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chapter 4
Term | Definition |
---|---|
Criminal law | one of two general types of law practiced in the law. |
Penal code | although crime is committed against individuals it's considered offense against the state |
Tort | A violation of civil law and is considered a private manner |
Civil law | includes law the law of contracts and property as well as subjects such such as administrative law |
Substantive law | body of law that defines criminal offenses and their penalties |
Procedural law | sometimes called "adjective or remedial law" governs the way substantive laws are to be administered |
Due process of law | rights of people suspected of or charged with crimes |
Politicality | refers to the legitimate source of criminal law only violations of rules made by state |
Specificity | refers to scope of criminal law. although civil law may be general in scope |
Regularity | is the applicability of the criminal law to all persons ideally anyone who commits a crime is answerable to it |
Uniformity | refers to the way in which the criminal should be enforced administered without regard for the social status of person who has committed crime or accused |
Penal sanction | principle that violators will be will be punished or at least threatened with punishment by state |
Precedent | deciding the outcomes of similar cases in the future |
stare decides | principle of using precedents to guide future decisions in court cases Latin for "to stand by decided cases" |
Searches | explorations or inspections, by law enforcement officers , of homes, premises vehicle |
seizures | the taking of persons or 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,either actual or physical custody |