crime
a violation of the criminal law or penal code
penal code
the criminal law of a political jurisdiction
tort
a violation of the civil law
criminal law
branch of civil law that concerns itself w offenses committed against society its members, their property, and social order
substantive law
laws that prohibit and penalize murder, rape, robbery, and other crimes.the body of law that defines criminal offenses and their penalties.
procedural law
laws that are concerned with due process of law.the body of law that governs the ways in which the substantive laws are to be administered.
due process of law
the rights of people suspected of or charged with crimes
stare decisis
the principle of using precedents to guide future decisions in court cases.
case law
the body of judicial precedent that is historically built upon legal reasoning and past interpretations of statutory laws.
Case law serves as a guide to decision making, especially in the courts.
administrative law
Rulings are made by government agencies.
This type of law is not usually directed at criminal violations.
the bill of rights
the first 10 amendments are known as
procedural law
the body of rules that regulates the processing of an offender by the criminal justice system ex fingerprinting
14th amendment
amendment that states you can't make a law that violated the constitution
4th amendment
search&seizure question of what to do w evidence that is illegally obtained not just property but people as well
exclusionary rule
this rule prohibits the use of items obtained as a result of an unreasonable search&seizure as evidence against a criminal defendant
searches
explorations or inspections, by law enforcement officers, of homes, premises, vehicles, or persons, for the purpose of discovering evidence of crimes or persons who are accused of crimes
seizures
the taking of persons or property into custody in response to violations of the criminal law
arrest
the taking of a person into physical custody by authority of law, for the purpose of charging the person with a criminal offense
social
a typical _____ definition of crime is "behavior that violates the norms or mores of society
legal
a typical _____ definition of crime is "an intentional violation of the criminal law or penal code, committed w out defense of excuse and penalized by state
true
NIBRS will replace the Uniform Crime reporting method
crime rate
_______ is expressed as the # of crimes per unit of population of some other base
all provide exceptions to the exclusionary rule
what do the following 3 supreme court cases share in common: US v Leon Massachusetts v Sheppard and Nix v Willaims
contains more data on each crime making it possible to examine crimes in much more detail
perhaps the greatest and most important difference between the NIBRS and the UCR is that NIBRS ..
under duress
if a person doesn't want to commit a crime but is forced to do so against his/her will he or she committed the crime:
true
the "castle doctrine" or "stand your ground law" provides that someone attacked in his or her home can use reasonable force, including deadly force to protect his/her or anthers life..
Bill of Rights
most of the procedural or due process rights given to criminal suspects
stare decisis
the principle of courts and judges recognizing past decisions and a guide for future deliberations is known as
guilty act
the term actus reus means
criminal law
this type of law assumes that wrongful acts inure not just individuals but society as a whole
false this is the definition of common law
case law consists of unwritten legal precedents created from english social customs, rules, and practices
involuntary intoxication
this defense is used when someone is tricked
entrapment
the term used if police engage in activity that would cause a person to commit a crime
6th amendment
which constitutional amendment deals w the right to a speedy trial
gut feeling
mere suspicion
reasonable suspicion
based on these observations i thought that this person may be able to question him (can't arrest him though)
frisk
pat down for weapons
preponderance of evidence
clear & convincing evidence
5th amendment
bar against double jeopardy privilege against forced self-incrimination don't have to answer questions
8th amendment
what amendment is excessive bail & cruel & unusual punishment