January 24, 2013
Criminal Law & Procedure
Dr. Louis Minifield
Chapters 1 & 2 Definitions and Questions:
- A “wrongful act” that, combined with other necessary elements of crime,
constitutes criminal liability.
-Judicial tribunals that review decisions from lower tribunals.
- An appearance before a court of law for the purpose of pleading to a
Bill of Rights
- A written enumeration of basic rights, usually annexed to a written
constitution-for example, the first ten amendments to the U.S. Constitution.
bill of attainder
- A legislative act imposing punishment without trial upon persons
deemed guilty of treason or felonies (prohibited by the U.S. Constitution)
-A massive treatise on the English common law published
in 1769 by Sir William Blackstone, a professor at Oxford University. In America,
Blackstone’s Commentaries became something of a legal bible.
breaches of contract
-The violation of a provision in a legally enforceable agreement that
gives the damaged party to recourse in a court of law.
-The refusal to comply with certain laws or to pay taxes and fines, as a
peaceful form of political protest.
-The doctrine that the Constitution is the supreme law of the
land and that all actions and policies of government must be consistent with it.
- A trial in the court of law to determine the guilt or innocence of a person
charged with a crime.
- Capital punishment; a sentence to death for the commission of a crime.
-Law declared by appellate courts in their written decisions and opinions.
due process of law
-Procedural and substantive rights of citizens against government
actions that threaten the denial of life, liberty, or property.
English common law
-The body of decisional law based largely on custom as declared
by English judges after the Norman Conquest of 1066.
error correction function
- The function of appellate courts in reviewing routine appeals
and correcting the errors of trial courts.
Ex post facto laws
- A retroactive law that criminalizes actions that were legal at the time
they were taken or increases punishment for al criminal act after it was committed.
- A hearing in which both parties have a reasonable opportunity to be heard-
to present evidence and make arguments. A fundamental element of due process of law.