Study sets, textbooks, questions
Upgrade to remove ads
Terms in this set (40)
One of the most important influential defintions comes from sociologist Max Weber
Max Weber viewed LAW as a rule of conduct that is externally guaranteed by the probability that coercion (physical or psychological), to bring about conformity or avenge violation.
Weber's definition of law has been modified into 3 distinct elements:
1. Explicit rules of conduct
2. Planned use of sanctions to support the rule
3. designed officials to interpret and enforce the rules, and often to make them
also referred to as penal law, is that body of law that defines conduct that is criminally punishable by the govenment as a wrong committed against the people in the society as a whole.
In contrast, wrongs committed against an indiviudual, such as defamation, are the realm of torts, a branch of civil law.
Civil Law also encompasses business law (e.g. corporate and contract law), family law (e.g. marriage, divorce, and child custody), and property law (e.g. the law of real estate; wills, trust, estates, and inheritance; and landlord-tenant relations).
Criminal Law is often studied from 2 perspectives: substantive and procedural.
Substantive Criminal Law
Sets forth legal prescriptions and proscriptions the "rules" of what one must do, may do and may not do.
EX- Homicide statutes are examples of a substansive law. The rules regulating how police investigate a homicide, such as searching for and seizing evidence and interrogating suspects, are examples of criminal procedure.
Procedural Criminal law
Sets forth the mechanisms through which substansive law are adminstered.
law that sets forth the mechanisms through which substansive criminal laws are adminstered for example- the laws that regulate how police investigate crimes, such as searching for and seizing evidence and interrogating suspects.
Crime Control Model
The repression of criminal conduct through prevention and the swift apprehension, conviction, and punishment of offenders. One of Herbert Packer's two competing conceptualizations of value systems that function in the U.S. system of criminal justice. Compared to Due Process Model.
Due Process Model
Crime prevention through due process of law vis-a-vis formal, adjudicative, adversary fact finding processes that are concerned with legal guilt. One Herbert Packer's two competing conceptualizations of value system that function in the U.S. system of criminal justce. Compare to Crime Control Model.
Due Proccess Revolution
The U.S. Supreme courts ideological shift during the 1960s civil rights era toward "constitutionalizing criminal procedure with a focus on individual rights and liberties.
ratification of bill of rights
on september 25, 1789 Congress proposed the first 10 amendments to the new constitution the bill of rights. the ratification of the bill of rights was completed on december 15, 1791.
Bill of Rights
The first ten amendments to the Constitution added to guarantee basic individual liberties, including freedom of religion, and freedom to assemble and petition the govenmnet. The 14th amndement's Due Process.
authorized to settle disutes among states, to conduct realtions with foreign govenmnets, & to act in certain matters of common national concern.
an appeal to the 14th amendment's Due Process Clause posting that fundamental rights those implicit in the concept ordered liberty apply to the states as well as the federal gov.
Collateral estoppel doctrine
an issue of ultimate fact that has once been determined by a valid and final judgment cannot again be litigated between the same parties in any future lawsuit.
the power of the courts to invalidate acts of the ligislative or executive branches upon a judicial determination that such acts violate a provision of the U.S. Constitution.
body of rules enacted by public officals in a legitimate manner & backed by the force of the state.
(produce the body) commanding him or her to bring the body of the person detained before a judicial officer &to show cause whether the detention is legal.
Bill of attainder
a special act of legislature that declares a person or group of persons has committed a crime and imposes punishment without a court trial. Under our system of separtion of powers, only courts may try a person for a crime or impose punishment for violation of the law.
Expost Facto Laws
(after the fact) one which makes that criminal which was not so at the time the action was performed, or which increases the punishment or relation to the offense or its consequences, alters the situation of a party to his disadvantage.
Section 2 requires that federal criminal trials be held in federal courts sitting in the state in which the crime was committed.
actions that attempt or conspire to overthrow a government other or help a foreign government other throw, make war against, or seriously injurie one's nation (Treason is the only crime to be defined in the U.S. Constitution.
Double Jeopary Clause
the 5th amendment to the U.S. Constitution that prohibits rhe same sovereign (the federal government or a state government). from prosecuting someone for the same offense after acquittal or conviction, and from imposing multiple punishments on someone for the same offense.
