A written law. "The law on the books." As enacted by a government body or agency having the power to make laws.
Serves as a guide to decision making especially in court. Based on past interpretation of statutory law.
The body of law origination from usage and custom rather than written statutes. "Unwritten Law"
Rule of law
an orderly society must be governed by established principles and applied uniformly and fairly to all members.
The body of rules and regulations that define and specify the nature of punishments for offense of a public nature or for wrongs committed against state or society.
A legal principle that previous judicial decisions are considered and incorporated in future cases
A criminal offense punishable by death or incarceration in a prison facility for at least one year.
Minor violation of state statute or local ordinance. Fine or penalty or specified minor incarceration.
A U.S. citizens actions to assist foreign government in overthrowing, starting war with, or injuring the United States
Gathering, transmitting, or losing of information related to national defense in a way that information becomes available to enemies.
When a person fails to perceive substantial and unjustifiable risk with dangerous consequence. (failure to know you are committing a crime or stopping someone else from committing one you see playing out)
A liability without fault or intent. Strict liability does not require mens rea (guilty mind)
A legally recognizable cause. Must be demonstrated in court in order to hold and individual liable for causing a crime.
ex post facto
"after the fact" you cannot be tried for a crime if the law was enacted after the offense was committed
Element (of a crime)
In a specific crime, an essential element of a crime, as specified by law or statute.
defense ( to a criminal charge)
evidence and arguments offered by a defendant and his attorney to show why he should not be held liable for criminal charge.
Shows a suspect was distant or engaged in a provable activity at the time the crime was committed.
defendant admits to the crime in questioning but reasons that it had to be done to stop greater evil
A legal defense when a defendant claims a personal condition or circumstance was such at the time that he or she should not be held accountable.
defense claims discrimination or improper conduct in an investigation or the time following
a degree of force that is reasonable in a given situation to protect oneself, ones property, a third party, or another's property in a threat.
A rule for determining insanity that asks whether or not the defendant knew what they were doing was wrong.
Guilty but Mentally Ill (GBMI)
Proving the defendant guilty though also showing that mental illness is sufficiently blameable for the acts.
Defense argues mental illness insufficient to exonerate but that may be relevant to mental elements of certain crime or degree of crime.
Providing an opportunity for a willing offender to commit a crime but not making them commit it.