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34 Cards in this Set

  • Front
  • Back
criminal law
behavioral code between individual and state
civil law
behavioral code between individuals
penal code
the criminal law of a political jurisdiction
tort
a violation of the civil law
substanive law
the body of law that defnes criminal offenses and their penalties
procedural law
the body of law the governs the ways in which substantive laws are to be administered (how we need to do things)
due process of law
the rights of people suspected of or charged with crimes
politically, specificity, regularity, uniformity, penal sanction
ideal characteristics of the criminal law
politically
an ideal characteristic of criminal law, referring to its legitimate source; only violations of the rules made by the state , the political jursidiction that enacted the laws, are crimes
specificity
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
regularity
an ideal characteristic of criminal law: the applicability of the law to all persons, regardless of social status
uniformity
an ideal characteristic of criminal law: the enforcement of tha laws against anyone who violates them, regardless of social status
penal sanction
an ideal characteristic of criminal law: the principle that violators will be punished or at least threatened with punishment by the state
precedent
a case 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
stare decisis
the principle of using precendents to guide future decisions in court cases
searches
exploraions or inspections, by law enforcement officers, of homes, premises, vehicles, or persons, for the purpse of discovering evidence of crimes or perons who are accused of crimes
seizures
the taking of persons or property into custody in response to violations of the criminal law
warrant
a written order from a court directing law enforcement officers to conduct a search or to arrest a person
arrest
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 is peacefully submits to a police officer's control
contraband
an illegal substance or object
mere suspicion
the standard of proof with the least certainty; a "gut feeling"; a mere suspicion, a law enforcement officer cannot legally even stop a suspect
resonable suspicion
a standard of proof that is more that a gut feeling; it includes the ability to articulate reasons for the suspicion; with reasonable suspicion, a law enforcement officer is legally permitted to stop and frisk a suspect
frisking
conducting a search for weapons by lightly patting the outside of a suspect's clothing, efeling for hard objects that might be a weapon
probable cause
the amount of proof necessary for a reasonably intelligent person to suspect 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
preponderance of evidence
evidence that outweighs the opposing evidence, or sufficient evidence to overcome doubt or speculation
clear and convincing evidence
the standard of proof required in some civil cases and, in federal cases, the standard of proof necessary for a defendant to make a successful claim of insanity
beyond a reasonable doubt
the standard of proof neccessary to find a defendant guilty in a criminal trial
exclusionary rule
the rule that illegally seized evidence must be excluded from trials in federal courts
double jeopardy
the trying of a defendant a second time for the same offence when jeopardy attached in the first trial and a mistrial was not declared
self-incrimination
being a witness against oneself; if forced, it is a violation of the Fifth Amendment
confession
an admission by a person accused of a crime that he or she committed the offense charged
doctrine of fundamental fairness
the rule that makes confessions inadmissible in criminal trials if they were obtained by means of either psychological manipulation or "third-degree" methods
venue
the place of the trial; must be geographically appropriate
subpoena
a written order issued by a court that requires a person to appear at a certain time and place to give a testimony; it can also require that documents and objects be made available for examination by the court