Criminal Justice Chapter 3

Law

Rule of conduct, genrally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior

Statutory Law

legislative acts declaring, commanding, or prohibiting something

Penal Code

a state's written criminal law

Case Law

(civil law) a law established by following earlier judicial decisions

Common Law

a system of law based on precedent and customs

Rule of Law

principle that the law applies to everyone, even those who govern

Jurisprudence

the philosophy or science of law

Substantive Criminal Law

The part of the law that defines crimes and specifies punishments.

Procedural Law

rules for enforcement of legal rights and duties

Civil Law

A law that governs relationships between individuals and defines their legal rights.

Tort

(law) any wrongdoing for which an action for damages may be brought

Precedent

An act or statement that may serve as an example or justification for a later one

Stare Decisis

Let the decision stand; decisions are based on precedents from previous cases

Felony

a crime more serious than a misdemeanor and punishable by imprisonment for more than one year or death

Misdemeanor

an offense less serious than a felony and which may be punished by a fine or sentence to a local prison for less than one year

Offense

A violation of the criminal law. Also, in some jurisdictions, a minor crime, such as jaywalking, that is sometimes described as ticketable.

Infraction

minor violation of a rule or law

Treason

Betrayal of one's country

Espionage

the act of spying, especially a government spy obtaining secrets of another government

Inchoate Offense

An offense not yet completed. Also, an offense that consists of an action or conduct that is a step toward the intended commission of another offense.

Actus Reus

An act in violation of the law. Also, a guilty act.

Mens Rea

criminal intent (State of mind that accompanies a criminal act)

Reckless Behavior

Activity that increases the risk of harm.

Criminal Negligence

Behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences.

Motive

a reason for doing something

Strict Liability

liability without fault

Concurrence

The coexistence of (1) an act in violation of the law and (2) a culpable mental state.

Legal Cause

A legally recognizable cause. A legal cause must be demonstrated in court in order to hold an individual criminally liable for causing harm

Ex Post Facto

Criminal law passed after the fact(Crime)

Attendant Circumstances

The facts surrounding an event.

Element (of a crime)

In a specific crime, one of the essential features of that crime, as specified by law or statute.

Corpus Delicti

facts proving that a crime has been committed; body of the victim in a murder case

Defense (to a criminal charge)

Evidence and arguments offered by a defendant and his or her attorney to show why the defendant should not be held liable for a criminal charge.

alibi

A statement or contention by an individual charged with a crime that he or she was so distant when the crime was committed, or so engaged in other provable activities, that his or her participation in the commission of that crime was impossible.

Justification

A legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil.

Excuse

A legal defense in which the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.

Procedural Defense

A defense that claims that the defendant was in some significant way discriminated against in the justice process or that some important aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged.

Islamic Law

A system of laws, operative in some Arab countries, based on the Muslim religion and especially the holy book of Islam, the Koran.

Hudud Crime

A serious violation of Islamic law that is regarded as an offense against God.

Tazir Crime

A minor violation of Islamic law that is regarded as an offense against society, not God.

Self-Defense

a person having good reason to believe to be in danger of serious injury or death and uses force to protect self.

Reasonable Force

The degree of force that is appropriate in a given situation and is not excessive. Also, the minimum degree of force necessary to protect oneself, one's property, a third party,or the property of another in the face of a substantial threat.

Alter Ego Rule

In some jurisdictions, a rule of law that holds that a person can only defend a third party under circumstances and only to the degree that the third party could act on his or her own behalf.

Insanity Defense

A legal defense based on claims of mental illness or mental incapacity.

M'Naghten Rule

A rule for determining insanity, which asks whether the defendant knew what he or she was doing or whether the defendant knew that what he or she was doing was wrong.

Guilty but mentally ill

a verdict stating that defendants are guilty of committing a crime but are also suffering from a mental illness that should be treated during their imprisonment

Diminished Capacity

A defense based on clims of a mental condition that may be insufficient to exonerate the defendant of guilt but that may be relevant to specific mental elements of certain crimes or degrees of crime.

Incompetent to stand trial

In criminal proceedings, a finding by a court that as a result of mental illness, defect, or disability, a defendant is incapable of understanding the nature of the charges and proceedings against him or her, of consulting with an attorney, and of aiding in his or her own defense.

Entrapment

An improper or illegal inducement to crime by agents of law enforcement. Also, a defense that may be raised when such inducements have occurred.

Double Jeopardy

the Fifth Amendment right providing that a person cannot be tried twice for the same crime