Test 2 Flashcards
Law
Formalized rules of social control codified in various authoritative sources
Private/Civil Law
Concerns the rights and relations of private individuals and is often associated with lawsuits, suing, torts, and remedies for wrongs often monetary
Public Law
Law that governs the relationship between the government and citizens, either individual or collective.
Administrative Law
Law that governs administrative agencies such as the FDA (Food and Drug Administration) and IRS (Internal Revenue Service).
Criminal Law/Substantive Criminal Law
Defines, prevents, and punishes actions (and inactions) considered to violate society’s codified rules.
Constitutional Law (framing law)
Establishes government and institutions, establishes fundamental principles and limits on law and government action. Procedural criminal law is part of constitutional law.
Habeas corpus
The government cannot detain someone without legally acceptable reasons
Ex post facto
Behavior cannot be criminalized after the fact.
The Bill of Rights
Part of the constitution but also its own distinct thing.
Procedural Law
Provides a set of rules for police and others who implement criminal law in the criminal justice system.
Substantial Law
Conduct of every member of society.
Procedural Government Law
Government conduct.
Robbery
Involves violence or threat of violence, making it more serious than taking property or breaking and entering
Actus Reus
The act, a guilty act
Mens rea
The state of mind
Concurrence
The agreement or correspondence between the act and the state of mind.
Causation
The act and state of mind causing a harmful outcome.
Over-Policing
Refers to excessive or unnecessary policing in certain communities.
Broken Windows
A metaphor for crime suggesting that if visible signs of disorder and neglect are not addressed, more serious crime can follow.
Deterrence Theory
Theory that states people are deterred from committing crimes by the punishment they may receive.
Trial court
The court of original jurisdiction, where litigation begins and evidence is presented to the jury.
Appellate Court
Reviews lower court decisions based on legal arguments, without live witness testimony or new evidence.
The role of the prosecutor
District Attorney responsible for prosecuting criminals, preventing crimes, and supporting victims.
Plea bargaining
The process where a criminal defendant agrees to waive their rights to a jury trial and pleads guilty to a lesser charge in exchange for certain concessions from the prosecutor.
Criminal Defense
A legal response to a criminal charge.
Denial of wrongdoing
Assertion of innocence, either in whole or in part.
Absolute Denial
Denial of some or all elements of a crime.
Affirmative defenses
Acceptance of the act but denial of legal culpability or acknowledgment of wrongful act with mitigating explanation.
Elements of a crime
Actus reus, mens rea, concurrence, causation, and harm.
Common defenses to criminal liability
Alibi, automatism, coercion/duress, defense of property,
