The Rule of Law Lecture Notes

These flashcards cover key terms and concepts related to the rule of law, criminal and civil law, procedural rights, and constitutional amendments from the lecture notes.

Criminal Law

A formal means of social control involving enforceable rules by courts to guide citizen conduct and define unacceptable behavior.

Civil Law

A private matter between individuals involving the violation of legal obligations.

Substantive Law

The body of law that defines criminal offenses and their penalties.

Procedural Law

The body of law that governs how substantive laws are administered, focusing on due process.

Polarity of Law

The concept that only violations of rules made by the state are considered crimes.

Specificity

The requirement that criminal laws must provide clear definitions of acts that are considered crimes.

Regularity

The principle that criminal laws should apply to all individuals equally, regardless of social status.

Uniformity

The concept that enforcement of the law should not depend on the social status of the accused.

Penal Sanction

Principles governing punishment, including various forms such as restitution and rehabilitation.

Restorative Justice

An approach to justice focusing on the rehabilitation of offenders through reconciliation with victims.

Magna Carta

A document that established the principle of the rule of law and limited the powers of the king.

Common Law

A system of law based on judicial decisions and precedents rather than statutes.

Probable Cause

The standard of evidence required to issue a warrant or make an arrest.

Exclusionary Rule

Principle stating that evidence obtained illegally cannot be used in court.

Fifth Amendment

Part of the Bill of Rights that protects individuals against self-incrimination and double jeopardy.

Sixth Amendment

Protects the rights of accused persons in criminal prosecutions, including the right to counsel.

Eighth Amendment

Protects against excessive bail, fines, and cruel and unusual punishment.

Due Process

Legal requirement that the state must respect all legal rights owed to a person.

Eyewitness Misidentification

A significant factor contributing to wrongful convictions.

Exonerations

Cases in which a person was wrongfully convicted and later cleared of all charges.