criminal justice units 1 and 2

law

a set of enforceable rules created and backed by a government or societal authority to regulate behavior, maintain order, and resolve disputes.

statutory law

written laws that are formally created, passed, and enacted by a legislative body.

case law

body of law created by judicial decisions and written opinions from judges and courts, rather than laws written by legislatures or executive agencies

common law

body of law created by judges through court decisions and written opinion rather than through acts written by legislatures

jurisprudence

scientific, philosophical, and theoretical study of law

criminal law

body of law that defines criminal offenses, regulates the investigation and trial of suspects, and sets penalties for convicted offenders as an offense against the public or the state

civil law

handles non criminal disputes between private parties, or to a global legal system based on written codes rather than judicial precedent

precedent

an earlier event, action, or judicial decision that serves as an example, guide, or authority for handling similar situations or legal cases in the future

constitutional law

defines structures, powers, and limits of government institutions, as well as the fundamental rights of citizens

plea bargain

when a defendant agrees to plea guilty in exchange for decreased sentencing

arraginment

a defendants first formal appearance in court after being arrested or charged with a crime

bail

must pay money for possible pretrial release, assured court you’ll return

diversion

educational programs, support groups, community service, staying away from situations that could land you back in jail

grand jury

a group of ordinary citizens determining whether there is enough probable cause to formally charge a person with a crime

indictment

a formal, written accusation issued by a grand jury charging a person with a serious crime

plea

a formal statement made by a defendant in a court answering the criminal charges brought against them

jurisdiction

official legal power, right, or authority of a court, gov, or organization to make legal decisions, interpret laws, and govern an area or a group of people

appellate

having the power to review and change the decisions of a lower court

habeas coprus

allows a person who has been detained or imprisoned by the gov to challenge the legality of their confinement before a neutral judge

writ of cert

a formal order issued by a higher court directing a lower court or tribunal to send up the complete record of a case for review

federal supremacy

constitutional principle that the us constitution, federal laws, and treaties take priority over any conflicting state laws or state consitutions

appeal

when a party asks a higher court to review and change a decision made by a lower court

due process

the gov must act fairly and abide by established laws and legal rules before it can deprive any person of life, liberty, or property

prosecution

the carrying out of criminal proceedings against a person accused of breaking the law. represents the state or the public, must prove guilt beyond a reasonable doubt

defense

defends the prosecuted, goal is to weaken opposing argument, challenge charges, and justify actions taken

objections/rules of evidence

must be relevant to the case, object if not relevant. make sure witness was really at the crime scene, witness must have personal knowledge of what they testify about, hearsay (written or said outside the court), opinion testimony (eg psychologist)

direct evidence

proof that establishes a fact directly without needing logical deduction

circumstantial evidence

indirect proof that requires a logical inference to connect it to a conclusion

beyond reasonable doubt

prosecution must present evidence so convincing that a rational person would not hesitate to find the defendant guilty, leaving no logical reason to doubt.

actus reas

for a crime to occur, there must be a prohibited act, act of commission/omission

mens rea

guilty mind

specific intent

the person intends for the result to happen

general intent

when you know or should know that something bad will happen

reckless intent

increases the risk of harm. knowledge exists, but more on a probability level than certainty

negligent intent

you are reckless and something bad happens. you might not have had any intent that something bad happens, but it still does

strict liability

intent doesnt matter. ex statutory rape, selling alcohol to minors

transferred intent

if a person acts with the intent to hurt one person, but inadvertently harms a different person, the original intent transfers to the actual victim

result/concurrence

there has to be a link between the guilty act and intent

omission

failure to act when a person has legal duty to do so. ex failing to feed a child

crimes of the person

illegal acts that involve direct physical harm, threat of physical harm, or the restriction of freedom against another individual

property crime

illegal taking, damaging, or destruction of money or property belonging to others

inconate (incomplete) crimes

an action taken toward committing a crime that allows a person to be legally punished even if the target offense is never actually finished

victimless crimes

an illegal act that involves consenting adults or only the person committing the action. no direct, non-consenting victim

retreat rule

if you have the opportunity to retreat, do so

stand your ground rule

removes a persons duty to retreat from a dangerous situation in public

excuse defenses

when the defendant admits to committing a wrongful act, but claims they shouldn’t be held fully responsible or punished because internal or external factors impaired their free will, mental state, or intent at the time

m’naughten rule

don’t know what you’re doing and don’t know that its wrong

guilty but mentally ill

same sentence as prison, but served in a mental institution

labeling theory

deviance and crime are not inherent qualities of an act, but rather the result of society applying labels to certain behaviors and people

strain theory

societal structures can pressure people into committing crimes

rational choice theory

individuals use logical thinking to make choices that maximize their personal benefit and minimize cost