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58 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Civil Law |
Rules that regulate disputes between private parties. |
Civil=small=private |
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Criminal Law |
Rules that regulate to maintain social control. |
Criminal=large=society |
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Substantive Criminal Law |
Law defining the specific behaviors prohibited under the criminal law. |
Law defines crime and penalties. |
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Procedural Law |
Rules for adjudication of the individuals suspected of violating the law. |
Law/Rules that are being address to the good guys. |
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Constitutions |
Fundamental principles of society that guide that enactment of specific laws and the application of those laws by courts. |
Guide that protects the laws and interprets in courts for the people. They are state and federal. |
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Statutes |
Specific laws passed by legislatures that prohibit or mandate certain acts. |
Laws that are passed by the legislatures or US Congress. |
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Ordinances |
Laws that apply to a specific county, city, or town. |
Laws only made for that specific city/town. |
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Criminal (penal) code |
A compilation of all the criminal laws of a jurisdiction. |
Laws that are similar are combined into one law or volume. |
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Case Law |
Judicial application and interpretation of law as it applies in a given case. |
Third source consists of court decisions. |
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Precendents |
Previous court decisions that are followed in current cases to ensure consistency in the application of the law. |
Judges are required to follow previous decisions |
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Administrative Regulations |
Rules applied to organizations that are designed to protect public health, safety, and welfare in the marketplace. |
Fourth source to force criminal law to do penalties. |
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Consensus Law |
View that law reflects society's consensus regarding behavior that is harmful enough to warrant government intervention. |
Theory that consents genuinely by the group. |
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Conflict View |
View that an act becomes a crime only when it serves the interest of those in positions of power. |
Theory that are different groups within the society. |
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Common Law |
Body of unrecorded decisions made by English judges in the Middle Ages, reflecting the values, customs, and beliefs of the period. |
It starts as a source for the citizens then eventually becomes a law. |
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Criminal Justice system |
More than 55,000 government agencies in the United States that deal with aspects of crime, including criminal law enforcement, the courts, and corrections. |
Agencies that belong to the government deal with the system. |
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Due Process (Constitutional) |
A legal protections included in the U. S. Constitution that guarantees all citizens the right to be adjudicated under established law and legal procedures. |
All legal procedures and protections for citizens. |
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Mens Rea |
The "Guilty Mind" or conscious decision to commit a criminal act. |
Thinking of a harmful act |
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Actus Reus |
The behavior that must be committed to meet the definition of a crime. |
The actual action of the crime |
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Attendant Circumstances |
Actus Reus for the crime is entry into or the remaining in a building, while the mens rea is "for the purpose of committing a crime therein." |
The coincidence(link) of the actual action of the crime and the thought. |
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Criminal Liability |
Establishing the presence of the elements of a crime in a given case, thereby subjecting the accused person to criminal penalties. |
Punishment under criminal law |
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Constructive Possession |
A condition in which a person has the opportunity to exercise control over an subject. |
Opportunity to exercise control over something |
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Actual Possession |
A condition in which a person as exclusive control over an object. |
Exclusive control over something |
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Reasonableness standard |
A standard under which persons are culpable for their actions if they understand the consequences of those actions. Young children and the mentally ill are generally not held culpable owing to their inability to reason effectively. |
Courts use behavior causing hypothetical. |
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Intention |
Conscious purposiveness in conduct; a factor in the determination of criminal responsibility. |
Something done on purpose. |
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Insanity defense |
A claim that the defendant was not sane under law at the time of the act. |
The rights were not read to the defendant. |
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Battered woman syndrome |
An ongoing pattern of severe physical abuse that constitutes a continual threat of harm. |
Permit people to act on self defense, especially woman. |
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Duress |
A defense in which a person claims to have engages in criminal conduct because of a threat of immediate and serious bodily harm by another person. |
3 things mist be met. |
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Necessity |
A defense in which a person claims to have engaged in otherwise criminal behavior because of the forces of nature. |
Crime is committed due to feeling forced. |
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Mistake of fact |
A defense in which a person claims that honest ignorance rules out the presence of a "guilty mind." |
Accidentally commits a crime without the intention. |
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Ignorance of law |
A defense in which a defendant claims that a law is not widely known and that the person could not have been expected to be aware of it. |
Law is broken due to lack of knowledge or awareness. |
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Entrapment |
A defense designed to prevent the government from manufacturing crime by setting traps for unwary citizens. |
It only exists if the defendant was not predisposed to commit the crimes in question. |
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Bill of Rightss |
The first ten amendments to the Constitution-details many of the requirements for adjudication, such as arrests, warrants, searches, trails, lawyers, punishment, and other important aspects of criminal procedure. |
1st 10 amendments that have the requirements to take legal actions. |
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Criminal Defenses |
It has to meet 3 categories: A. Mental Illness B. Force Justification/Excuse has to be both part of A&B C. Negating (Albany, witness, evidence.)
