Criminal Law & Procedure Terms

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criminal law

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the breanch of law that identifies conduct subject to porsecution and penalty by the state, and the procedurew by which it is carried out

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rule of law

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the principle that all people and organizatins, both governmental and private, in a natin or stae must obey the establishted laws rather than be above the law or conduct theri lives and business any way they choose

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federalism

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the relationship between the national governement and each stae, and the relationship among state

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enumerated powers

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powers held by the federal goernment as tehy ar specifically spelled out in the U.S. Constitution

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Commerce Clause

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A constitutional provisiontht gives Congress teh power to regulate and control commerce with foreign countries and between states

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Necessary and Proper Clause

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A constitutional provision that allows the Congress to enact all laws it deems appropriate for it to carry out the powers and functions granted to it by the Constitution

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dual sovereignty

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The constitutional doctrine that recognizes that often the federal governemnt and the sate governments have legittimate interests int eh same legal matter

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extradition

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The process that provides for a fugitive from justice from one state to be arrested in another state and be returned to the original state for trial.

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selective incorporation

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the process by which the U.S. Supreme Court has made many individual rights enjoyed by citizens via the U.S. Constitution applicable tothe states as well.

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law

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A set of formal rules enacted by governement officials that governs the relationships among citizens, businesses, government, and nations for the purpose of maintaining society and preventing chaos.

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civil law

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law that defines the rights of individuals in their relationships with other individuals and establishes a process for righting wrongs, mainly through monetary reimbursement

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canon law

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law of the church that preserved significant aspects of Roman and other law through the Middle Ages

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common law

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Traditional law origninating in England, recorded in judicial opinions rather thatn legislative statutes.

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legal precedent (stare decisis)

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A previous court decision that serves as an authority in a subsequent case with similar issues in question.

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stare decisis

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Let the decision stand, precedent.

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trial by battle

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A process used in common law England by which the innocence of a party was judged by having the accuser and the accused engage in battle until one of them was killed or could no longer continue to fight. It was believved that God would favor the innocent and allow that party to win.

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trial by ordeal

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A type of trial by battle; using infliction of injury or pain to determine, by supernatiural means, whether the accused is guilty of a crime

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Magna Carta

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English document signed in 1215 that established the principles of fair procedure and protections fo rthe accused that are still corner-stornes in our criminal justice system.

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writ of habeas corpus

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A document filed with the court asking tha tthe accused, who is imprisoned, be brought into court to determine the legality of the imprisionment.

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ex post facto laws

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Laws that are passed after the act is committed.

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Model Penal Code and Commentaries

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A guide by the American Law institute to reform and unify criminal law in the US

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quasi-legislative

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A phrase used to describe the power given to an administrative agency to enact rules and regulations, to act in a legislative capacity

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substantive criminal law

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Definitions of crimes and principles governing punishment

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procedural criminal law

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The rules that hte prosecution, the defense, and the courts must follow for the step-by-step processing of a person form accustation to sentencing and appeal

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due process

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Fifth and Fourteenth amendment right not to be deprived of life, liberty, or property without a process taht is fundamentally fair and just

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substantive due process

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A restraint on governemnt prohibiting law that are too vague, overbroad, unreasonable, arbitrary, or capricious.

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procedural due process

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Requirement that hte steps ina criminal proceeding be fundamentally fair, assuring to some degree of certitude that justificationexists for arrest, procesution,a nd punishment

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notice

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Prior warning that specified conduct is prohibited.

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mala in se

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Inherently evil or obvious wrongs generally accepted by most societies through time as serious crimes.

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mala prohibita

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Crimes not inherently evil but sufficientyl bad to have been prohibited by law

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felony

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The most serious crime; requries a minimum of one year in a state or federal prison(not a county jail)

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capital crime

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A crime for which a persn can recieve the death penalty

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misdemeanor

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Lesser crime than a felony; penalties include fines and up to one year in a county jail(as opposed to prison)

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petty offense

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A misdemeanor punished by a maximum of six month's jail time or $500 fine, or both.

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violation

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Noncriminal offense, such as traffic violations and public drunkenness, for which the city, county, or state may only fine the offender

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retribution

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An expressed purpose of punishment reflecting the concept of just deserts.

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deterrence

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The prevention of crime as a goal of punishment

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general deterence

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Prevention of crime in society as awhole; to bring about conformity with society's norms by identifying bad conduct

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individual (specific) deterrence

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Incapacitation or punishment to prevent criminals from repeating as offenders

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recidivism

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Repeat offenses

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rehabilitation

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The objective of criminal law to reform criminals and give them the ability to compete in society.

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restorative justice

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A sentencing method that gives the perpetrator of a crime a role in repairing the harm to the victim.

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Attorney General Opinions

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A set of nonbinding advisory opinions on law

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probation

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A judicial sentence that permits a convicted person to remain free as long as that person meets the conditions imposed by the courts

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parole

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Release awarded to prison inmates afterthey serve part of their prison sentence

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arrest

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The physical or implied seizure or taking into custody of a person by police, significantly restrictingthe person's freedom of movement and subjecting him or her to the authority of the officer

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book

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To record basic information, including fingerprints and photographs from a suspect.

