federalism
the constitutional division of authority between the national and state governements
legislature
the governmental institution with the primary responsibility for enacting laws. There are 51 legislatures in this country
U.S Congress
the national legislature in the United States.
statues
a generally applicable law enacted by legislature. it applies within its respected jurisdiction
Congress's legislative authority categories
enumerated powers and implied powers
Enumerated powers of Congress
powers explicitly granted to governments by their constitution
Implied powers of congress
powers not expressly granted to government by a constitution but fairly implied by the document.
United States at Large
publication dating from 1789 where the Federal statues are arranged in order of their adoption. Statues are not arranged by subject matter.
U.S Code
where you find federal law as it currently stands, arranged by subject matter. Official Code of the Laws of the United States.
United States Code Annotated (U.S.C.A)
the most popular compilation of the federal law, used by lawyers, judges,and criminal justice professionals. Contains the entire U.S Code but after each statutory law is followed by court decisions interpreting the statue.
Session laws
when state legislatures adopt statues, they are published in volumes known as session laws
rules of statutory interpretation
rules developed by courts to determine the meaning of legislative acts
plain meaning rule
if the meaning of the text is plain, a court may not interpret it but must simply apply it as written
Canons of construction
rules governing the judicial interpretation of constitutions, statues, and other written instruments
legislative intent
the purpose that legislature created the law in the first place
Implied exception
reflects a common sense approach in determine the meaning of a statue
Federal Bureau of Investigation/FBI
empowered to investigate violations of federal criminal laws. Located in THE DEPARTMENT OF JUSTICE
U.S marshals service
the oldest federal law enforcement. Execute orders of federal courts and transfer prisoners
Police department
enforce the criminal laws of their own states
order maintenance
keeping the peace. involves more of a process of judgment and discretion rather than merely applying criminal law
Prosecutors
people who determine whether or not bring charges against suspected criminals, they frequently set the tone fr plea bargaining
Attorney General
head of the department of justice, the highest legal officer
United states attorneys
responsible for prosecuting crimes within a particular federal district
Independent counsel
special prosecutors, used in cases involving misconduct of high government officials
state's attorney
a state prosecutor
Nolle prosequi
an entry in the court record to the effect that the plaintiff or prosecutor will not proceed
indigent defendants
People facing prosecution who do not have enough money to pay for their own attorneys and court expenses.
public defenders
Court-appointed attorneys who are paid by the state to represent defendants who are unable to hire private counsel.
defense attorney
a lawyer that represents the defendant in a case
true bill
a.k.a an indicment handed down by a grand jury
no bill
handed down by grand jury saying there is not enough evidence for a case
U.S District Court
handles prosecutions for violations of Federal statues
intermediate appellate courts/District court of appeals
appellate judges hear appeals in civil and criminal cases
U.S Supreme Court
the highest appellate court in the federal judicial system.
writ of certiorari
discretionary review all decisions made by lower courts
rules of procedure
rules used by courts of law under constitutional authority governing procedures
courts of general jurisdiction
conduct trials in felony and major misdemeanor cases
courts of limited jurisdiction
courts that handle pretrial matters and conduct trials in minor misdemeanor cases
state supreme court
highest appellate court within the state
parens patriae
A legal doctrine that gives the state the authority to act in a child's best interest.
corrections system
designed to fulfill the criminal justice system's objective of providing punishment and rehabilitation of offenders. examples: probation,parole, and community service
cruel and unusual punishment
eighth amendment