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Definition
| the idea that law, not the discretion of officials, should govern public affairs |
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| nullen crimen, nulla poena, sine lege |
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Definition
-there is no crime, there is no punishment, without law
-refers to the doctrine that one cannot be found guilty of a crime unless there is a violation of an existing provision of law defining the applicable criminal conduct |
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Definition
| that branch of the criminal law that defines criminal offenses and defenses and specifies criminal punishments |
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| the branch of the criminal law that deals with the processes by which crimes are investigated, prosecuted, and punished |
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| the doctrine that the constitution is the supreme law of the land and that all actions and policies of government must be consistent with it |
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| the power of courts of law to review governmental acts and declare them null and void if they are found to be unconstitutional |
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| the constitutional distribution of government power and responsibility between the national government and the states |
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Definition
| constitutional assignment of legislative, executive, and judicial powers to different branches of government |
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| a "wrongful act" which combined with other necessary elements of crime constitutes criminal liability |
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Definition
| "guilty mind" criminal intent |
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| strict liability offenses |
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Definition
| crimes that do not require proof of the defendant's intent (selling liquor to a minor) |
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Definition
| serious crimes for which a person may be imprisoned for more than one year |
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Definition
| minor offenses, usually punishable by fine or imprisonment for less than one year |
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Definition
| deliberate violation of a criminal law considered to be unjust or unconstitutional in order to dramatize one's objection to the law |
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| equal protection of the laws |
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Definition
| constitutional principle enshrined in the 14th amendment by which law is supposed to apply equally to all persons without regard to race and other irrelevant characteristics |
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Definition
| a person who is the object of a crime or tort |
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| noncriminal wrongs or injuries, other than breaches of contact, for which the remedy is a civil suit for damages |
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Definition
| violations of provisions of legally enforceable agreements that give the damaged party the right to recourse in a court of law |
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Definition
| "evils in themselves" refers to crimes such as murder, rape, arson, robbery, etc which are universally condemned |
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Term
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Definition
| "prohibited evils" refers to crimes that are wrong primarily because the law declares them to be wrong |
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| the body of decisional law based largely on custom as declared by english judges after the norman conquest of 1066 |
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| the doctrine of deciding cases based on precedent |
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Definition
| generally applicable laws enacted by a legislature |
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| blackstone's commentaries |
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Definition
| a massive treatise on the english common law published in 1765-1769 by sir william blackstone, a professor at oxford |
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Definition
| laws enacted by local governing bodies such as city councils and county cimmissions |
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Definition
| the power of government to legislate to protect public health, safety, welfare, and morality |
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| published by the American Law Institute. consists of general provisions concerning criminal liability, sentences, defenses, and definitions of specific crimes |
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| rules promulgated by courts of law under constitutional or statutory authority governing procedures for trials and other judicial proceedings |
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| the crime of making war against one's own government or giving aid and comfort to its enemies |
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| retroactive laws that criminalize actions that were legal at the time they were performed or increase punishment for a criminal act after it was committed. |
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Definition
| legislative acts (prohibited by constitution) imposing punishment without trial upon persons deemed guilty of treason or felonies |
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Definition
| a written enumeration of basic rights (10 amendments) |
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Definition
| judicial tribunals, usually presided over by one judge, which conduct proceedings and trials in civil and criminal cases with out without a jury |
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Definition
| judicial tribunals that review decisions from lower tribunals |
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Definition
| one of the principal functions of appellate courts in reviewing routine appeals and correcting the errors of trial courts |
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| law declared by appellate courts in their written decisions and opinions |
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Definition
| procedural and substantive rights of citizens against government action that threaten the denial of life, liberty, or property |
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Term
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Definition
| the requirement, stemming from due process, that government provide notice to a person before it deprives that person of life, liberty, or property |
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Definition
| a hearing in which both parties have a reasonable opportunity to be heard- to present evidence and make arguments to an impartial decision maker |
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Definition
| in a criminal prosecution, a person accused of a crime is presumed innocent until proven guilty beyond a reasonable doubt |
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Term
| reasonable doubt standard |
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Definition
| the standard of proof used by a judge or jury to determine whether criminal charges against a defendant have been proven: moral certainty |
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Definition
