes

Sex crimes are forms of human sexual behavior that are crimes. Someone who commits one is said to be a sex offender. Some sex crimes are crimes of violence that involve sex. Others are violations of social taboos, such as incest, sodomy, indecent exposure or exhibitionism. There is much variation among cultures as to what is considered a crime or not, and in what ways or to what extent crimes are punished.

Property Crimes

Property crime is a category of crime that includes burglary, larceny, theft, motor vehicle theft, arson, shoplifting, and vandalism. Property crime only involves the taking of money or property, and does not involve force or threat of force against a victim. Although robbery involves taking property, it is classified as a violent crime, since force, or threat of force, on an individual is involved, in contrast to burglary which typically takes place in an unoccupied dwelling or other unoccupied building. In 2005, only 18% of reported cases of larceny/theft were cleared in the United States.

Hate Crimes

Hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, sex, or gender identity.

Virtual Crimes

Virtual crime refers to a virtual criminal act that takes place in a massively multiplayer online game (MMOG). The huge time and effort invested into such games can lead online "crime" to spill over into real world crime, and even blur the distinctions between the two. Some countries have introduced special police investigation units to cover such "virtual crimes. " South Korea is one such country, and looked into 22,000 cases in the first six months of 2003.

Organized Crime

Organized crime is the transnational, national, or local grouping of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Sometimes criminal organizations force people to do business with them, as when a gang extorts money from shopkeepers for "protection. " An organized gang or criminal set can also be referred to as a mob.

Handcuffs pictured on the ground outside the courthouse

"Crime Does Not Pay" was one of the primary targets of Dr. Fredrick Wertham's crusade against comics books, and were often cited in his writing and during the Senate inquiries into the comic book industries corruption of the innocent. The general theme of "Crime Does Not Pay" is exactly what the title of the series suggests - criminals rise to power, but come to an often violent end. This panel is from issue 22 of the series.

Anti-crime campaign using the crime dog cartoon

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Crime statistics attempt to provide statistical measures of the crime in societies. Several methods for measuring crime exist, including household surveys, hospital or insurance records, and compilations by police and similar law enforcement agencies. Typically official crime statistics refer to the latter, but some offences are likely to go unreported to the police. Public surveys are sometimes conducted to estimate the amount of crime not reported to police. Given that crime is usually secretive by nature, measurements of it are likely to be inaccurate. The two major methods for collecting crime data are law enforcement reports and victimization statistical surveys.

Crime statistics are gathered and reported by many countries and are of interest to several international organizations, including Interpol and the United Nations. Law enforcement agencies in some countries, such as the Federal Bureau of Investigation (FBI) in the United States and the Home Office in England & Wales, publish crime indices, which are compilations of statistics for various types of crime. The U.S. has two major data collection programs: the Uniform Crime Reports from the FBI and the National Crime Victimization Survey from the Bureau of Justice Statistics. The National Crime Victimization Survey has its use, but it also limited in its scope. For example, it only collects data on the following crimes - assault, burglary, larceny, motor vehicle theft, rape and robbery. The U.S. has no comprehensive infrastructure to monitor crime trends and report the information to related parties, such as law enforcement.

Crime can generally be broken down into 2 categories - violent and nonviolent. Violent crimes involve harm to another person, generally done intentionally. The seriousness of the crime is determined by the amount of harm; use of a weapon also increases the seriousness. By contrast, nonviolent crime involves harm to property and/or possessions. Fraud or certain drug charges are examples of nonviolent crimes.

Because of the difficulties in quantifying how much crime actually occurs, researchers generally take two approaches to gathering statistics about crime. First, they often use statistics from law enforcement organizations. These statistics are normally readily available and are generally reliable in terms of identifying what crime is being dealt with by law enforcement organizations, as they are gathered by law enforcement officers in the course of their duties, and are often extracted directly from law enforcement computer systems. However, these statistics often tend to reflect the productivity and law enforcement activities of the officers concerned, and may bear little relationship to the actual amount of crime. One way in which victimization surveys are useful is that they show some types of crime are well reported to law enforcement officials, while other types of crime are under reported. These surveys also give insights as to why crime is reported, or not. This allows degrees of confidence to be assigned to various crime statistics.

