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chapter 4
vocabulary
Term and Definition | Definition and Term |
---|---|
penal code | criminal law of a political jurisdiction |
the violation of the civil law | tort |
the body of law that defines criminal offenses and their penalties | substantive law |
the body of law that governs the ways substantive laws are administrated ; called remedial law | procedural law |
civil law | resolving conflicts between individuals |
criminal law | formal means of social control |
the rights of people suspected of or charged with crimes | due process of law |
idea characteristic of criminal law ; rules made by the state | politicality |
referring to its scope | specificity |
the applicability of the law to all persons | regularity |
enforcement of the laws against anyone who violates them | uniformity |
the principle that violators will be punished or at least threated by the state | penal sanction |
precedent | decision that forms a potential basis for deciding the outcomes of similar cases in the future |
stare decisis | principle of using precedents to guide future decisions in court cases |
searches | discovering evidence of crimes or persons who are accused of crimes |
warrant | to search for a persons arrest |
seizures | taking persons property in custody |
arrest | seizure of a person or taking a person into custody |
probable cause | amount of proof necessary to arrest suspect |
reasonable suspicion | standard of proof that is more than a gut feeling |
mere suspicion | the standard of proof with the least certainly "gut-feeling" |
frisking | patting the outside of suspects clothes |
evidence that more likely than not outweighs the opposing evidence | preponderance of evidence |
standard of proof necessary to find a defendant guilty | beyond a reasonable trail |
standard proof necessary for a defendant to make a successful claim of insanity | clear and convincing evidence |
rule that illegally seized evidence must be excluded from trails in federal courts | exclusionary rule |
defendant of a second trail for the same offense | double jeopardy |
being a witness against oneself | self-incrimination |
admission by a person accused of a crime | confession |
third degree methods | doctrine of fundamental fairness |
written order issued by a court | subpoena |
venue | place of the trail |
contraband | illegal substance or object |