Administrative law
Rules and regulations made, through proper procedures, by agencies to which power has been delegated by a state legislature or, in the federal system, by the U.S. Congress. Administrative agencies also investigate and decide cases concerning potential vio
Adversary system
The Anglo-American system for settling disputes in court. It assumes the defendant is innocent until proven guilty. Prosecuting attorneys, representing the state, and defense attorneys, representing the defendant, try to convince a judge or jury of their
Affirmative defense
The introduction by the defense attorney of new factual allegations that, if true, constitute a complete or partial defense to the crime charged. See also Defense.
Appeal
A step in a judicial proceeding, involving a petition to a higher court to review a lower court's decision.
Appellant
The party in a lawsuit who appeals a court's decision to a higher court, arguing that the lower court made a mistake that prejudiced the appellant, who now deserves a reversal of the decision and the new hearing.
Appellee
The party against whom this appeal is filed
Beyond a reasonable doubt
The standard of proof in criminal cases. Often the concept is not defined by courts, but it refers to evidence that is fully satisfactory, entirely convincing, and true to a moral certainty.
Bill of attainder
Defined by the U.S. Supreme Court in 1876 as a "legislative act which inflicts punishment without a judicial trial." Originally, the phrase referred only to the death penalty, and a bill of attainder involving lesser penalties was called a bill of pains a
Burden of proof
In a legal case, the duty of proving a disputed fact. For example, in a criminal case the state has the burden of proving the defendant guilty beyond a reasonable doubt.
Case law
The aggregate of reported judicial decisions, which are legally binding court interpretations of written statutes and previous court decisions or rules made by courts in the absence of written statutes or other sources of law.
Civil law
In contrast to criminal law, civil law pertains to rules that are concerned with private or civil rights. The wronged person seeks compensation through civil litigation.
Codified
Reducing customs, unwritten laws, and rules, to written statutes.
Common law
Contrasted to written law, common law consists of legally binding rules derived from judicial decisions, customs, and traditions. Broadly defined, it refers to the legal system that began in England and was followed in the United States.
Crime
An act of omission or intention that violates criminal case or statutory law and is punishable by law.
Criminal law
The ordinances, regulations, and statutes that define behavior considered to be a threat to the well-being of society and for which legal sanctions are provided. The accused must be prosecuted by the government.
Cruel and unusual punishment
Punishment that is prohibited by the Eighth Amendment of the U.S. Constitution. Examples are torture, excessively long sentences, and the death penalty for rape without homicide. State constitutions may also prohibit cruel and (or) unusual punishment.
Defense attorney
The attorney for the defendant in a legal proceeding.
Deterrence
A punishment philosophy that assumes that behavior may be controlled and criminal behavior prevented by the threat of punishment. General deterrence strives to discourage criminality by other people by intimidating them with the punishment of an offender.
Discretion
Decisions based on one's judgment rather than legal rules. In criminal justice systems discretion can result in inconsistency but also in actions suitable for individual circumstances.
Dual court system
System that characterizes U.S. court systems, consisting of a federal system and 50 state systems, which pass and enforce their own laws, along with municipal systems that make and enforce their own ordinances.
Due process
Constitutional principle that a person's life, liberty, or property cannot be deprived without lawful procedures. The courts interpret what due process requires in specific fact patterns.
Equal protection
The constitutional principle guaranteeing that U.S. legal systems shall not deny to any person or class of persons the same treatment as other persons or classes of persons in the same or similar situations. Of particular significance are the circumstance
Ex post facto law
A law that provides punishment for an act that was not defined as a crime when the act was committed or that increases the penalty for a crime committed prior to the enactment of the statute. Ex post facto laws are not permitted under the U.S. Constitutio
Substantive law
group of laws that define rights and duties
Felony
A serious offense such as murder, armed robbery, or rape. Punishments for felonies range from one year's imprisonment to death but may also include fines, community service, or even probation
Fundamental right
In U.S. constitutional law, a right that is named in the U.S. Constitution or implied within that document. It includes such rights as free speech and the right to the free exercise of religion. Fundamental rights may be controlled by the government, but
Incapacitation
A punishment theory and a sentencing goal, generally implemented by incarcerating offenders to prevent them from committing any other crimes. In earlier times, incapacitation involved such measures as removing the hands of thieves or castrating rapists.
Inquisitorial system
A system in which the accused is presumed guilty and must prove his or her innocence.
judicial review
The process that occurs when appellate courts review and interpret the acts that occur in the lower courts. Those issues on review may be upheld, altered, reversed, or remanded. Appellate courts may also review acts that occur within the legislative and e
Jurisdiction
The lawful exercise of authority, and the geographic area (or subject matter) in which authority may be exercised. For instance, city police have legal authority only within the city limits. Courts may only hear cases for which they have jurisdiction (e.g
Statutory law
Law that originates with the legislature in a written enactment.
Jury nullification
The power of juries to ignore the evidence and acquit even in the face of strong evidence supporting a conviction.
Mala in se
Acts that are considered by most people to be morally wrong in themselves, such as rape, murder, or robbery.
Mala prohibita
Acts that are generally considered wrong because they are prohibited by legislation, although they may not be recognized by most people as morally wrong.
Stare decisis
Literally, "Let the decision stand." Stare decisis means that although the law must be flexible and change with the times, it must also be stable and predictable, and courts are reluctant to make changes.
Mercy killings
A term applied to the act of killing someone, often at that person's request, because of a terminal illness, considerable pain, or a debilitating handicap. See also Euthanasia.
Sanction
A penalty or punishment that is imposed on a person in order to enforce the law.
Misdemeanor
A crime that is less serious than a felony and that is punishable by a fine, probation, community service, or short confinement in a jail.
Mistrial
A trial declared invalid for a variety of reasons (e.g., the inability of a jury to reach a verdict, the death of a juror or counsel, or improper behavior by a juror or others involved in the trial).
Retribution
The philosophy that offenders should receive the punishment they deserve in light of the crimes they committed.
Model Penal Code (MPC
The American Law Institute's systemized statement of criminal law that was proposed in 1962 and has been subsequently revised. Its provisions are suggested as models for state criminal law revisions.
Procedural law
The body of law that provides the legal methods and procedures by which substantive law is to be enforced.
Prosecutor or prosecuting attorney
A government official whose duty is to initiate and maintain criminal proceedings on behalf of the government against persons accused of committing crimes.
Rehabilitation
Punishment philosophy that attempts to reform the offender through education, work, or other appropriate treatment modalities.