Criminal Law Chapter One

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  1. Certiorary
    A form of review of lower court decisions by the Supreme Court. Certiorary is discretionary  with the Court, and most petitions requesting it are denied.Traditional legal doctrine is that no conclusion can be drawn from a denial of certiorary.
  2. Habeas Corpus
    A writ that compels the authority holding a person in confinement to explain the basis for that confinement. Used frequently as a method for state and federal prisoners to attack the constitutionality of their imprisonment. Both the federal government and states have some form of habeas corpus law often called post-conviction relief laws.
  3. Public Law
    Laws or statutes that apply to all people within a state or nation. Criminal laws in England and the United States are examples of public law.
  4. Tort
    A non contractual civil wrong.
  5. Criminology 
    The sociological and psychological studly of the causes, development, and control of crime, as well as the conditions under which criminal law developed.
  6. Nulla Poena Sine Lege
    The principle of legality, no act should be made criminal or punished without advanced warning in the form of legislative act.
  7. Felony
    The most serious grade of crime. Usually comes with the possibility of a prison sentence.
  8. Misdemeanor
    Offenses that carry punishments of a degree less serious than a felony. Usually do not involve prison sentences.
  9. Ex Post Facto
    Criminal law made retroactive to punish prior conduct not criminal when done. Prohibited by Article 1, Sections 9 and 10 of the constitution
  10. Bill of Attainer
    Legislative act that inflicts punishment without trial; prohibited by Article 1, Sections 9 and 10, of the Constitution.
  11. Void For Vagueness Doctrine
    The constitutional law doctrine that invalidates criminal laws written in such manner as to make it unreasonably difficult to know weather or not conduct is prohibited by law.
  12. Due Process
    The constitutional gurantee that criminal arrests and trilas must meet certain minimal standards of fairness (procedural due process) and laws not violate constitutional rights (substantive due process).
  13. Police Power
    The inherent power of every state and local government, subject to constitutional limits, to enact criminal laws.
  14. Overbreadth Doctrine
    The constitutional law doctrine that invalidates that laws that regulate conduct so broadly as to interfere with individual freedoms.
  15. Status Crimes
    Criminal Laws that punish a status such as drug addiction, with no act requirement.
  16. Equal Protection Clause of the 14th Amendment
    Requires that states must treat people alike, not only in enacting laws but also in enforcing them
  17. Common Law
    The earliest type of law. Not written
  18. Magna Carta
    The document signed by the King John in 1215 giving certain rights to nobles 
  19. Administrative Crime
    Crime created by government administrative agencies under specific authority and guidelines granted to the regulatory or administrative agency by law of that state of the federal government
  20. Jurisdiction
    (geographical, regional) Power to regulate conduct and punish and offender.
  21. Extradition
    The surrender of an accused criminal under the provisions of a treaty or statute by one authority to another having jurisdiction.
  22. federal enclaves
    Federally owned and operated lands
  23. United States Nations Conventions
    An agreement between nations on a specific subjects, such as piracy at sea.
  24. Marine Jurisdiction
    Jurisdiction of the United States over actions within territorial waters on the United States on U.S. ships, or stateless vessels on high seas.
  25. Marital Law
    A state law of military control over civilian populations as declared by state or federal goverment
  26. Reasonable Doubt
    Proof beyond a reasonable doubt means that it is not enough to prove it was more likely than not an element of the crime was true. The proof must be such that a reasonable person could not conclude the element was not true.
  27. Actus Reus
    The criminal act.
  28. Mens Rea
    The criminal intent or state of mind.
  29. Concurrence
    The requirement in crimes requiring proof of mental intent that the forbidden act and guilty act and guilty mind must occur at the same time or otherwise be linked. For example, trustees, guardians, and lawyers might have possession of another person's money (physical act). For the crime of embezzlement to occur they must intentionally and wrongfully misappropriate this money (forbidden act and guilty mind).
  30. Intent
    The mental purpose or design to commit a specific act (or omission).
  31. Motive
    The cause, inducement, or reason why an act is committed.
  32. Strict Liability Crime
    Crime that does not require proof of the mental element essential to the crime.
  33. Proximate Cause
    The ordinary and probable cause of a result.
  34. Presumption
    A rule of law that the trier of fact shall assume the existence of a state of facts without evidence being produced. Presumptions are irrebuttable or irrefutable.
  35. Inference
    A conclusion or deduction that a jury or judge may draw from a fact or a group or facts presented to them.
  36. Legislative Branch
    Enacts Laws
  37. Executive Branch
    Enforces Laws
  38. Executive Branch
    Enforces laws.
  39. Judicial Branch
    Trie those charged with crimes
  40. Private deals with
    relationships between individuals such as divorce, contractual issues, real estate law, and private inheritance
  41. Substantive Law
    Laws bad statutes that define and regulate criminal conduct.
  42. Substantive Criminal Law
    Defines the standards of conduct that the society and community require for the protection of the community as a whole.
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Criminal Law Chapter One
2014-01-30 02:30:12
Criminal Law

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