Research using a series of victim surveys in 18 countries of the European Union in 2005, funded by the European Commission, has reported that the level of crime in Europe has fallen back to the levels of 1990, and notes that levels of common crime have shown declining trends in the U.S., Canada, Australia and other industrialized countries as well. The European researchers say a general consensus identifies demographic change as the leading cause for this international trend. Although homicide and robbery rates rose in the U.S. in the 1980s, by the end of the century they had declined by 40%.

The U.S. has two major data collection programs: the Uniform Crime Reports from the FBI, and the National Crime Victimization Survey from the Bureau of Justice Statistics.

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Juvenile delinquency is participation in illegal behavior by minors. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers and courts. A juvenile delinquent is a person who is typically under the age of 18 and commits an act that would have otherwise been charged as a crime if the minor was an adult. Depending on the type and severity of the offense committed, it is possible for persons under 18 to be charged and tried as adults.

Juvenile delinquency can be separated into three categories:

1. Delinquency: crimes committed by minors that are dealt with by the juvenile courts and justice system;
2. Criminal behavior: crimes dealt with by the criminal justice system;
3. Status offenses: offenses which are only classified as such because one is a minor, such as truancy, also dealt with by the juvenile courts.

Young men disproportionately commit juvenile delinquency. Feminist theorists and others have examined why this is the case. One suggestion is that ideas of masculinity may make young men more likely to offend. Being tough, powerful, aggressive, daring, and competitive becomes a way for young men to assert and express their masculinity. Alternatively, young men may actually be naturally more aggressive, daring, and prone to risk-taking. According to a study led by Florida State University criminologist Kevin M. Beaver, adolescent males who possess a certain type of variation in a specific gene are more likely to flock to delinquent peers. The study, which appeared in the September 2008 issue of the Journal of Genetic Psychology, is the first to establish a statistically significant association between an affinity for antisocial peer groups and a particular variation (called the 10-repeat allele) of the dopamine transporter gene (DAT1).

There is also a significant skew in the racial statistics for juvenile offenders. When considering these statistics, which state that Black and Latino teens are more likely to commit juvenile offenses, it is important to keep the following in mind: poverty is a large predictor of low parental monitoring, harsh parenting, and association with deviant peer groups, all of which are in turn associated with juvenile offending. The majority of adolescents who live in poverty are racial minorities.

Family factors that may have an influence on offending include:

• the level of parental supervision,
• the way parents discipline a child,
• particularly harsh punishment,
• parental conflict or separation,
• criminal parents or siblings,
• parental abuse or neglect,
• the quality of the parent-child relationship.

Delinquency prevention is the broad term for all efforts aimed at preventing youth from becoming involved in criminal or other antisocial activity. Because the development of delinquency in youth is influenced by numerous factors, prevention efforts need to be comprehensive in scope. Prevention services may include activities like substance abuse education and treatment, family counseling, youth mentoring, parenting education, educational support, and youth sheltering. Increasing availability and use of family planning services, including education and contraceptives, helps to reduce unintended pregnancy and unwanted births—which are risk factors for delinquency .

Poster promoting planned housing as a method to deter juvenile delinquency, showing silhouettes of a child stealing a piece of fruit and as an older minor involved in armed robbery.

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A violent crime is a crime in which the offender uses or threatens to use violent force upon the victim. This entails both crimes in which the violent act is the objective, such as murder, as well as crimes in which violence is the means to an end, such as robbery. Violent crimes include crimes committed with and without weapons. With the exception of rape (which accounts for 6% of all reported violent crimes), males are the primary victims of all forms of violent crime.

The comparison of violent crime statistics between countries is usually problematic due to the way different countries classify crime. Valid comparisons require that similar offences between jurisdictions be compared. Often this is not possible because crime statistics aggregate equivalent offences in such different ways that make it difficult or impossible to obtain a valid comparison.

