Chapter 1

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The nature and history of criminal law

Norms

UNWRITTEN RULES THAT UNDERLIE AND ARE INHERENT IN THE FABRIC OF SOCIETY

MORES

UNWRITTEN BUT GENERALLY KNOWN RULES THAT GOVERN SERIOUS VIOLATIONS OF THE SOCIAL CODE

MODEL PENAL CODE

A MODEL CODE OF CRIMINAL LAWS INTENDED TO STANDARDIZE GENERAL PROVISIONS OF CRIMINAL LIABILITY SENTENCING DEFENSES AND THE DEFINITIONS OF SPECIFIC CRIMES BETWEEN AND AMING THE STATES

CRIME

ANY ACT OR ONISSION IN VIOLATION OF PENAL LAW COMMITTED WITHOUT DEFENSE OR JUSTIFICATION AND MADE PUNISHABLE BY THE STATE IN A JUDICIAL PROCEEDING

CRIMINAL LAW

that body of rules and regulations that defines and specifies punishments for offenses of a public nature or for wrongs commited against the state or society, also known as penal law

treason

violation of allegiance toward ones country or soverign, the betrayal of ones own country by waging war against it or by consciously and purposely acting to aid its enemies

felony

a serious crime, generally one punishavle by death or by incarceration in a state or federal prison facility as opposed to jail

misdemeanor

a minor crime an offense punishable by incarceration usually in a local confinement facility, for a period of which the upper limit or prescribed by statute in a given jurisdiction typically limited to a year or less

infraction

sometimes called a summary offense; a violation of a state or statute or lacal ordinance punishable by a fine or other penalty. but not by incarceration

mala in se

acts that are regarded, by tradition and convention , as wrong in themselves. example murder, rape

mala prohibita

acts that are considered "wrongs" only because there is a law against them. ex: prostitution, drug use, gambling

property crime

a crime against property, burglary, larceny, auto theft, and arson

personal crime

aka violent crime, a crime committed against a person including murder, rape, aggravated assault, and robbery

public order offense

an act that is willifully committed and that disturbes public peace or tanquility. Fighting, breach of peace, disorderly conduct, vagrancy, loitering, unlawful assembly, public intoxication

morals offenses

a category of unlawful behavior that was orginally created to protect the family and related social institutions. included are lewdness, indecency, sodomy, and other sex related offenses.

subtantive law

that part of the law that creates and defines fundamental rights and duties

substantive criminal law

that part of the law that defines crimes and specifies punishments

procedural law

that aspect of the law that specifies te methods to be used in enforcing substantive law

statutory law

law in the form of statutesor formal written codes, made by a legislature or governing body with the power to make law

case law

the body of previous decisions, or precendents that has accumulated over time and to which attorneys refer when arguing cases and that judges use in seciding the merits if new cases

stare decisis

the legal principal that requires that courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them regarding subsequent cases on similar issues of law and fact. it means "standing by decided matters"

distinguish

to srgue or to find that a rule established by an earlier appellate court decision does applu to a case currently inder consideration even though an apparent similarity exists between the cases

civil law

that form of the law that governs relationjships between parties

tort

a private or civil wrong or injury. the unlawful violation of a private legal right other than a mere breach of contract, express or implied

jurisprudence

the philosophy of law the science and study of the law

moral enterprize

the activities or moral crusaders through which new laws are created

rule of law

the maximum that an orderly society must be governed by establised principals and known codes that are applied uniformly and fairly to all of its members

due process of law

those procedures that effectively guarentee indicidual righta in the face of criminal prosecution, the due course of legal proceedings according to the rules and forms that have been established for the protection of private rights, formal adherence to fundamental rules for fair and orderly legal proceedings. it is a constitutional guarentee.

natural law

rules of conduct inherent in human mature and in the natural order, which are thought to be knowable through intuition, inspiration, and the exercise of reason without the need for reference to man made law

common law states

jurisdiction in which principals and precedents of common law continue to hold sway

code jurisdictions

those states that have enacted legislation recognizing as criminal only that conduct specifically prohibited by statute

bill of rights

first ten ammendments to the constitution

jurisdiction

the geographical district or subject matter over which the suthority of a governmant body; the authority of a court to hear and decide and action or lawsuit

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