Glossary: B

Backlog.  Refers to an excess of pending cases that cannot be acted on because the court is busy acting on other cases.

Bail.  A guarantee (usually money) provided by a defendant (or others on his or her behalf) to insure his or her appearance in court to face charges.

Bail Bond. A written surety that a person charged with a crime will face trial at the appointed time; usually accompanied by money or other securities. 

Bail Bondsman.  A person in the business of posting bail for criminal defendants; usually charges a percentage of the required bail.

Bail Revocation.  Decision by a judge to deny previously granted bail.

Bailiff. An officer of the court who maintains order, oversees juries, and sometimes has custody of prisoners while they are in the courtroom.

Ballistics.  The study of the flight characteristics of projectiles such as bullets.

Banishment.  The ancient punishment of removing an offender from the community. 

Bar.  A term that denotes all attorneys eligible to practice law in a particular jurisdiction.

Bar Exam.  A rigorous of the laws that must be passed in order to practice law in a particular state. 

Barker v. Wingo.  [407 U.S. 514 (1972)].  Creates an exception to the ninety-day speedy trial requirement to be determined by a balancing test that is evaluated on a case-by-case basis. 

Battered Women's Syndrome. Term used to describe the psychological impact of years of physical and emotional abuse that leads women to use violent means to escape abusive situations.  Battered Woman Syndrome is a highly controversial criminal defense.

Battery.  The crime of offensive bodily contact.

BCS [Acronym].  See British Crime Survey. 

Bench Trail.  A trial which is conducted by a judge with no jury.

Bench Warrant.  Document issued by a judge demanding that a specified person be brought before the court without delay.

Bennis v. Michigan. [No. 94-8729 (1996)].  Asset forfeiture of property remains constitutional even if the owner is not aware of the property's criminal use.

Berger v. New York. [388 U.S. 41 (1967)].  Determined the search warrants for electronic eavesdropping need more precise supporting information than do regular warrants and strict time limits for such warrants must be observed. 

Berkemer v. McCarty.  [468 U.S. 420 (1984)].  "The roadside questioning of a motorist detained pursuant to a routine traffic stop does not constitute "custodial interrogation" for the purposes of the Miranda rule."

Best Evidence Rule.  The legal principle that original (as opposed to copies) information or documents are preferred if at all available.

Beyond a Reasonable Doubt. Standard of proof used in criminal courts in determining guilt.

Bifurcated.  Split into two parts.

Bifurcated Trail.  When prosecutors seek the death penalty, the jury must make two decisions: The first is whether the defendant is guilty, and the second is whether the death penalty should be imposed.

Bill of Rights.  The first ten amendments to the United States Constitution; sets forth certain fundamental rights and freedoms.

Bindle. [Forensics].  A folded piece of paper used to contain trace evidence; sometimes used by drug dealers to package small quantities of drugs. 

Bind Over. A decision made by a judge that enough evidence exists in a case to proceed with a trial in criminal court.

Biocriminology.  A relatively new division of criminology that seeks to explain criminality using modern biological approaches, such as neurochemistry and neuroendocrinology.  

Biohazard Bag. [Forensics]. A specially marked red bag used to contain materials that are contaminated with bodily fluids that are potentially infected with communicable diseases.

Biological Evidence. [Forensics].  Material that has a biological origin, usually the human body, such as blood, semen, hair, tissue and so forth. 

Biological Fluids. [Forensics].  Fluids that have human or animal origin, such as blood, semen, saliva, and so forth. 

Biological Weapons.  Disease causing materials used to threaten human life, such as anthrax or smallpox.

Bioterrorism.  The use of biological weapons in terrorist acts.

Bivens Action.  A civil suit brought against federal law enforcement agents for violation of constitutional rights.  

BJA  [Acronym].  Bureau of Justice Assistance.  See also the BJA website. 

BJS [Acronym].  Bureau of Justice Statistics.  See also BJS website. 

Blaming the Victim.  A belief that negative characteristics of a group, usually minorities, are the groups own fault.

Blended Sentence.  Type of sentence where the judge can impose both juvenile and/or adult penalties.

