Law
federal, local, or state enactments of legislative bodies; known
decisions of courts of federal and state governments; rules and
regulations proclaimed by government bodies; proclamations by federal,
state, or local governments
Common Law
law created by judicial opinion
Statutory Law
law created through state and federal legislatures
Criminal Law
law that involves violation of public rights and duties, causing
social harm
Civil Law
law that deals with matters considered to be private concerns between individuals
Tort
civil violation; civil law's equivalent of a crime
Actus Reus
a willful unlawful act
Mens Rea
a guilty mind, or intent
Legality
no one can be punished for an act that was not defined as criminal
before the person did the act
Model Penal Code (MPC)
comprehensive recodification of the principles of American criminal responsibility
Jurisdiction
power of authority of a court to act with respect to any case before it
Federalism
all power resides in state governments unless specifically granted to
federal government
Probable Cause
evidence that there is a fair probability that the suspect committed
a crime; REQUIRED FOR AN ARREST BY LAW ENFORCEMENT OFFICIALS
Recognizance
promise to appear in court
Bail
deposit of cash, other property, or a bond, guaranteeing the accused
will appear in court
Bond
written promise to pay the bail sum, posted by a financially
responsible person, usually a professional bail bond agent
Preliminary Hearing
post-arrest, pretrial judicial hearing at which the judge decides if
there is probable cause to prosecute the accused (some are minimal;
others are like a mini-trial)
Grand Jury
panel of people chosen through court policies to review or conduct
criminal investigations; decide whether to charge crimes in cases
presented or investigated by them.
Indictment
paper issued by a
grand jury that charges an accused with a crime
Information
paper issued by a
prosecutor that charges the accused with a crime
Arraignment and Plea
defendant's appearance to respond formally to the charges
Habeas Corpus
You have the body." A legal action separate from the
criminal case; can only be brought by a prisoner who has exhausted all
the usual appellate remedies.