chapter 4
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33 terms
Terms | Definitions |
|---|---|
 criminal law | One of two general types of law practiced in the US (the other is civil law); "a formal means of social control {that uses }rules...interpreted {and enforced} by the courts...to set limits to the conduct of the citizens, to guide the officials, and to define...unacceptable behavior. |
| penal code | the criminal law of a political jurisdiction |
| tort | a violation of a civil law |
| civil law | One of two general types of law practiced in the US (the other is 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. |
| substantive law | The body of law that defines criminal offenses and their penalties. |
| procedural law | the body of law that governs the ways substantive laws are administered; sometimes called adjective or remedial law. |
| due process of law | the rights of people suspected of or charged with crimes. |
| politicality | 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. |
| 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 the 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 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. |
| stare decisis | The principle of using precedents to guide future decisions in court cases; Latin for "to stand by decided cases." |
| searches | explorations or inspections, by law enforcement officers, of homes, premises, vehicles, or persons, for the purpose of discovering evidence of crimes or persons 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 peacefully submits to a police officer's control |
| contraband | an illegal substance or object |
| mere suspicion | the standard of proof with the least certainty; "gut feeling." With mere suspicion, a law enforcement officer cannot legally even stop a suspect |
| reasonable suspicion | a standard of proof that is more than 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 patting the outside of a suspect's clothing, feeling for hard objects that might be weapons |
| probable cause | 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 neeeded to conduct a search or to make an arrest. |
| preponderance of evidence | evidence that more likely than not 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 courts, the standard of proof necessary for a defendant to make a successful claim of insanity |
| beyond a reasonable doubt | the standard of proof necessary to find a defendant guilty in a criminal trial |
| exclusionary rule | the rule that illegally seized evidence must be exc luded form trials in federal courts |
| double jeopardy | the trying of a defendant a second time for the same offense 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. It must be geographically appropriate |
| supoena | a written order issued by a court that requires a person to appear at a certain time and polace to give testimony. It can also require that documents and objects be made availabe for examination by the court. |
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