| a formal document handed down by a grand jury accusing on or more persons of the commission of a crime or crimes |
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Definition
| a document filed by a prosecutor under oath charging one or more persons with commission of a crime |
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Definition
| an appearance before a court of law for the purpose of pleasing to a criminal charge |
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Term
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Definition
| an appearance before a court of law to determine the guilt or innocence of a person charged with a crime |
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Definition
| rules promulgated by courts of law under constitutional or statutory authority governing procedures for trials and other judicial proceedings |
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Definition
| legal rules governing the admissibility of evidence at trial |
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Definition
| Negotiation between a defendant and a prosecutor whereby the defendant agrees to plead guilty in exchange for some concession |
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Definition
| the act of compensating someone for losses suffered |
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Term
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Definition
| a program in which a first-time offender is afforded the opportunity to avoid criminal prosecution by participating in some specified treatment, counseling, or community service |
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Term
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Definition
| an elected lawmaking body such as the Congress of the US or a state assembly |
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Term
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Definition
| powers explicitly granted to a government by its constitutions |
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Term
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Definition
| powers not expressly granted to government by a constitution by fairly implied by the document |
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Definition
| the comprehensive and systematic collection of federal laws currently in effect |
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Term
| United States Code Annotated (U.S.C.A. |
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Definition
| An annotated version of the United States Code. The annotated include references to court decisions and other legal authorities |
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Definition
| collection of laws enacted during a particular legislative session |
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Term
| rules of statutory interpretation |
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Definition
| rules developed by courts to determine the meaning of legislative acts |
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Term
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Definition
| the judicial doctrine holding that if the meaning of a text is plain, a court may not interpret it but must simply apply it as written |
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Definition
| rules governing the judicial interpretation of constitutions, statutes, and other written instruments |
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Term
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Definition
| the purpose the legislature sought to achieve in enacting a particular provision of law |
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Definition
| doctrine of constitutional law holding unconstitutional (as a violation of due process) legislation that fails to clearly inform the person of what is required or proscribed |
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Term
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Definition
| an exclusion that can reasonably be inferred or assumed based on the purpose and intent of an ordinance, statue, or contract. |
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Definition
| law enforcement officers sworn to uphold the Constitution and laws of the US and of their own states |
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Term
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Definition
| the primary federal agency charged with investigating violations of federal criminal laws |
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Term
| Department of Justice (DOJ) |
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Definition
| the department within the executive branch of the federal government that is headed by the Attorney General and staffed by US attorneys |
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Definition
| officers of the FBI with the power to make arrests and use force in the enforcement of federal law |
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Term
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Definition
| security measures designed to protect computers and computer networks from unauthorized access |
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Term
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Definition
| Law enforcement officers of the US DOJ who are responsible for enforcing federal laws, enforcing federal court decisions, and effecting the transfer of federal prisoners |
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Definition
| the chief law enforcement officer of a county |
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Term
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Definition
| the police officer's function of keeping the peace as distinct from the enforcement of the law |
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Definition
| style of police work that stresses development of close ties between police officers and the communities they serve |
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Term
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Definition
| a public official empowered to initiate criminal charges or conduct prosecutions |
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Definition
| the highest legal officer of a state or of the United States |
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Definition
| Lawyers appointed by the president with consent of the US Senate to prosecute federal crimes in federal juridicial districts |
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Definition
| a special prosecutor appointed to investigate and, if warranted, prosecute official misconduct |
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Definition
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Definition
| a formal entry by a prosecutor who declines to proceed further in the prosecution of an offense; commonly called a nol pros |
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Definition
| persons accused of crimes who cannot afford to retain private legal counsel and are therefore entitled to be represented by a public defender or a court-appointed lawyer |
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Term
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Definition
| public officials who are attorneys and are responsible for defending indigent persons charged with crimes |
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Definition
| a lawyer who represents defendants in criminal cases |
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Term
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Definition
| a group of citizens convened for the purpose of deciding fatal questions relevant to a civil or criminal case |
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Term