Double Jepardy Clause "protects only against the imposition of muliple criminal punishments for the same offense". It does not protect against criminal prosecution of a person after the person has been penalized in a civil proceeding.
when an issue of ultimate fact has once been determened by a vaild & final judgment that issue cannot again be litigated between the same parties in any future lawsuit.
Due Process of Law
found in bothe the 5th & 14th Amendements. The Due Process Clause prohibits deprivation of life, liberty, or property without fundamental fairness through governmental conduct that offends the communtiy's sense of justice, dency and fair play.
Procedural Due Process
The right to timley notice of a hearing or trial that adequately informs the accused of the charges against him or her.
The right to present evidence in one's own behalf before an impartical judge or jury.
The right to be presumed innocent until proven guilty be legally obtained evidence and the right to have the verdict supported by the evidence presented at trial.
The due process of law also applies to noncriminal matters & does not necessaily required proceedings in a court or a trial by jury in every case involving personal or property rights.
Substantived Due Process
basic protections against the enactment by states or the federal government of arbitrary and unreasonable legislation or other measures that would violate people's rights.
Equal Protection of laws
No State may adopt laws, regulations, or policies that establish categories of people reserving unequal treatment on the basis of race, religion, or national origin.
the 14th Amendement that no state shall "deny to any person within its jurisdiction the equal protection of the laws.
Prohibits states from denying any person or class of persons the same protection of the laws enjoyed by others persons in similar circumstances.
Effective assistance of Conunsel
The principle that merely providing the accused with an attorenyis not enough, that attorney must defend the accused in a reasonably competent manner.
The 6th Amendment guarantee of the right to counsel to assist the accused in all criminal prosecutions is meaningless if counsel's representation falls be low an objective standard of reasonableness.
to obtain the release from custody of an arrested or imprisoned person by pledging money or other property as a guarantee of the person's apperance in court at a specified date & time.
Cruel and Unsual Punishment
It's prohibited under the cruel & unusual punishment clasue of the 8th Amendment limits the punsihment that may be imposed on conviction of a crime in 2 ways:
1.) by imposing substantive limits on what can be made criminal & punished as such and
2.) by prohibiting certain kinds of punishment, such as torture & divestiture of citizenship that violate "evolving standards of decency that mark the progress of a maturing society".
The notion that the punishment should "fit the crime". The principle that limits the criminal sanction by prohibiting punishment that is grossly excessive in relation to the crime committed.
The Supreme Court has equivocated on whether the 8th Amendements crule & unusual punishment clasue includes, as part of its guarantee, any requirement of proportional punishement.
Standard of Review
The strictness (or level of deference) with which an appellate court will review the actions of a lower court.
Examines whether a challenged law is narrowly tailored to acieve a compelling governmental interest. Strict Scrutiny is used to adjudicate both Equal Protection clause and Due Process Clause that infringe upon fundamental rights.
Laws that implicate the constitutional guarantee of equal protection of the laws by differentiating or drawing distinctions between classes of people based on race, religion, and national origin.
Those rights that are fundamental to U.S. notions of liberty and justice, such as the freedom of speech, the freedom of religion, the freedom to travel, the right to access the courts, and the right to vote.
Asks whether a governmental classification is substantially related to achieving an important governmetal interest.
Intermediate Scrutiny is used to adjudicate equal protection clase issues that inlvove quasisupect classifications.
Laws that implicate the constitional guarantee of equal protection of the laws by differenting or drawing distinctions between classes of people based on sex or gender or illegitimacy.
rational basis test
In Constitutional adjudication, the lowest standard of review (the most defeerential) is rational basis test.
it asks if the governmental classification at issue is rationally related to a legitimate governmental interest. used to adjudicate all due process clause issues that do not involve a right or classification that gives rise to a higher, more deferential standard of review.
Sets with similar terms
Criminal Procedure: Criminal Justice Professional
CJ 341 Ch 1
PCC Criminal Law Chapter 1
Other sets by this creator
LAW 200 Chapter 1
Solving a Deadly Puzzle
LARS 5 Chapter 9 "Business", Reading One…
Other Quizlet sets
CJ Exam 2 Study Guide
Criminal Law Midterm
CRIM 435 PSU Exam 1
Crim Procedure quiz 1
What can Wisconsin municipalities do to regulate fair housing?
items included in the sale price of real estate
If a seller is charged with violating the Robinson-Patman Act by engaging in price discrimination, a possible defense is:
If you intend to strike Bob, but miss and hit Susan instead...