The United States Department of Justice Bureau of Justice Statistics (BJS) counts five categories of crime as violent crimes: murder, forcible rape, robbery, aggravated assault, and simple assault. According to the BJS, the rate of violent crime victimization in the United States declined by more than two thirds between the years 1994 and 2009. Nearly 8% of sentenced prisoners in federal prisons on September 30, 2009 were in for violent crimes; 52.4% of sentenced prisoners in state prisons at yearend in 2008 were in for violent crimes; and 21.6% of convicted inmates in jails in 2002 were in for violent crimes.

Map of violent crimes in 2005 in Chicago community areas per 100,000 residents.

Since the 13th century AD, evidence shows large long-term declines in the rate of murder, from one hundred people to one person per 100,000 between 1200 and 2000 AD. By contrast, there is a widespread belief that violent crime is on the rise, due largely to a mass media, which disproportionately reports violent crime.

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Property crime is a category of crime that includes larceny, theft, motor vehicle theft, arson, shoplifting, vandalism, and burglary . Property crime only involves the taking of money or property, and does not involve force or threat of force against a victim. Property crimes are high-volume crimes, with cash, electronics, power tools, cameras, and jewelry often targeted.

This is a photographic example of a car that has been burglarized.

Burglary of residences, retail establishments, and other commercial facilities involves breaking and entering, and then stealing property. Attempted forcible entry into a property is also classified as burglary in the FBI's Uniform Crime Reports (UCR) definition. In the United States, burglary rates are highest in August and lowest in February, with weather, length-of-day, and other factors having an effect on rates . Fall and winter are peak seasons for burglary in Denmark. Most residential burglaries occur on weekdays, between 10 to 11 a.m. and 1 to 3 p.m., when homes are the least likely to be occupied. Some crime prevention programs, such as Neighborhood Watch, have shown little effectiveness in reducing burglary and other crime.

Property crime rates in the United States, 1986-2005

Theft of cash is most common, followed by vehicle parts, clothing, and tools. In 2005, only 18% of reported cases of larceny and theft were cleared in the United States . Shoplifting is a specific type of theft, in which products are taken from retail shops without paying. Items popular with shoplifters include cigarettes, alcoholic beverages, and fashionable clothing. Motor vehicle theft is a common form of property crime, often perpetrated by youths for joyriding. The FBI includes attempted motor vehicle thefts in its Uniform Crime Report (UCR) definition. Crime prevention and target-hardening measures, such as car alarms and ignition locks, have been effective deterrents against motor vehicle theft, as have been practices such as etching VINs on car parts. Only 13% of reported motor vehicle theft cases were cleared in the United States in 2005.

An example of theft: someone took everything except for the front wheel.

Statistics for violent crimes are accessible and available to the public. In 2004, 12% of households in the United States experienced some type of property crime, with theft being the most common. The percentage of U.S. households that experienced property crime dropped from 21% in 1994 to 12% in 2004. Moreover, from 1996 to 2005, the number of arrests in the United States for property crime has declined by 22.1%. The decline is far larger for offenders under age 18, with a decrease of 43.8% in property crime arrests, compared to a 9.5% decrease for those 18 and over. The peak age for property crime arrests in the United States is 16, compared to 18 for violent crime arrests.

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White-collar crime is a financially motivated, nonviolent crime committed for illegal monetary gain. White-collar crime, is similar to corporate crime, because white-collar employees are more likely to commit fraud, bribery, ponzi schemes, insider trading, embezzlement, cyber crime, copyright infringement, money laundering, identity theft, and forgery .

In March 2009, the American financier Bernard Madoff pleaded guilty to 11 federal felonies and admitted to turning his wealth management business into a massive Ponzi scheme that defrauded thousands of investors of billions of dollars.

The term "white-collar crime" was coined in 1939 by Edwin Sutherland, who defined it as a "crime committed by a person of respectability and high social status in the course of his occupation" in a speech entitled "The White Collar Criminal" delivered to the American Sociological Society. Much of Sutherland's work was to separate and define the differences in blue-collar street crimes such as arson, burglary, theft, assault, rape, and vandalism, which are often blamed on psychological, associational, and structural factors. Instead, white-collar criminals are opportunists, who learn to take advantage of their circumstances to accumulate financial gain. They are educated, intelligent, affluent, and confident individuals whose jobs involve unmonitored access to large sums of money.

