Criminal Law Chapter 2

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