Chapter 3 - Legal Flashcards
Constitutional law
identifies the powers and limitations of each branch of
government: legislative, executive, and judicial
Statutory law
is written and enacted by Congress, state legislatures, or
local governing authorities in response to a perceived need. Statutory law includes criminal, civil, administrative, and regulatory laws.
Criminal law
identifies behaviors deemed unacceptable by society. Criminal law also sets punishments for those behaviors
Ordinances
laws enacted by a municipal (city) or county government
Civil law
is the legal action that a person takes to resolve a non-criminal
private dispute with another person
Administrative law
the body of law that establishes the operations and
procedures of governmental agencies
Case law
the body of law formed by the decisions of the court system
(the judicial branch)
Due process
that laws must be applied fairly and equally to all people, including a person accused of a crime
Substantive due process
the fair and consistent enforcement of the law. This means that people are treated fairly
Procedural due process
the procedures that must be followed to protect a person’s rights during a criminal justice process
First Amendment
Protects the right to free speech, press, assembly, and religion
Second Amendment
Protects right to bear arms
Fourth Amendment
Protects from unreasonable search and seizure
Fifth Amendment
Protects against self-incrimination and guarantees due process
Sixth Amendment
Establishes a right to a speedy trial, impartial jury, and assistance of counsel
Eighth Amendment
Protects against cruel and unusual punishment and prohibits the use of excessive bail or fines.
Fourteenth Amendment
Establishes due process and equal protection of the laws.
Offense
a breach of law and broadly describes criminal or
non-criminal acts that are punishable under Florida law
Misdemeanor
is any criminal offense with a maximum incarceration
penalty in a county jail of up to one year
Felony
is any criminal offense committed where the maximum penalty is death or incarceration in a state correctional facility for more than one year
Enhanced penalty
is a sentence that is increased from one classification
of offense to a more serious classification due to a prior conviction or
the serious nature of the circumstances involved
Principal in the first degree
is a person who commits any criminal offense, whether felony or misdemeanor, aids, abets, counsels, hires, or persuades an offense to be committed or attempted
Accessory after the fact
a person who gives the principal any aid with the intent that the principal avoids or escapes detention, arrest, trial, or punishment
Criminal intent
the conscious decision someone makes to deliberately engage in an unlawful or negligent act, or to harm someone else
Probable cause
a fair probability or reasonable grounds to believe that someone committed a crime, based on the totality of circumstances
General intent
when a suspect intentionally commits an illegal act prohibited by law without considering the results of the illegal act.
Specific intent
the intent to commit a crime and the intent to deprive an owner of something permanently.
Transferred intent
when a crime is intended to harm one person and inadvertently causes a second person to be hurt instead.
Recklessness
imposes criminal liability on defendants when they did not intend for a behavior to cause the resulting harm
CHAP 3Negligence
the failure to behave with the level of care that a reasonably
prudent person would have exercised under the same circumstances