Corporate crime deals with the company as a whole. The relationship that white-collar crime has with corporate crime is that they are similar because they both are involved within the business world. Their difference is that white-collar crime benefits the individual involved, and corporate crime benefits the company or the corporation. Insider trading, the trading of stock by someone with access to publicly unavailable information, is a type of fraud. One well-known insider trading case in the United States is the ImClone stock trading case. In December 2001, top-level executives sold their shares in ImClone Systems, a pharmaceutical company that manufactured an anti-cancer drug. The U.S. Securities and Exchange Commission investigated numerous top-level executives, as well as Martha Stewart, a friend of ImClone's former chief executive who had also sold her shares at the same time. The SEC reached a settlement in 2005.

One common misconception about corporate crime is that its effects are mainly financial. For example, pharmaceutical companies may make false claims regarding their drugs and factories may illegally dump toxic waste. Indeed, the Hooker Chemical Company dumped toxic waste into the abandoned Love Canal in Niagara Falls and sold the land without disclosing the dumping. It was sold in the 1950's to a private housing developer, whose residents began experiencing major health problems such as miscarriages and birth defects in the 1970's.

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Organized crime refers to transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Sometimes criminal organizations force people to do business with them, as when a gang extorts money from shopkeepers for "protection." Gangs may become "disciplined" enough to be considered "organized." An organized gang or criminal set can also be referred to as a mob.

Patron-client networks are defined by the fluid interactions they produce. Organized crime groups operate as smaller units within the overall network, and as such tend towards valuing significant others, familiarity of social and economic environments, or tradition.

Some notable patron-client networks involve the Russian and Albanian mafias, the Japanese Yakuza, the Irish mob, and the Sicilian and Italian American Cosa Nostra (i.e. the Sicilian mafia).

Al Capone is a name often associated with organized crime.

Bureaucratic and corporate organized crime groups are defined by the general rigidity of their internal structures. Focusing more on how the operations works, succeeds, sustains itself or avoids retribution, they are generally typified by: a complex authority structure; an extensive division of labor between classes and the organization; responsibilities carried out in an impersonal manner; and top-down communication and rule enforcement mechanisms.

A distinctive gang culture underpins many, but not all, organized groups; this may develop through recruiting strategies, social learning processes in the corrective system experienced by youth, family, or peer involvement in crime, and the coercive actions of criminal authority figures. The term "street gang" is commonly used interchangeably with "youth gang", referring to neighborhood or street-based youth groups that meet "gang" criteria.

Organized crime groups often victimize businesses through the use of extortion or theft and fraud activities like hijacking cargo trucks, robbing goods, committing bankruptcy fraud, insurance fraud, or stock fraud. Organized crime groups seek out corrupt public officials in executive, law enforcement, and judicial roles so that their activities can avoid, or at least receive early warnings about, investigation and prosecution.

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The police are a constituted body of persons empowered by the state to enforce the law, protect property, and limit civil disorder. Their powers include the legitimized use of force. The term police is most commonly associated with police services of a state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from military or other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie and military police are military units charged with civil policing.

Preventive Police and Police Detectives

In most Western police forces, perhaps the most significant division is between preventive police and detectives. Terminology varies from country to country. Preventive police designates the police that patrol and respond to emergencies and other incidents, as opposed to detective services. As the name "uniformed" suggests, preventive police wear uniforms and perform functions that require an immediate recognition of an officer's legal authority, such as traffic control, stopping and detaining motorists, and more active crime response and prevention. On the other hand, police detectives are responsible for investigations and detective work. Detectives, in contrast to uniform police, typically wear 'business attire' in bureaucratic and investigative functions where a uniformed presence would be either a distraction or intimidating. "Plainclothes" officers dress in attire consistent with that worn by the general public for purposes of blending in, but a need to establish police authority still exists.

Specialized units exist within many law enforcement organizations for dealing with particular types of crime, such as traffic law enforcement and crash investigation, homicide, or fraud. In counter insurgency type campaigns, select and specially trained units of police armed and equipped as light infantry have been designated as police field forces. They perform paramilitary type patrols and ambushes whilst retaining their police powers in areas that were highly dangerous.

