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Chaper 4
The Rule Of Law
| Term | Definition |
|---|---|
| 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
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