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Chapter 4
The Rule of Law
| Term | Definition |
|---|---|
| Criminal Law | One of two general types of law practiced in the united states (the other is civil law);" a formal means of social control [that uses] rules...interpreted [and enforced] by the courts ...to sets limits to the conduct of the citizens,to guide the officials |
| Penal Code | The criminal law of a political jurisdiction |
| Tort | A violation of the civil law |
| Civil Law | One of two general types of law practiced in the united states (the other is criminal law); a means of resolving conflicts between individuals.It includes personal injury claims (torts),the law of the contracts and property,and subjects such as administra |
| Substantive Law | The body of law that defines criminal offenses and their penalties |
| Procedural Law | The body of law that governs the way substantive laws are administered; sometimes called adjective or remedial law. |
| Due Process of Law | The rights of people suspected of or charged with crimes |
| Politicality | An ideal characteristic of criminal law, referring to its legitimate source. Only violations of rules made by the state, the political jurisdiction that enacted the laws, are crimes |
| Specificity | An ideal characteristic of criminal law, referring to its scope. Although civil law may be general in scope, criminal law should provide strict definitions of specific acts. |
| Regularity | A ideal characteristic of criminal law: the applicability of the law to all persons,regardless of social status |
| Uniformity | An ideal characteristic of criminal law: the enforcement of the laws against anyone who violates them,regardless of social status |
| Penal Sanction | An ideal characteristic of criminal law: 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; a by-product of decisions made by trial and appellate court judges,who produce case law whenever they render a decision in a particular case |
| Stare Decisis | The 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, vehicles, or persons, for the purpose of discovering evidence of crimes or persons who are accused of crimes. |
| Seizures | The taking of persons or property into custody in response to violations of the 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 physical custody, as when a suspect is handcuffed by a police officer, or constructive custody, as when a person peacefully submits to a police officer's control |
| Mere Suspicion | The standard of proof with the least certainly; a" gut feeling." With mere suspicion, a law enforcement officer cannot legally even stop a suspect |
| Reasonable Suspicion | A standard of proof that is more than a gut feeling. It includes the ability to articulate reasons for the suspicion. With reasonable suspicion, a law enforcement officer is legally permitted to stop and frisk a suspect |
| Frisking | Conducting a search for weapons by patting the outside of a suspect's clothing feeling for hard objects that might be weapons |
| Probable Cause | The amounts of proof necessary for a reasonably intelligent person to believe that a crime has been committed or that items connected with criminal activity can be found in a particular place. It is the standard of proof needed to conduct a search or to |
| 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, the standard of proof necessary for defendant to make a successful claim of insanity |
| Beyond a Reasonable Doubt | The standard of proof necessary to find a defendant guilty in criminal trial |
| Exclusionary Rule | The rule that illegally seized evidence must be excluded from trials in federal courts |
| Double Jeopardy | The trying of defendant a second time for the same offense when jeopardy attached in the first trial and a mistrial was declared |
| Self-Incrimination | Being a witness against oneself. If forced, it is a violation of the fifth amendment |
| 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 confession inadmissible in criminal trials if they were obtained by means of either psychological manipulation or ''third-degree'' methods |
| Subpoena | A written order issued by a court that required a person to appear at a certain time and place to give testimony. It can also require that documents and objects be made available for examination by the court |
| Venue | The place of the trial. It must be geographically appropriate. |
Created by:
lawyer_galloway
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