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All three categories must meet. |
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Probable cause |
A reasonable link between a specific person and a particular crime; the legal threshold required before police can arrest or search an individual. |
Need this in order to obtain a search warrant, evidence, etc. |
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Warrant |
A sworn statement by police that attests to the existence of probable cause in a given case; it is signed by a judge who agrees with the officers assessment of the facts. |
Statement signed by a judge once police gives probable cause. |
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Arrest |
Process of taking a suspect into custody for the purpose of prosecution. |
Taking a person into custody. |
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Booking |
A procedure in which an official record of the arrest is made |
Recording the official arrest of the suspect. |
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Summons |
A written notice to appear in court. |
The written notice mandating to show up to court. |
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Bail |
A form of pretrial release where the court holds, money, or property to ensure that the arrestee will appear for trail. |
Money given to get peron out of jail until pretrial. |
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Surety |
Bail posted by a bondsman on behalf of an arrestee. |
Bondsmand paying the percentage and taking the responsibility of the arrestee. |
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Plea |
A statement of innocence or guilt. |
Statement by the defendant stating his guilt or innocent. |
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Arraignment |
A hearing where the defendant is informed of the changes and of his or her rights and enters a plea. |
This appearance is for minor crimes. |
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Information |
A formal accusation of a crime filed by a prosecutor based on the findings of a preliminary hearing. |
Accused by the prosecutor based on the evidence. |
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Grand Jury |
A group of citizens who hear the evidence presented by a prosecutor to determine whether probable cause exists to hold a person for trail. |
Group of citizens randomly chosen to help determine the decision of the trail. |
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Indictment |
A formal accusation of a crime based on the vote of a grand jury. |
The decision made by the grand jury for the arrestee. |
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Bench Trial |
A trial in which the judge determines guilt or innocence. |
Both attorneys of each party presents their case to the judge. Judge makes the decision. |
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Jury Trial |
A trial in which the jury determines guilt or innocence. |
Both attorneys of each party present their case to the jury. |
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Acquittal |
A finding after trial of not guilty. |
After arrestee is found not guilty, no further legal action can be taken. |
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Conviction |
A finding of guilt beyond a reasonable doubt. |
Judge or Jury tells the arrestee they are guilty. |
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Sentencing |
A judge's decision as to what is to be the most appropriate punishment, given the type of crime and offender, and within a specified range established by law. |
The amount of time given to the criminal and the type pf punishment. |
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Presentence Investigation |
An investigation by the probation department that seeks information regarding the offender's personal and social background, criminal record, and any other information that may help the judge match the sentence to the offender. |
Judge will ask the probation department to do investigation on the arrestee before giving the amount of time being served. |
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Incarceration |
Segregation of offenders from the rest of the community in jails or prisons to rehabilitate, incapacitate, or punish them and to deter others from committing similar crimes. |
Separates offenders from the outside by putting them in prisons. |
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Parole |
A phase of the criminal justice system in which an offender completes the end of a prison sentence under supervision in the community. |
The offender can be released sooner than their sentencing time and be under supervision. |
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Appeal |
A review of lower court decision by a higher court to look for errors of law or procedure. |
Offenders can appeal their sentencing time after given their time. |
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Justices |
The title of the judges of an appellate court. |
This court discuss the issue and votes whether it was a fair conviction. |
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Mistrial |
A trial that has been declared invalid because of a substantial error in law or procedure. |
If found mistakes prosecutors/defenders will do a new trial and offender will not be charged twice for the same crime. |
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Trail Sequence |
1. Law 2. Crime 3. Investigation 4. P/C (Probable cause) 5. G/J (Grand Jury) 6. Search/arrest 7. Booking
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8. IA (Initial appearance) Usually can have bond within 48 hrs. 9. PH (Preliminary Hearing) Starts w/20-26 people & only 12 get to proceed. 10. Arraignment/Plea Judge always reads charges 11. Pre-Trial Motions Cleans up extra info,typos, handles admin. stuff 12. Trail- verdict 13. Sentencing 14. Appeal Defendant doesn't agree w/results & can reject 1 time. |
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Verdicts |
There are 5 different verdicts: A. Guilty B. Not Guilty *C. No Contest *D. No Plea *E. Conditional Plea
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No Contest- Same to guilty No Plea- Same as not guilty Conditional Plea- Guilty but holding a partial to take it to the next level. |
