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Chapter 4 Vocab

TermDefinition
Criminal Law A formal means of social control that uses rules interpreted by and enforced by the courts to set limits to the conduct of the citizens,to the officials, and to define unacceptable behaviors.
Penal Code The criminal law of a political jurisdiction.
Tort A violation of the civil law.
Civil Law A means of resolving conflicts between individuals that includes injury claims, torts, the law of contracts,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.
Politically An ideal characteristic of criminal law referring to its legislative source.
Specificity An ideal characteristic of criminal law referring to its scope.
Regularity The applicability of the law to all persons regardless of social status.
Unifromity The enforcement of the laws against anyone who violates them.
Penal Sanction 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.
Stare Decisis The principle of using precedents to guide future decisions in court cases, also 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 of property into custody in response to violations of 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.
Contraband An illegal substance or object.
Mere Suspicion The standard of proof with the least certainty, "a gut feeling".
Reasonable Suspicion A standard of proof that is more than a gut feeling that includes the ability to articulate reasons for the suspicion. Needed to stop and frisk a suspect legally.
Frisking Conducting a search for weapons by patting the outside of a suspect's clothing by feeling for hard objects that might be weapons
Probable Cause The standard of proof needed 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, and is necessary for a defendant to make a successful claim of insanity.
Beyond a Reputable 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 excluded from 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,
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 either means of psychological manipulation or "third degree" methods.
Venue The place of the trial that must also be geologically appropriate.
Subpoena A written order issued by a court that requires a person to appear at a certain time and place to give testimony.
Created by: Robodrummer