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39 Cards in this Set

  • Front
  • Back
Substantive criminal law
Prohibits certain forms of conduct by defining crimes and establishing penalties
Procedural criminal law
Regulates the enforcement of the substantive law, the determination of guilt, and the punishment of those found guilty.
Judicial review
The power of the courts to invalidate substantive laws and procedures that are determined to be contrary to the constitution
Actus Reas
A wrongful act, specifically prohibited by criminal law
Mens rea
Criminal intent. (not motive)
Strict liability offenses
A crime in which you can be found guilty without intent being necessary.
carry a sentence of over one year
carry a sentence of less than one year
Mala inse
inherent wrong
mala prohibita
offenses because they are defined as such by the law
English common law
basis of our criminal law system.
generally applicable law enacted by legeslation
Stare Decisis
the docterin of deciding cases by precedent
define certain criminal violations
police power
the broad authority to enact prohibitions to protect public orderm safety, ect.
Model penal code (MPC)
general proviosions concerning criminal liability, definitions of specific crimes, defenses and sentences
Ex post facto laws
an act cannot be made a crime retroactively. to be a crime, it must be illegal when commited
due process of law
refers to those procedural safegaurds necessary to ensure the fundamental fairness of a legal proceeding
Specific intent
the actors mental purpose to accomplish a particular result beyond the act itself.
two most fundamental parts of due process
fair notice (opportunity to lwarn of the charges) and fair hearing (opportunity to contest those charges)
all potental trial jury members
three basic parts of criminal law
1)constitutional supremicy
3)seperation of powers
Voir dire
the jury selection process
peremptory challange
used to generally strike a juror for no real reason, limited uses
challenge for cause
no limit, must have a reasonable reason to invoke, strikes a possable juror
constitutional supremicy
no entity can passs any law that goes aginst the constitution
basic goals of criminal justice system. (4)
1) retribution
2) Deterrence
3) Incapacitation
4) rehabilitation
enumerated powers
powers mentioned specifically in article 1 section 8 of the constitution
the division of authority between the national government and individual state governments
reference used to find the most current rulings on federal law, by subject matter
seperation of powers
the division of government into 3 distinct branches. legeslative, judicial, and executive.
plain meaning rule
what does the statute state?
legislative intent
what did the legeslation mean when making the statute?
due process
fair notice and fair hearing
fruit of the poisionus tree doctrine
you can not use or act on evidence that was wrongfully obtained.
goals of punishment
types of punishment
death penelity, incarceration, monetary fines, forfeiture of property, probation, restitution, community service, loss of civil rights
states of mind in mens rea
1) purposfully/intentionally
2) knowingly
3) recklessly
4) negligently
general intent
prohibited event is likly to occur as a result of the act commited