Quiz 1 Flashcards
common law
law created by judicial opinion. historically, law from americas colonial an english past, which has set precedents that are still sometimes followed today
statutory law
law created through state and federal legistures
tort
a civil violation; the civil law’s equivalent of a crime.
actus reus; mens rea
a willful unlawful act; a guilty mind, or intent.
jurisdiction
the power or authority of a court to act with respect to any case before it.
probable cause
evidence that there is a fair probability that the suspect committed a crime; required for an arrest of a suspect by a law enforcement officer.
bail
a deposit of cash, other property, or a bond, guaranteeing the accused will appear in court.
bond
a written promise to pay the bail sum, posted by a financially responsible person,usually a professional bail bond agent.
arraignment and plea
the defendant’s appearance to respond formally to the charges
due process
the multiple criminal procedures and processes that that must be followed before a person can be legally deprived of his or her life, liberty, or property
substantive criminal law
the law defining acts that are criminal
first amendment rights
free speech, free exercise of religion, freedom of assembly
second amendment rights
the right to bear arms
fourth amendment right
freedom from unreasonable searches and seizures
fifth amendment rights
due process protection, protects against double jeopardy and self-incrimination, and requires grand jury indictment in federal cases
sixth amendment rights
establishes right to counsel, the right to trial by an impartial jury, the right to speedy and public trial, the right to confront opposing witnesses, the right to compel the attendance of witnesses favorable to the defendant, and the right to notice of the nature and cause of the accusation
eighth amendment rights
prohibits the infliction of “cruel and unusual punishment”
proportionality
the punishment should fit the crime
fourteenth amendment
provides for due process and equal protection under the law
felony
a serious crime that is usually punishable by imprisonment for more than one year or by death
Misdemeanors
a crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement in a jail for less than one year
petty offenses
a minor or insignificant crime, also known as a violation or infraction
omissions
narrowly defined circumstances in which a failure to act is viewed as a criminal act.
motive
the emotion that prompts a person to act. it is not an element of a crime that is required to prove criminal liability, but it is often shown in order to identify the perpetrator of a crime or explain his or her reason for acting
