Criminal Law: Substance and Procedure

Vocabulary flashcards covering key terms, historical foundations, legal elements, criminal defenses, and constitutional rights from Chapter 3 of Introduction to Criminal Justice (18th Edition).

Substantive criminal law

A body of specific rules that declares what conduct is criminal and prescribes the punishment to be imposed for such conduct.

Procedural criminal law

Sets out the basic rules of practice in the criminal justice system.

Civil law

All law that is not criminal, governing relations between private parties.

Torts

The law of personal injuries within civil law.

Public law

Deals with the government and its relationships with individuals or other governments.

Babylonian Code of Hammurabi (2000 B.C.E.)

An early legal charter from 2000 B.C.E. that serves as one of the historical roots of American criminal codes.

Mosaic Code of the Israelites (1200 B.C.E.)

An early legal charter from 1200 B.C.E. that contributed to the historical roots of U.S. criminal law.

Roman Twelve Tables (451 B.C.E.)

An early legal charter from 451 B.C.E. that forms part of the historical foundations of modern criminal law.

Wergild

A legal system featuring monetary compensation developed by emerging Germanic societies to determine what a crime was 'worth.'

Common law

A legal system originating in England after the Norman Conquest that incorporated local custom and rules of conduct into a national code.

Stare decisis

A legal doctrine meaning 'to stand by decided cases' (precedent), which forms the basis of common law.

Mala in se

Crimes that are inherently evil and depraved (such as murder, burglary, and arson) and are common law offenses.

Bill of attainder

Laws that inflict punishment without a judicial trial, which are forbidden by the U.S. Constitution.

Ex post facto laws

Laws that make an act criminal after it was committed or retroactively increase the penalty, which are prohibited by the U.S. Constitution.

Felonies

Serious criminal offenses punishable by death or imprisonment in a penitentiary, such as homicide, rape, robbery, and serious property crimes.

Misdemeanors

Less serious criminal offenses, including petty larceny and assault and battery.

Infractions

The least serious category of legal violations, which includes traffic violations.

Actus reus

An illegal act, or failure to act when legally required; it must be voluntary.

Mens rea

A guilty mind; the intent to commit a criminal act.

Criminal negligence

Occurs when a person's careless actions cause harm.

Strict liability crime

Public safety or statutory offenses in which mens rea is not essential, such as traffic crimes and sanitation laws.

Concurrence

The immediate relationship to, or simultaneous occurrence of, the guilty act (actus reus) with the criminal intent or result (mens rea).

Conduct crimes

Criminal acts, like reckless driving, that do not require a resulting harm.

Alibi

A defense in which defendants deny the actus reus by arguing that they were falsely accused and the real culprit has yet to be identified.

Excuse defense

A defense claiming that while the defendant engaged in the criminal act, they should be excused because they lacked mens rea.

Justification defense

A defense claiming that the defendant's criminal act was reasonable or necessary.

Duress

An excuse defense used if the defendant was forced to commit a crime as the only means of preventing death or serious harm to themselves or others.

Entrapment

An excuse defense applicable if law enforcement agents used traps, decoys, and deception to induce criminal action.

Self-defense

A justification defense requiring proof that the defendant acted with a reasonable belief of imminent danger of death or harm and had no reasonable means of escape.

Necessity

A justification defense applied when a crime was committed under extreme circumstances and could not be avoided.

Second-look sentencing

A criminal justice reform initiative that permits judges to review sentences after a given period of time served.

Expungements

The erasing or sealing of arrest or conviction records to minimize collateral consequences.

Bill of Rights

The first 10 amendments added to the U.S. Constitution on December 15, 1791, which serve as the main source of procedural law.

Exclusionary rule

A rule of criminal procedure that prohibits the use of illegally obtained evidence in a court of law.

Herring v. United States (2009)

A U.S. Supreme Court case that let a conviction stand after paraphernalia was found 5 months after a warrant had been withdrawn, ruling the errors were not deliberate police misconduct.

Fourteenth Amendment

The constitutional amendment that applies federal procedural protections (from the Fourth, Fifth, Sixth, and Eighth Amendments) to state and local governments.

Substantive due process

Refers to the citizen's right to be protected from criminal laws that may be biased, discriminatory, or otherwise unfair.

Procedural due process

Seeks to ensure that no person will be deprived of life, liberty, or property without proper and legal criminal process.