How can we help?

You can also find more resources in our Help Center.

33 terms

Chapter 1

The nature and history of criminal law
STUDY
PLAY
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