Chapter 1 Terms Flashcards
punishable by the death penalty or by life imprisonment in states without the death penalty
capital felony
protects the individual rather than societal interest
civil law
acts or omissions are only punishable that are contained in the state criminal code
code jurisdiction
crimes developed by the common law judges in England and supplemented by acts of arliament and decrees issued by the king
common law crimes
the common law may be applied where the legislature has not acted
common law states
conduct that, if shown to have taken place, will result in a formal and solemn pronouncement of the moral condemnation of the community
crime
investigation and detection of crime by the police and the procedures used at trial
criminal procedure
individual charged with a crime and who is standing trial
defendant
being prosecuted twice for the same crime
double jeopardy
sharing of power between federal and state governments. Each has
dual sovereignty
federal criminal statutes
federal criminal code
crime punishable by death or by imprisonment for more than one year
felony
punishable by between 6 and 12 months in prison
gross misdemeanor
deserving of shame or disgrace
infamous crimes
punishable by a fine
infractions
constitutional power of U.S. Congress to regulate commerce amoung the states
interstate commerce clause
crimes that are inherently evil
mala in se
crimes that are not inherently evil
mala prohibita
punishable by less than a year in prison
misdemeanor
an influential criminal code drafted by prominent academics, practitioners, and judges, affiliated with the American Law Institute to encourage state legislatures to adopt a uniform approach to the criminal law
Model Penal Code
punsihable by less than six months in prison
petty misdemeanor
duty to protect the well-being and tranquility of the community
police power
federal law is superior to state law in areas reserved to the national government
preemption doctrine
a state receives the comon law as an unwritten part of a state’s criminal law
reception statutes
specific crimes, defenses, and general principles
substantive criminal law
the clause in the U.S. Constitution that provides that federal laws take precedence over state laws
Supremacy Clause
civil action for injury to an individual or to his or her property
tort
minor crimes punsihable by fines and not subject to imprisonment. Also called infractions.
violation