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Definition
| (Rule of Laws), Branch of the law that defines crimes and their punishment. |
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| criminal procedure (Rule of laws) |
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| The rules and laws that define the operation of criminal proceedings. |
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Definition
| all laws that are not a criminal act, including the law of torts (personal wrongs) |
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| public law (Rule of laws) |
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Definition
| Branch of law that deals with the government and its relationship with individuals or other governments |
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| "laws of retaliation" Hammurabi's ancient legal code |
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| Common law (early english law) |
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Definition
| the standardized law of the land in England and eventually formed the basis of the criminal law in the U.S |
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Definition
| inherently evil and depraved |
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| crimes created by legislative bodies that reflect prevailing moral beliefs & practices |
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| (Sources of Criminal Law) |
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Definition
| American legal system is codified by state and federal legislatures. Each jurisdiction precisely defines crime in its legal code and sets out the appropriate punishments. |
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Definition
| all criminal law in the U.S must conform to the rules and dictates of the Constitution |
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Definition
| Constitution has been interpreted to forbid any criminal law that violates a persons right to be treated fairly & equally |
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Definition
| laws that are overly cruel and /or capricious |
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Definition
| forbids bills of attainder, which are legislative acts that inflict punishment without a judicial trial |
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Term
| pass ex post facto laws 1 |
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Definition
| law makes an action that was done before passing the law & was innocent when done |
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Term
| pass ex post facto laws 2 |
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Definition
| law that makes a crime more serious after the fact than it was when first committed |
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Term
| pass ex post facto laws 3 |
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Definition
| law that inflicts a greater punishment than was available when the crime was committed |
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Term
| pass ex post facto laws 4 |
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Definition
| law that makes it easier to convict the offender than it was at the time the crime was committed |
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Term
| crimes grouped into 3 categories |
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Definition
1. Felonies-most serious
2. Misdemeanors-less serious
3.Violations (AKA infractions)- violations ex. city or town ordinances |
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| illegal act who's crimes do not contain the need for intent, such as illegal dumping of toxic wastes |
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Term
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Definition
| when people defend themselves against criminal charges, they must refute one or more of the elements of the crime of which they have been accused. |
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Term
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Definition
1. Ignorance or mistake
2. Insanity
3. Intoxication
4. Age |
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Term
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Definition
1.Consent
2. Self-Defense
3. Stand Your Ground
4. Entrapment
5. Duress - force to do so
6. Necessity |
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Term
| Reforming the criminal law |
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Definition
| In recent years, many states and the federal government have been examining their substantive criminal law. |
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Term
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Definition
1. physician-assisted suicide
2. Stalking
3. Community Notifications Laws
4. Controlling Technology
5. Protecting the Environment
6. Legalizing Marijuana
7. Fighting Terrorism |
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Term
| Constitutions Criminal Procedure |
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Definition
| Rules and Procedures that govern the pretrial processing of criminal suspects & the conduct of criminal trials. Main source of the procedural law is the body of the Constitution & the first ten amendments added to the constitution AKA Bill of rights |
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| Limits the admissibility of confessions that have been obtained unfairly. |
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Definition
| informed of the nature of the charges the right to confront any prosecution witnesses. |
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Definition
| "Excessive bail shall not be required, nor excessive bond put up by the accused to attain freedom between arrest and trial. |
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Definition
| no state shall "deprive any person of life, liberty, or property, without due process of law. |
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Term
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Definition
| found in both the 5th & 14th amendments, has been used to evaluate the constitutionality of legal statutes and to set standards and guidelines for fair procedures in the criminal justice system. |
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Definition
| Evidence seized in violation of the 4th amendment cannot be used in the court of law. |
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Definition
| Seeks to ensure that no person will be deprived of life, liberty, or property without proper & legal criminal process. |
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Term
| Elements of due process law (1-5) |
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Definition
1. Freedom from illegal searches & interrogations
2. Prompt notice of charges & formal hearing
3. The right to counsel or some other representation
4. The opportunity to respond to charges
5. The opportunity to confront & cross-examine witness & accusers |
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Term
| Elements of due process law (6-10) |
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Definition
6. The privilege to be free from self-incrimination
7. The opportunity to present ones own witness
8. Decision made on the basis of substantial evidence & facts produced at the hearing
9. written statement of the reasons for the decision
10. an appellate review procedure |
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| Interpreting the Constitution |
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Definition
| Facts of the case, federal & state constitutional & statutory provisions, previous court decisions, & judicial philosophy. |
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