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Definition
| a group of citizens convened either to conduct an investigation or to determine whether there is sufficient evidence to warrant the prosecution of an accused |
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Definition
| a trial jury, usually composed either or 6 or 12 persons |
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Term
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Definition
| an indictment handed down by a grand jury in a criminal case |
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Term
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Definition
| decision of a grand jury not to return an indictment |
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Definition
| an open and public criminal trial held without unreasonable delay as required by the 6th amendment to the constitution |
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Term
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Definition
| the authority of a court to hear and decide certain categories of legal disputes. Jurisdiction relates to the authority of a court over the person, subject matter, and geographical area |
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Definition
| The principal trial courts in the federal judicial system, these courts sit in 94 geographical districts throughout the US |
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Term
| intermediate appellate courts |
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Definition
| judicial tribunals consisting of three or more judges that review decisions of trial courts but that are subordinate to final appellate tribunals |
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Term
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Definition
| the 12 intermediate appellate courts of appeals in the federal system that sit in specified geographical areas of the US and in which panels of appellate judges hear appeals in civil and criminal cases, primarily from US District Courts |
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Term
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Definition
| a hearing in an appellate court in which all or a substantial number of the judges assigned to the court participate |
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Term
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Definition
| the highest court in the US, consisting of 9 justices, that has jurisdiction to review, by appeal or writ of certiorari, the decisions of lower federal courts and many decisions of the highest courts of each state |
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Term
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Definition
| order issued by an appellate court to grant discretionary review of a case decided by a lower court |
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Term
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Definition
| rules promulgated by courts of law under constitutional or statutory authority governing procedures for trials and other judicial proceedings |
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Term
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Definition
| a military tribunal convened by a commander of a military unit to try a person subject to the Uniform Code of Military Justice who is accused of violating a provision of that code |
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Term
| Uniform Code of Military Justice (UCMJ) |
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Definition
| A code of laws enacted by Congress that governs military personnel and defines the procedural and evidentiary requirements in military law and the substantive criminal offenses and punishments |
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Term
| United States Court of Appeals for the Armed Forces |
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Definition
| The court (formerly known as the Court of Military Appeals), consisting of five civilian judges, that reviews sentences affecting a general or flag officer or imposing the death penalty and cases certified for review by the judge advocate general of a branch of service. May grant review of convictions and sentences on petitions by service members. |
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Term
| courts of general jurisdiction |
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Definition
| Courts that conduct trials in felony and major misdemeanor cases. Also refers to courts that have jurisdiction to hear civil as well as criminal cases |
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Term
| courts of limited jurisdiction |
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Definition
| courts that handle pretrial matters and conduct trials in minor misdemeanor cases |
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Definition
| the highest appellate court of a state |
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Definition
| judicial tribunals having jurisdiction over minors defined as juveniles who are alleged to be status offenders or to have committed acts of delinquency |
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Term
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Definition
| actions of a juvenile in violation of the criminal law |
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Term
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Definition
| noncriminal conduct on the part of juveniles that may subject them to the authority of a juvenile court |
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Term
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Definition
| "the parent of the country" Refers to the role of the state as the guardian of minors, mentally ill individuals, and other legally disabled persons |
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Definition
| the system of prisons, jails, and other penal and correctional institutions |
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Term
| cruel and unusual punishments |
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Definition
| criminal penalties that shock the moral conscience of the community--for example, torture and other extreme forms of corporal punishment. prohibited by the 8th Amendment to the US Constitution |
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Definition
| a synonym for prison. Literally a place for doing penance |
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Definition
| sums of money that offenders are required to pay as punishment for the commission of crimes |
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Definition
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Term
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Definition
| conditional release of a convicted criminal in lieu of incarceration |
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Term
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Definition
| A sentence or condition of probation requiring that the criminal perform some specific service to the community for some specified period of time |
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Term
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Definition
| the power of courts to strike down legislation and other governmental actions determined to be unconstitutional |
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Term
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Definition
| refers to a law that is unconstitutional on its face, meaning that it is invalid under any given circumstances |
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Term
| unconstitutional as applied |
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Definition
