Intro To Criminal Justice Chapter 4

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criminal law

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One of the two general types of law practiced in the United States (the other is civil law); "a formal means of social control [that uses] rules... interpreted [an enforced] by the courts ... to set limits to the conduct of the citizens, to guide the officials, and to define ... unacceptable behavior.

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penal code

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The criminal law of a polital system

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civil law

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One of the two general types of law practiced in the United States (the other being criminal law); a means of resolving conflicts between individuals. It includes personal injury claims (torts), the law of contracts and property, and subjects such as administrative law and the regulation of public utilities.

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substantive law

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the body of law that defines criminal offenses and their penalties.

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procedural law

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The body of law that governs the ways substantive laws are administered; sometimes called adjective or remedial law.

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due process of law

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The rights of people suspected of or charged with crimes

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politicality

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An ideal characteristic of criminal law,. referring to its legitimate source. Only violations of rules made by the state, the political jurisdiction that enacted the laws, are crimes.

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specificity

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An ideal characteristic of criminal law, referring to its scope. Although civil law may be general in scope criminal law should provide strict definitions of specific acts.

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regularity

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An ideal characteristic of criminal law; the applicability of the law to all person regardless of social status

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uniformity

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An ideal characteristic of criminal law; the enforcement of the laws against anyone who violates them, regardless of social status.

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penal sanction

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An ideal characteristic of criminal law; the principle that violators will be punished or at least threatened with punishment by the state.

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precedent

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A decision that forms a potential basis for deciding the outcomes of similar cases in the future; a by-product of decisions made by trial and appellate court judges, who produce case law whenever they render a decision in a particular case.

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stare decisis

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The principle of using precedents to guide future decisions in court cases; Latin for "to stand by decided cases."

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searched

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Explorations or inspections, by law enforcement officers, or homes, premises, vehicles, or persons, for the purpose of discovering evidence of crimes or persons who are accused of crimes.

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seizures

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The taking of persons or property into custody in response to violations of criminal law.

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warrant

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A written order form a court directing law enforcement officers to conduct a search or to arrest a person.

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arrest

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The seizure of a person or the taking of a person into custody, either actual physical custody, as when a suspect is handcuffed by a police officer, or constructive custody, as when a person peacefully submits to a police officer's control.

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contraband

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An illegal substance or object.

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mere suspicion

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The standard of proof with the least certainty; a "gut feeling." With mere suspicion, a law enforcement officer cannot legally even stop a suspect.

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reasonable suspicion

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A standard of proof that is more then a gut feelings. It includes the ability to articulate reasons of the suspicion. With reasonable suspicion, a law enforcement officer is legally permitted to stop and frisk a suspect.

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frisking

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Conducting a search for weapons by patting the outside of a suspect's clothing, feeling for hard objects that might be weapons.

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probable cause

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The amount of proof necessary for a reasonably intelligent person to believe that a crime has been committed or that items connected with criminal activity can be found in a particular place. It is the standard of proof needed to conduct a search or to make an arrest.

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preponderance of evidence

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Evidence that more likely then not outweighs the opposing evidence, or sufficient evidence to overcome doubt or speculation.

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clear and convincing evidence

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The standard of proof required in some civil cases and, in federal courts, the standard of proof necessary for a defendant to make a successful claim of insanity.

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beyond a reasonable doubt

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The standard of proof necessary to find a defendant guilty in a criminal trial.

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exclusionary rule

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The rule that illegally seized evidence must be excluded from trials in federal courts.

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double jeopardy

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The trying of a defendant a second time for the same offense when jeopardy attaches in the first trial and the mistrial was not declared.

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self-incrimination

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Being a witness against oneself. If forced, it is a violation of the Fifth Amendment.

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confession

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An admission by a person accused of a crime that he or she committed of the offense charged.

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doctrine of fundamental fairness

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The rule that makes confessions inadmissible in criminal trials is they were obtained by means of either psychological manipulation or "third-degree" methods.

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subpoena

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A written order issued by a court that requires a person to appear at a certain time and place to give testimony. It can also require that documents and objects be made available for examination by the court.