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Chaper 4

The Rule Of Law

Criminal Law One of two general types of law practiced in the United States ; "A Formal means of social control that uses rules...interpreted and enforced by the courts...to set limits to the conduct of the citizens ,to guide the officials and to define...unacceptable
Penal Code The criminal law of a political jurisdiction
Tort A violation of the civil law
Civil Law One of the two types of law practiced in the United States ; a mean of resolving conflicts between individuals. It includes personal injury claims (torts) , the law of contracts and subjects such as administrative law and the regulation of public utilitie
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 right of people suspected of or charged with crimes
Politicality An ideal characteristic of criminal law , referring to its legitimate source, 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 definition of specific acts
Regularity An ideal characteristic of criminal law; the applicability of the law to all personals, regardless
Uniformity An ideal characteristic of criminal law; the enforcement of the laws against anyone who violate them, regardless of social status
Penal Sanction An ideal characteristic of criminal law; the principle that violator 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 precedent to guide future decision in courts cases; Latin for "to stand by decided cases"
Searches Exploration 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, 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 certainty; 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
Frisking Conducting a search for weapons by patting the outside of a suspect's clothing, feeling for hard object that might be weapons.
Probable Cause The amount 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 ma
Preponderance Of Evidence Evidence that more likely than not outweighs the opposing evidence, or sufficient evidence to overcome doubt speculation
Clear and Convincing Evidence The standard of proof required in some civil cases and, in federal courts, the standard of proof necessary for a defendant to make a successful claim of insanity
Beyond A Reasonable Doubt The standard of proof necessary to find a defendant guilty in a crime trial
Exclusionary Rule The rule that illegally seized evidence must be excluded form trails in federal courts
Double Jeopardy The trying of a defendant a second time for the same offense when jeopardy attached in the first trail and a mistrial was not 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 confessions inadmissible in criminal trials if they were obtained by means of either psychological manipulation or "third-degree" methods
Venue The place of the trial. It must be geographically appropriate
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.
Created by: DestinyD