Chapter 4- CJ &the Rule Of Law

Question 0

Substantive criminal law is also called what?

Answer 0

Penal code

Question 1

DEFINE: civil law

Answer 1

Law regulating the relationships between or among individuals, usually involving property, contract, or business disputes

Question 2

DEFINE: substantive criminal law

Answer 2

Law defining acts that are subject to punishment and specifying the punishments for such offenses

Question 3

DEFINE: procedural criminal law

Answer 3

Law defining the procedure that criminal justice officials must follow in enforcement, adjudication, and corrections

Question 4

DEFINE: common law

Answer 4

Uncodified law, in which judges follow precedents set by earlier decisions when they decide new but similar cases. It’s based on custom and tradition as interpreted by judges. State legislatures have since taken these and set them into codes

Question 5

DEFINE: statutes

Answer 5

Laws passed by legislatures. Statutory definitions of criminal offenses are found in penal codes

Question 6

DEFINE: constitutions

Answer 6

The basic laws of a country or state defining the structure of government and the relationship of citizens to that gov

Question 7

DEFINE: case law

Answer 7

Court decisions that have the status if law and serve as precedents for later decisions

Question 8

DEFINE: administrative regulations

Answer 8

Rules made by gov agencies to implement specific public policies in areas such as public health, environmental protection, and workplace safety

Question 9

DEFINE: civil forfeiture

Answer 9

The confiscation of property by the state because it was used in or acquired through a crime.

Question 10

DEFINE: inchoate offense

Answer 10

Conduct that is criminal even though the harm that the law seeks to prevent has been merely planned or attempted but not done

Question 11

DEFINE: mens rea

Answer 11

“Guilty mind” or blameworthy state of mind, NECESSARY for legal responsibility for a criminal offense; criminal intent as opposed to innocent intent

Question 12

DEFINE: strict liability

Answer 12

An obligation or duty that when broken is an offense that can be judged criminal without a showing of mens rea. Usually applied to regulatory offenses involving health and safety

Question 13

DEFINE: entrapment

Answer 13

The defense that police induced the individual to commit the criminal act

Question 14

DEFINE: procedural due process

Answer 14

The constitutional requirement that all people be treated fairly and justly by gov officials.

Question 15

DEFINE: self incrimination

Answer 15

The act of exposing oneself to prosecution by being forced to respond to questions whose answers may reveal that one has committed a crime. 5TH AMENDMENT protects against this.

Question 16

DEFINE: double jeopardy

Answer 16

Te subjecting of a person to prosecution more that once in the same jurisdiction for the same offense.

Question 17

Barron v. Baltimore (1833)

Answer 17

The protection of the bill of rights apply only to actions of the federal gov

Question 18

Powell v. Alabama (1932)

Answer 18

An attorney must be provided to a poor defendant facing the death penalty

Question 19

DEFINE: fundamental fairness

Answer 19

A legal doctrine supporting the ideas that so long as a states conduct main ting basic standards of fairness, the constitution has not been violated

Question 20

DEFINE: incorporation

Answer 20

The extension of the due process clause of the 14th Am to make binding on state govs the rights guaranteed in the Bill of Rights

Question 21

DEFINE: grand jury

Answer 21

A body of citizens that determines whether the prosecutor possesses sufficient evidence to justify the prosecution of a suspect for a serious crime

Question 22

DEFINE: indigent defendants

Answer 22

People facing prosecution who do not have enough money to pay for their own attorneys and court expenses

Question 23

Gideon v. Wainwright (1963)

Answer 23

Indigent defendants have a right to counsel when charged with serious crimes for which try could face 6 months or more incarceration