Blood. [Forensics].  A thick fluid contained in the circulatory system composed of a liquid component known as plasma and solid components, most notably red and white blood cells.

Blood Alcohol. The amount of ethyl alcohol in a person's blood, usually expressed as a fraction of one percent.

Blood Splatter. [Forensics].  Blood drops resulting from some force acting on the source of the blood, usually a victim.

Bloodborne Pathogen.  Disease causing microorganisms that may be found in blood specifically, and other biological fluids more generally.

Bloodstain.  Blood that has dried on a surface. 

Blue-ribbon Jury.  A jury that one side considers highly favorable to its desired verdict.

Bona Fide.  "In Good Faith."  Without any attempt to deceive or mislead.

Bond.  Written document indicating that certain persons or sureties assure the presence of a defendant at trail; if they are not present, then the bond is forfeit.

Booking.  The process of making a written report of arrest, including mug shots, finger prints, and personal information about the suspect, and information about the alleged crime.

Boot Camps.  See Juvenile Boot Camps.

BOP [Acronym].  Federal Bureau of Prisons.  See also the BOP website. 

Border Search.  A superficial inspection of persons, vehicles, and property entering the United States from across international borders which is an exception to the Fourth Amendment search warrant requirements; a search warrant nor probable cause is needed to conduct such a search.  See also U.S. v. Martinez-Fuerte, 428 U.S. 543 (1976). 

Bounties.  Monetary rewards offered for the capture of those who escape prosecution.

Brady v. Maryland [373 U.S. 83 (1963)].  Case in which the Supreme Court established that Brady Materials must be disclosed to the defense during the discovery process. 

Brady Materials.  Exculpatory materials that must be disclosed through the discovery process by the prosecution in a criminal trial. 

Branding.  The punishment of burning a mark on an offender's body; now considered cruel and unusual. 

Brewer v. Williams [430 U.S. 387 (1977)].  Even "indirect" speech (such as the "Christian burial speech" involved with this case) can be considered an interrogation and thus evoke the right to counsel.

Bribery.  Crime of offering, giving, requesting, soliciting, or receiving something of value to influence the decision of a public official.

Brief.  1.  A document filed by a party to a lawsuit to convince the court of the merits of a case.  2. A case summary that explains the facts and rationale behind a court decision. 

Briscoe v. LaHue.  [460 U.S. 325 (1983)].  "Title 42 U.S.C. 1983 does not authorize a convicted state defendant to assert a claim for damages against a police officer for giving perjured testimony at the defendant's criminal trial."

British Crime Survey (BCS) [England & Wales].  An annual survey of crime in Britain, similar in scope and nature the the American National Crime Victimization Survey.  See also What is the British Crime Survey? on the Home Office website.

Broken Windows Theory.  Holds that when physical and social disorder go unchecked in neighborhoods, people begin to fear, social bonds are broken, and incivilities and crime increase. 

Brown v. State of Mississippi [297 U.S. 278 (1936)].  Confessions obtained using brutality are inadmissible. 

Bullet Drop. [Forensics].  The fall of a bullet during flight as a result of gravity.

Bumper v. North Carolina [391 U.S. 543 (1968)].  The Supreme Court ruled evidence inadmissible when officers claimed to have a search warrant when they in fact did not have a warrant.

Burch v. Louisiana.  [441 U.S. 130 (1979)].  A jury size of six is constitutional, but the verdict must be unanimous for a conviction; juries of twelve need not be unanimous. 

Burden of Persuasion.  The responsibility to convince the fact finder of the truth.

Burden of Production.  The responsibility to introduce initial evidence. 

Burden of Proof.  The requirement to submit evidence before the court to prove an alleged fact; the affirmative duty to prove a point in dispute.

Burglary. The felonious combination of a trespass and the intent to commit another crime. See full article titled Burglary. 

Bureaucracy. A government agency characterized by specialization of functions, adherence to fixed rules, and a hierarchy of authority.  Often used negatively to signify a system of administration marked by officialism and red tape.

BWS [Acronym].  Battered Women's Syndrome.   

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