Police in the United States

In United States constitutional law, police power is defined as the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants. Police power can be exercised in the form of making laws and compelling obedience to those laws through legal sanctions, physical means, or other forms of coercion and inducements. In the United States, concern over such issues has increasingly weighed upon law enforcement agencies, courts, and legislatures at every level of government since the 1960s. Incidents such as the 1965 Watts Riots and the videotaped 1991 beating of Rodney King by Los Angeles Police officers and the riot following their acquittal have been suggested by some as evidence that U.S. police are dangerously lacking in appropriate controls.

The Los Angeles Police Department (LAPD) has been heavily fictionalized in numerous movies and television shows throughout its history. The department has also been involved in a number of controversies, mostly involving racial animosity and police corruption.

Transnational Police

The term transnational policing entered into use in the mid-1990s as a description for forms of policing that transcended the boundaries of the sovereign nation state. Transnational policing pertains to all those forms for policing that, in some sense, transgress national borders. This includes a variety of practices, but cross-border police cooperation, criminal intelligence exchange between police agencies working in different nation-states, and police development-aid to weak, failed, or failing states are the three types that have received the most scholarly attention. The International Criminal Police Organization (ICPO), widely known as INTERPOL, is an organization facilitating international police cooperation. It was established as the International Criminal Police Commission (ICPC) in 1923 and adopted its telegraphic address as its common name in 1956.

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A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties, and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all persons have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.

The system of courts that interpret and apply the law are collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building is known as a courthouse; court facilities range from simple and very small facilities in rural communities, to large buildings in cities. A judge is a person who presides over court proceedings, either alone or as part of a panel of judges.

Jurisdiction

The practical authority given to the court is known as its jurisdiction, or the court's power to decide certain kinds of questions or petitions. A plaintiff is the term used in some jurisdictions for the party who initiates a civil lawsuit before a court. A defendant is any party required to answer a plaintiff's complaint in a civil lawsuit, or any party that has been formally charged or accused of violating a criminal statute. A legal remedy is the means with which a court of law (usually in the exercise of civil law jurisdiction) enforces a right, imposes a penalty, or makes some other court order to impose its will.

In the United States, the legal authority of a court to take action is based on personal jurisdiction, subject-matter jurisdiction, and venue over the parties to the litigation. Personal jurisdiction refers to a court's jurisdiction over the parties to a lawsuit. Personal jurisdiction means the power of the court to decide a dispute, as against a particular person. Subject-matter jurisdiction is the authority of a court to hear cases of a particular type, or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases.

Types of Courts

In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court that hears an appeal of a trial court or other lower tribunal; and a supreme court, which primarily reviews the decisions of the intermediate courts. A tribunal, in the general sense, is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes, whether or not it is called a tribunal in its title. For example, the Nuremberg Trials were a series of military tribunals, held by the victorious allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany.

At the Nuremberg Tribunals, the main target of the prosecution was Hermann Göring (at the left edge on the first row of benches), considered to be the most important surviving official in the Third Reich after Hitler's death.

United States Supreme Court Associate Justice Sonia Sotomayor

A trial at the Old Bailey in London, as drawn by Thomas Rowlandson and Augustus Pugin, for Ackermann's Microcosm of London (1808-11).

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A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment is a legal penalty that may be imposed by the state for the commission of a crime. For most of history, imprisoning has not been a punishment in itself, but rather a way to confine criminals until corporal or capital punishment was administered. Only in the 19th century, beginning in Britain, did prisons as they are known today become commonplace. The modern prison system was born in London, influenced by the utilitarianism of Jeremy Bentham.

Prison Design

Prisons are normally surrounded by fencing, walls, earthworks, geographical features, or other barriers to prevent escape. Multiple barriers, concertina wire, electrified fencing, secured and defensible main gates, armed guard towers, lighting, motion sensors, dogs and roving patrols may all also be present, depending on the level of security.

Barbed wire is a feature of prisons.

