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34 Cards in this Set
- Front
- Back
criminal law
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behavioral code between individual and state
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civil law
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behavioral code between individuals
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penal code
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the criminal law of a political jurisdiction
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tort
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a violation of the civil law
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substanive law
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the body of law that defnes criminal offenses and their penalties
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procedural law
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the body of law the governs the ways in which substantive laws are to be administered (how we need to do things)
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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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politically, specificity, regularity, uniformity, penal sanction
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ideal characteristics of the criminal law
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politically
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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
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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 persons, regardless of social status
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uniformity
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an ideal characteristic of criminal law: the enforcement of tha 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 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
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stare decisis
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the principle of using precendents to guide future decisions in court cases
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searches
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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
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seizures
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the taking of persons or property into custody in response to violations of the criminal law
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warrant
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a written order from 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 is 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"; a mere suspicion, a law enforcement officer cannot legally even stop a suspect
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resonable suspicion
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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
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frisking
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conducting a search for weapons by lightly patting the outside of a suspect's clothing, efeling for hard objects that might be a weapon
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probable cause
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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
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preponderance of evidence
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evidence that 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 cases, 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 neccessary 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 offence when jeopardy attached in the first trial and a 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 the offense charged
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doctrine of fundamental fairness
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the rule that makes confessions inadmissible in criminal trials if they were obtained by means of either psychological manipulation or "third-degree" methods
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venue
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the place of the trial; must be geographically appropriate
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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 a testimony; it can also require that documents and objects be made available for examination by the court
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