Criminal Justice Systems, Chapter 3

mens rea

Latin for "guilty mind," used in court to prove criminal intent.

stare decisis

Latin for "let the decision stand," meaning that judges must respect precedents set in previous court cases.

lex talionis

Latin for "the law of retribution" and commonly referred to as "an eye for an eye." This philosophy calls for retaliation in which the punishment received should fit the crime committed.

actus reus

Latin term meaning "guilty act," used to indicate the physical act of the crime. Usually paired with mens rea to show criminal liability.

battered woman syndrome

a criminal defense developed to excuse or mitigate the actions of women who kill their abusers in cases of domestic violence despite a lack of imminent danger.

felony

a criminal offense (e.g., murder, robbery, rape) that is more serious and generally results in more severe punishment than a misdemeanor.

insanity defense

a defense based on the belief that a select group of people who suffer from mental illness are unable to control their actions to such an extent that they cannot be held accountable for their crimes.

irresistible impulse test

a defense that fails to find a person criminally responsible if the mental disease prevents the person from controlling his or her behavior.

utilitarianism

a doctrine stating that an action is morally right as long as the behavior is a benefit for the majority of a society. This is the concept of the "greatest good for the greatest number."

rule of law

a fundamental principle in the criminal justice system in the US that all government officers--including those in the criminal justice system--pledge to uphold the Constitution and to follow the Constitution, not any particular human leader,

retribution

a goal of law that states that punishment is deserved or morally right. In addition, it is a goal of sentencing that seeks to punish the offender for criminal behavior.

ex post facto law

a law that a legislature passed after a crime was committed. At the time the person committed the action, it was legal, and only later was the act deemed criminal.

misdemeanor

a less serious crime punishable by fine, forfeiture, or short-term confinement, though in some jurisdictions gross, aggravated, or serious misdemeanors may be charged.

constitutional law

a major source of law that establishes the fundamental rules and relationships among the judiciary, legislative, and executive branches at the state and federal levels.

felicitous or hedonistic calculus

a measure indicating how much pleasure an individual gains from a specific act.

common law

a type of legal system originally developed in England, whereby the courts define the law and determine how to apply the law. This is the body of law derived from judicial opinions.

M'Naghten standard

also called the "right-wrong" test, requires a jury to consider two questions: Did the defendant understand what he or she was doing when the crime was committed? Did the defendant know that his or her actions were wrong?

Brawner rule

also called the ALI rule, it reduced "knowing right from wrong" to the capacity to appreciate the difference between the two. In other words, a defendant must possess an "understanding of his conduct" and be able to "control his actions."

panopticon

an architectural design developed by Jeremy Bentham that allows a single person to watch others in a prison setting without those incarcerated knowing they are being watched.

Age of Enlightenment

brought about new ways of thinking including reforms arising from outrage against the barbaric system of law and punishment just before the French Revolution in the late 18th century.

class action lawsuits

civil cases involving large numbers of victims in which courts authorize a single individual or small faction to represent the interests of the larger group.

wobblers

crimes that can be charged as either felonies or misdemeanors.

administrative law

derives from a legislative body's delegation of authority over commissions or boards to regulate activities controlled by written statutes.

Durham test

determines if a criminal act was a product of mental disease or defect. This requires that jurors determine if a defendant had a mental disease or defect and if the condition was the reason for the criminal behavior.

landmark cases

establish precedent that markedly changes the interpretation of a prior law or establishes new case law.

statutes

formal rules, or law, adopted by a governing body such as a state legislature.

civil law

law that deals with disputes between individuals or organizations and typically seeks some type of compensation for the harmed party.

case law

law that is based on previous court decisions or precedents.

compensatory damages

money awarded in a civil lawsuit for loss or injury suffered as a result of unlawful conduct.

punitive damages

money awarded in addition to compensatory damages to punish the defendant for recklessness, malice, or deceit.

ordinances

municipal or city rules

trial by ordeal

primitive form of trial in which the outcome rested in the hands of God to determine guilt or innocence by protecting an innocent person from some or all the consequences of the test.

restitution

repayment as part of a punishment for injury or loss.

procedural law

rules governing court proceedings.

substantive law

rules that are used to determine the rights of individuals and collective bodies.

incapacitation

sentencing goal that isolates the offender from the public and takes away one's ability to commit a crime against those in the public.

rehabilitation

sentencing goal that seeks to reduce chances of future offenders through education, alcohol or drug programs, psychological programs, and other treatments.

Bill of Rights

the first 10 amendments to the US Constitution, which guide procedural law pertaining to issues such as arrests, warrants, search/seizure, and trials.

preemption doctrine

the idea put forth in the Constitution that federal law is the "Supreme Law of the Land." In other words, usually federal law overrides conflicting state laws.

precedent

the legal principle of stare decisis, latin for "let the decision stand," it establishes prior case decisions as binding precedent.

specific deterrence

the notion that punishment serves to deter the individual being punished from committing crime in the future.

general deterrence

the notion that the general populace will be deterred from committing crimes based on the perceived negative consequences of being caught.

Code of Hammurabi

the oldest known legal code, it established approximately 300 provisions for family, trade, real property, personal property, and labor.