Modern prison designs have sought to increasingly restrict and control the movement of prisoners throughout the facility, while permitting a maximal degree of direct monitoring by a smaller prison staff. As compared to traditional large landing-cellblock designs, which were inherited from the 19th century and which permitted only intermittent observation of prisoners, many newer prisons are designed in a decentralized "popular" layout.

Incarceration in the United States

In the United States, "jail" and "prison" refer to separate levels of incarceration; generally speaking, jails are county or city administrated institutions which house both inmates awaiting trial on the local level, and convicted misdemeanants serving a term of one year or less, while prisons are state or federal facilities housing convicted felons serving a term of more than one year. Supermax prisons provide long term, segregated housing for inmates classified as the highest security risks in the prison system—the "worst of the worst" criminals, and those who pose a threat to national and international security.

The United States has the highest documented incarceration rate in the world (743 per 100,000 population). Incarceration rate in the U.S. for federal and state prisons in 2007 was the highest in history of the country. It was 5.5 times greater than the sharp peak that occurred during the Great Depression at 137 per 100,000 in 1939. According to the U.S. Bureau of Justice Statistics (BJS), 2,266,800 adults were incarcerated in U.S. count jails and federal and state prisons at yearend 2010; this represents about 0.7% of adults in the U.S. resident population. Additionally, 4,933,667 adults at yearend 2009 were on probation or on parole. In total, 7,225,800 adults were under correctional supervision (probation, parole, jail, or prison) in 2009, representing about 3.1% of adults in the U.S. resident population.

According to the U.S. Bureau of Justice Statistics (BJS), non-Hispanic blacks accounted for 39.4% of the total prison and jail population in 2009. According to the 2010 census of the U.S. Census Bureau, blacks (including Hispanic blacks) comprised 13.6% of the US population. Hispanics (of all races) were 20.6% of the total jail and prison population in 2009. Hispanics comprised 16.3% of the U.S. population according to the 2010 U.S. census.

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Capital punishment is a legal process whereby a person is put to death by the state as a punishment for a crime. Crimes that can result in a death penalty are known as "capital crimes" or "capital offenses. " Capital punishment has in the past been practiced by most societies. Currently, only 58 nations actively practice it, and 97 countries have abolished it. Although many nations have abolished capital punishment, over 60% of the world's population live in countries where executions take place–the People's Republic of China, India, the United States, and Indonesia–the four most-populous countries in the world, that continue to apply the death penalty.

Execution of criminals and political opponents has been used by nearly all societies–both to punish crime and to suppress political dissent. In most places that practice capital punishment, it is reserved for murder, espionage, treason, or as part of military justice. In some countries sexual crimes, such as rape, adultery, incest, and sodomy, carry the death penalty, as do religious crimes, such as apostasy in Islamic nations. In many countries that use the death penalty, drug trafficking is also a capital offense. In China, human trafficking and serious cases of corruption are punished by the death penalty. In militaries around the world courts, martial have imposed death sentences for offenses, such as cowardice, desertion, insubordination, and mutiny.

Arguments For and Against

Supporters of the death penalty argue that the death penalty is morally justified when applied in murder, especially with aggravating elements, such as multiple homicide, child murder, torture murder, and mass killing including terrorism or genocide. Some even argue that not applying the death penalty in latter cases are patently unjust. Supporters of the death penalty, especially those who do not believe in the deterrent effect of the death penalty, say the threat of the death penalty could be used to urge capital defendants to plead guilty, testify against accomplices, or disclose the location of the victim's body.

Capital punishment is often opposed on the grounds that innocent people will inevitably be executed. Between 1973 and 2005, 123 people in 25 states were released from death row when new evidence of their innocence emerged. Abolitionists believe capital punishment is the worst violation of human rights, because the right to life is the most important, and judicial execution violates it without necessity and inflicts to the condemned to a psychological torture. In addition, opponents of the death penalty use the argument that executing a criminal costs more than life imprisonment does. Many states have found it cheaper to sentence criminals to life in prison than to go through the time-consuming and bureaucratic process of executing a convicted criminal.

Anarchist Auguste Vaillant guillotined in France in 1894.