Chapters #1-3:IR v. PS and Crime Control v. Due Process

Factual Guilt

defendant has committed a crime

Legal Guilt

Whether guilt has been established through trial/procedure

Res judicata

civil concept where one can have only one trial for claims arising from one transaction or occurrence

↔ Civil Law

form of private law that regulates the relationships and behavior between individuals in society

↕ Criminal Law

form of public law designed to prevent or enforce types of behaviors and punishes its offenders

Statutes

main feature of civil law tradition, most substantial criminal law is statutory

Case Law

main feature of the common law tradition, much more procedural criminal law is based on precedent

Nominal Damages

trivial sum of money awarded to a plaintiff whose legal right has been technically violated

Three Principles of Justice

accountability; protection of rights; fairness, impartiality, and equality

Categorical Imperative

unconditional moral obligation binding, in all circumstance, that is not dependent on a person’s inclination of purpose

Reactive Approach

control through deterrence

Proactive Approach

deter/avoid crime before it occurs

Legal System

 “operating set of interdependent institutions/actors, procedures, and laws/rules directed toward gaining [criminal] justice” –Ralph Grunewald, 2026

Efficiency

a system's capacity to apprehend, try, convict, and dispose of criminal offenders whose offenses are known.

Presumption of Innocence

direction given to officials about how they sould proceed, but not a prediction of outcome

Criminalization

turning a behavior into a crime

Deviance

behavior contradicting normal conduct or social expectation; considered dangerous, embarrassing, or irritating such that the group considers that action sanctionable

Statute/Statutory

criminal law

Penal Code

combined criminal statutes

Substantial Criminal Law

definition of the behavior the law prohibits

Procedural Criminal Law

rules governing how officials oversee criminal law (officials = police, courts, corrections)

Celicta Mala In Se

acts inherently evil or bad

Delicta Mala Prohibita

evil acts only because the government has labeled them so