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initial appearance

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First court appearance where the judge informs the accused of the charges and basic rights to an attorney and to remain silent, and sets bail

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bail

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The amount of money or property that a defendant must post to be released; assurance to the court hat th defendant will return to court when required to do soj

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summary trial

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For minor charges, a brief judicial inquirey of the suspect and the police to determine quilt

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preliminary hearing

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court apppearance to determine if there is probable cause to believe that the defendant has committted the crime as charged

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probable cause

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The quantum of reliable facts under the circumstances that justifies a reasonable person to believe taht which is stated or alleged, "more tahn a bare suspicion" and " less than evidence that would justify...convicition."

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grand jury

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A body of citizens that hears evidence regarding possible criminial activity and deciddes whether that evidence is sufficient to bring an accused to trial; serves the same function as the preliminary hearing

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arraignment

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An appearance before the judge where the charges, as decided at the preliminary hearing or by the grand jury, are read and a plea is entered.

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information

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Criminal charging document produced by a preliminary hearing

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indictment

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Criminal charging document produced bythe grand jury

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plea bargain

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Negotiatied settlement where the prosecutor reduces the charge, number of charges, or the recommended sentence inreturn for the defendant's plea of guilty

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beyond a reasonable doubt

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The burden of proof borne by the state in a criminal trial; proof of sufficient weight to exclude any other reasonable explanatin than the defendants guilt

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acquit

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To find not guilty of a crim

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sentence

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Assessment of penalty for a crime

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judgment of guilt and sentence

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The document entered by the court after sentencing from which the defendant may appeal

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writ of habeas corpus

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Prevents incarceration without justification; requires law enforcement to present the individual before a judge to determine whether the person has been fairly convicted and incarcerated

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adversary system

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A highly competitive issue-resolving process in which two opposing sides attempt to provide the best information they can to convince the neutral tribunal of judge or jury to decide the issue in their favor

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zealous representation

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The act of providing legal advice and services to a client by pursuing all possible remedies and defenses within teh boundaries set by the law

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judicial independence

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Objective, impartial decision making free of political, personal, and corrupt influences, includingthose of special interest groups

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professional ethics

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Rules of conduct that govern the practice of that profession

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legal advice

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independent professional judgment based on knowledge of the law and given for te benefit of a particular client; maybe offered only by an attorney

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conflict of interest

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Two significant and opposed matters of futy or allegiance, where to act favorably on one of the matters will or may appear to be detrimental to the other

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pro bono

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Provision of free legal services to the poor.

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harm

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Actual damage, injury, or losss that must occur as the result of an act for that act ot be considered criminal

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Inchoate

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Something that is unfinished or partially finished, i.e., an inchoate crime is an attempted crime

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actus reus

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Wrongful or guilty act

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omission

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Failure to act

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possession

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The acquistion of something and then the failure to get rid of it

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actual possession

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The object is on the person, under direct physical control, or within reach.

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constructive possession

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KNOWLEDGE OF WHERE AN ILLEGAL ITEM IS AND CONTROL OF THAT AREA

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mens rea

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A wrongful state of mind or the intent to commit a crime

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motive

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The reason behind the intent

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hate crime

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A crime motivated by bias against the victim;s race, religion, sexual orientation, or other status.

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enhanced sentences

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Sentences taht are increased or made longer due to recidivism, habitual criminal activity or because the perpetrator is motivvated by hate or bias.

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purposely

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Intending to accomplish a specific result

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knowingly

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To know that a specific type of conduct will almost certainly bring about a particular result, but without necessarily intending taht or a related result; a state of awareness that a certain fact or circumstance exists

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recklessly

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Knowing that there is a substantial and unjustifiable riisk that conduct might cause a particular result but not intending the harmful result

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wantonly

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Maliciouly or arrogantly diregardingthe known rsk to the rights or safety of others

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negligently

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Thoughtlessly or carelessly creating a significant unjustifiable risk of harm without realizing the risk has been created or without he intent to create the risk, yet the act is such taht a reasonalbe person would have known that the act created such a risk

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general intent

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Intent to commit the act itself, but not necessarily to cause the results

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specific intent

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Carrying out an act for the purpose of achieving the resulting harm

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transferred intent

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Criminal liability for the harm to a person other than the intended victim

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concurrence

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The logical and consistent connection that must exist between teh perpetrator's wrongful intent andthe wrongful act, and between the wrongful intent and the resulting harm, for criminal liability to attach

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strict liability

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Requires a wrongful act only; the state of mind is irrelevant

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causation

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The link between the intent, the act, and the harm

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corpus delicti

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The '"body fo the crime"; proof taht loss or injury occurred as the result of someone's criminal conduct

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proximate cause

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The act that is most closely and directly responsible for the injury

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supervening or superseding cause

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A new and independent act of a third personor another force that breaks the causal connection between the original wrong and the injury, the new and independent act is the proximate cause of the injury

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complicity

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Assisting or participating in a criminal endeavor; working as an accomplice to a crime.

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principal

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one having participation in and responsibility for a crime

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accomplice

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One who aids and abets the primary actor through encouragement or active involvement in teh commison of a crime

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accessory

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One guilty of complicity either before or after the crime

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accessory after the fact

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One who gives aid to a known felon after the commission of the crime

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vicarious liability

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Culpability of one person for the criminal act of another

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corporate liability

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Culpability of a corporation for the criminal act of one of its representatives

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respondeat superior

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the employer is responsible for the acts of the employee carrying out the employer's business