Ch.3 criminal justice

Rule of law

in the context of criminal justice, the government cannot punish any individual without strict, fair, clear, and defined rules, laws, and procedures

Code of Hammurabi

An ancient code instituted by Hammurabi, a ruler of Babylon, dealing with criminal and civil matters

Magna carta

established written limits on royal power

core principles: the rule of law, due process, and limits on sovereign power

Stare decisis

courts follow previous judicial decisions when ruling on similar issues/ often called judiciary law or precedent

Statute

a formal, written law enacted by a legislative body

penal codes

A code of laws that deals with crimes and the punishments for them

tort law

covers personal wrongs and damages and includes libel, slander, assault, trespasses, and negligence

double jeopardy

a person cannot be tried twice for the same crime after a conviction

substantive law

Law that describes which behaviors have been defined as criminal offenses

procedural law

specifies how the criminal justice system is allowed to deal with those who break the law or are accused of breaking the law

a procedural error can dismiss a case regardless of guilt

inchoate offenses

an offense composed of acts necessary to commit another offense

Infancy

in legal terminology, the state of a child who has not yet reached a specific age; infancy ends at age 18

actus reus

“Guilty deed” the physical action of a criminal offense

mens rea

the intent or knowledge that the act is wrong

concurrence

the coexistence if actus reus and mens rea

statutory law

the law defines the prohibited conduct regardless of intent

Affirmitive defense

a defense in which the defendant must provide evidence that excuses the legal consequences of an act that the defendant has been proven to have committed

Alibi

a defense that involves the defendant claiming not to have been at the scene of a criminal offense when it was committed

Attendant circumstances

additional conditions that define a given criminal offense

Beyond a reasonable doubt

the highest level of proof required to win a case; necessary in criminal cases to procure a guilty verdict

Bill of rights

the first 10 amendments to the U.S constitution, which guarantee fundamental rights and privileges to citizens

Case law

The published decisions of courts that create new interpretations of the law and can be cited as precedent

Civil law

the law that governs private rights as opposed to the law that governs criminal issues

Common law

laws that are based on customs and general principals and that may be used as precedent or for matters not addressed by statute

Corpus delicti

“Body of the crime”; the criminal offense

Entrapment

the use of extreme means by law enforcement to pressure someone to break the law

Habeas corpus

an order to have a prisoner brought before the court to determine if it is legal to hold the prisoner

Infraction

a minor civil offense that is not serious enough to warrant an offender’s freedom

Insanity defense

A defense that attempts to give physical or psychological reasons that a defendant cannot comprehend his or her criminal actions, their harm, or their punishment

Precedent

A prior legal decision used as a basis for deciding a later, similar case

Preponderance of the evidence

the burden of proof in a civil trial, which requires that more than 50 percent of the evidence be in the plaintiff’s favor

Statutory rape

Sexual activity conducted with a person who is younger than specified age or incapable of valid consent because of mental illness, mental handicap, intoxication, unconscious, or deception

Strict liability

responsibility for a criminal offense without intention to break the law