| refers to a declaration by a court of law that a statute is invalid insofar as it is enforced in some particular context |
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Definition
| the power of the government to enact legislation to protect the public health, safety, order, and welfare. |
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Term
| doctrine of implied powers |
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Definition
| judicial doctrine interpreting the Necessary and Proper Clause of Article I, Section 8 of the US Constitution to allow Congress to exercise powers that are plainly adapted to the goal of furthering one or more of congress's enumerated powers |
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Definition
| economic activity between or among states or affecting more than one state |
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Definition
| the principle that there can be no crime or punishment in the absence |
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Definition
| Article I of The Bill of Rights, which recognizes the freedoms of religion, speech, press, and assembly, as well as the right to petition government for a redress of grievances |
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Term
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Definition
| Amendment to the US Constitution ratified after the Civil War in 1868. Prohibits states from denying due process and equal protection of law to persons with their jurisdictions and provides Congress legislative power to enforce these prohibitions |
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Term
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Definition
| The clause of the Fifth Amendment to the US Constitution that prohibits the federal government from depriving persons within its jurisdiction of life liberty or property without due process of law. A similar provision in the 14th amendment imposes the same prohibition on state governments |
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Term
| clear and present danger doctrine |
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Definition
| In constitutional law, the doctrine that the First Amendment does not protect those forms of expression that pose a "clear and present danger" of bringing about some substantive evil that government has a right to prevent |
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Term
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Definition
| unlawful conduct that is about to take place and that is inevitable unless there is intervention by the authorities |
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Term
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Definition
| the right of the individual to express thoughts and feelings through speech, writing, and other media of expression; protected by the First Amendment to the US Constitution |
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Definition
| Expression by displaying symbols, making gestures, and so forth |
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Definition
| utterances that are inherently likely to provoke a violent response from an individual or group to which they are directed |
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Definition
| offensive speech directed at members of racial, religious, sexual, or ethnic minorities |
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Definition
| explicit sexual material that is patently offensive appeals to a prurient or unnatural interest in sex, and lacks serious scientific, artistic, or literary content |
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Definition
| a public space generally acknowledged as appropriate for public assemblies or expressions of views |
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Term
| time, place, and manner regulations |
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Definition
| Government limitations on the time, place, and manner of expressive activities in the public forum |
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Definition
| the First Amendment right to free exercise of one's religion without undue interference by government |
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Term
| right to keep and bear arms |
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Definition
| Right to possess certain weapons; protected against governmental infringement by the Second Amendment to the US constitution |
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Term
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Definition
| doctrine of constitutional law holding unconstitutional (as a violation of due process) legislation that fails to clearly inform the person of what is required or proscribed |
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Term
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Definition
| doctrine enabling a person to make a facial challenge to a law on the ground that the law might be applied in the future against activities protected by the First Amendment |
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Term
| cruel and unusual punishments |
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Definition
| criminal penalties that shock the moral conscience of the community-for example torture, or other extreme forms of corporal punishment. Prohibited by the 8th Amendment to the US Constitution |
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Term
| constitutional right of privacy |
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Definition
| implied constitutional right allowing individuals right allowing individuals to be free of government interference in intimate activities, especially those involving sex and reproduction |
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Term
| right to refuse medical treatment |
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Definition
| the right of a patient--or a patients surrogate in some instances--to refuse to allow doctors to administer medical treatment |
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Definition
| the asserted right to terminate one's own life under certain circumstances; also refers to termination of extraordinary means of life support |
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Term
| equal protection of the laws |
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Definition
| Constitutional principle enshrined in the 14th Amendment by which law is supposed to apply equally to all persons without regard to race and other irrelevant characteristics |
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Term
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Definition
| the jurisdiction requirement that legislation must be rationally related to a legitimate government objective in order to survive constitutional challenge |
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Term
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Definition
| those constitutional rights that have been declared to be fundamental by the courts. Include the First Amendment freedoms, the right to vote, and the right to privacy. |
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Term
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Definition
| judicial review pf government action or policy in which the ordinary presumption of constitutionality is reversed. |
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Term
| compelling government interest |
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Definition
| a government interest sufficiently strong that it overrides the fundamental rights of persons adversely affected by government action or policy |
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