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34 Cards in this Set
- Front
- Back
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Tort |
A violation of a civil law |
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Criminal law |
A formal means of social control that uses rules which are interpreted and enforced by the courts to set limits to the conduct of the citizens to guide the police / prosecutor And to Define conditions of deviance or unstable behaviors |
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Civil law |
A means to solve conflicts between individuals to include personal injuries contracts and property administrative laws in public utilities |
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Substantive law |
The body of law defining criminal offenses and their punishment |
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Procedural law |
The body of law that governs the way substantive laws are administrated |
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Due process of laws |
The rights of people suspected of or charging with crimes |
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P S R U Ps All stand for |
Politicality Specificity Regularity Uniformity Penal sanction |
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Politicality |
Violation of rules made by the state |
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Specificity |
Providing strip definitions of specific acts |
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Regularity |
Apply to all person regardless of social status |
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Uniformity |
Enforced against any violators regardless of social class |
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Penal sanction |
Subject to punishment or threatened punishment by state |
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Common law |
Also referred as a case law a by-product of decisions made by appellate court and trial judges who proceed case laws whenever they render a decision |
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Precedent |
A decision that forms potential basis for deciding the outcome of similar cases in the Future |
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Stare decisis |
The principle of using precedents to guide future decisions in court Latin for "to stand by decisions cases " |
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Chimel vs California |
Officers can only search the area in the immediate vicinity/ control of the suspect |
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Harris vs United States |
Offices may seize any item without a warrant if they are lawful in a position to view the item and if it is immediately apparent the item evidence or contraband |
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Terry vs ohio |
With Reasonable Suspicion an officer may stop and frisk a suspect for weapons by patting the outside of clothing and feeling for weapons |
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Mere suspension |
Gut feeling hunch |
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Reasonable suspension |
Forces can articulate the suspicion can stop and frisk |
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Probable cause |
Needed to make a search for an arrest |
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Preponderance of evidence |
Sufficient evidence to overcome doubt |
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Exclusionary rule |
Illegally obtained evidence must be excluded from trials |
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Weeks vs United States |
Refers to federal trials |
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Mapp vs ohio |
Refers to state trials |
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Double jeopardy |
The trying of Defense a second time for the same offense when Jeopardy was attached to the first trial in the mistrial was not declared |
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Self incrimination |
Being a witness against oneself |
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Confession |
An admission by a person accused of a crime that he or she committed the offense for he or she is charged |
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Miranda vs Arizona |
To be advised of one's right at the time of police questioning if the suspect makes is known they wish to remain silent than all questions must be seized if they make it known that they want an attorney present during questioning must be seized until an attorney is present |
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Venue |
The place of the trial must be geographically appropriate |
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Subpoena |
A written ordered by the court to appear in person and approved testimony may also require a specific document to be made available for examination |
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Gideon vs wainwright |
The right to have court appointed Council for indigent defendant facing felony charges in state courts |
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Argersinger vs hamlin |
The right to have court-appointed counsel for indigent defense facing misdemeanor charges in State Court which a jail sentence might result |
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Alabama vs sheldon |
Basically stated that any indigent defendant had the right to counsel if a punishment were to end up an actual the deprivation of personal Liberty |
