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Outline of criminal justice

Index Outline of criminal justice

The following outline is provided as an overview of and topical guide to criminal justice: Criminal justice – system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts. [1]

133 relations: Abuse defense, Actus reus, Administrative law, Affray, Arraignment, Arrest, Arrest warrant, Arson, Assault, Attendant circumstance, Bail, Black's Law Dictionary, Burglary, Capital punishment, Case law, Causation (law), Chain of custody, Citizen's arrest, Civil law (legal system), Clearance rate, Command responsibility, Common law, Concurrence, Conflict model (criminal justice), Consensus model (criminal justice), Corpus delicti, Corrections, Court, Crime, Crime statistics, Criminal justice, Criminal law, Criminal negligence, Criminology, Defence of property, Defense (legal), Deterrence (legal), Diminished responsibility, Diminished responsibility in English law, Double jeopardy, Due process, Elder abuse, Embezzlement, Entrapment, Espionage, Excuse, Execution warrant, False arrest, Felony, Government, ..., Grand jury, Habeas corpus, Hate crime, Ignorantia juris non excusat, Inchoate offense, Indictable offence, Indictment, Individual and group rights, Innovative defense, Insanity defense, Judiciary, Jurisprudence, Jury instructions, Jury nullification, Jury trial, Justice, Kangaroo court, Kidnapping, Larceny, Law, Legal liability, Legislature, List of U.S. criminal justice academics, M'Naghten rules, Mafia, Manslaughter, Manslaughter in English law, Mens rea, Miranda warning, Misdemeanor, Mistake (criminal law), Motive (law), Motor vehicle theft, Murder, Murder in English law, Obscenity, Organized crime, Outline (list), Outline of forgery, Oxford University Press, Pardon, Peremptory plea, Perjury, Plea bargain, Precedent, Predation, Preliminary hearing, Private law, Probable cause, Probation, Procedural defense, Prosecutorial misconduct, Prostitution, Provocation (legal), Provocation in English law, Public-order crime, Rape, Rehabilitation (penology), Restorative justice, Right of self-defense, Robbery, Rule of law, Selective prosecution, Sentence (law), Sharia, Shoplifting, Social control, Speedy Trial Clause, Star Chamber, Statute of limitations, Statutory law, Suicide, Summary offence, Terrorism, Theft, Treason, Trespass, Trial, Trial de novo, Violence, War crime, Warrant (law), Writ. Expand index (83 more) »

Abuse defense

The abuse defense is a criminal law defense in which the defendant argues that a prior history of abuse justifies violent retaliation.

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Actus reus

Actus reus, sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liability in the common law-based criminal law jurisdictions of England and Wales, Canada, Australia, India, Kenya, Pakistan, South Africa, New Zealand, Scotland, Nigeria, Ghana, Ireland, Israel and the United States of America.

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Administrative law

Administrative law is the body of law that governs the activities of administrative agencies of government.

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Affray

In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of one or more persons in a public place to the terror (in à l'effroi) of ordinary people.

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Arraignment

Arraignment is a formal reading of a criminal charging document in the presence of the defendant to inform the defendant of the charges against them.

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Arrest

An arrest is the act of apprehending a person and taking them into custody, usually because they have been suspected of committing or planning a crime.

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Arrest warrant

An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property.

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Arson

Arson is a crime of intentionally, deliberately and maliciously setting fire to buildings, wildland areas, abandoned homes, vehicles or other property with the intent to cause damage or enjoy the act.

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Assault

An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action.

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Attendant circumstance

In law, attendant circumstances (sometimes external circumstances) are the facts surrounding an event.

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Bail

Bail is a set of restrictions that are imposed on a suspect while awaiting trial, to ensure they comply with the judicial process.

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Black's Law Dictionary

Black's Law is the most widely used law dictionary in the United States.

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Burglary

Burglary (also called breaking and entering and sometimes housebreaking) is an unlawful entry into a building or other location for the purposes of committing an offence.

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Capital punishment

Capital punishment, also known as the death penalty, is a government-sanctioned practice whereby a person is put to death by the state as a punishment for a crime.

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Case law

Case law is a set of past rulings by tribunals that meet their respective jurisdictions' rules to be cited as precedent.

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Causation (law)

Causation is the "causal relationship between conduct and result".

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Chain of custody

Chain of custody (CoC), in legal contexts, refers to the chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, and disposition of physical or electronic evidence.

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Citizen's arrest

A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official.

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Civil law (legal system)

Civil law, civilian law, or Roman law is a legal system originating in Europe, intellectualized within the framework of Roman law, the main feature of which is that its core principles are codified into a referable system which serves as the primary source of law.

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Clearance rate

In criminal justice, clearance rate is calculated by dividing the number of crimes that are "cleared" (a charge being laid) by the total number of crimes recorded.

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Command responsibility

Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the legal doctrine of hierarchical accountability for war crimes.

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Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

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Concurrence

In Western jurisprudence, concurrence (also contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence of both actus reus ("guilty action") and mens rea ("guilty mind"), to constitute a crime; except in crimes of strict liability.

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Conflict model (criminal justice)

The conflict model of criminal justice, sometimes called the non-system perspective or system conflict theory, argues that the organizations of a criminal justice system either do, or should, work competitively to produce justice, as opposed to cooperatively.

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Consensus model (criminal justice)

The Consensus Model or Systems Perspective of criminal justice argues that the organizations of a criminal justice system either do, or should, work cooperatively to produce justice, as opposed to competitively.

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Corpus delicti

Corpus delicti (Latin: "body of the crime"; plural: corpora delicti) is a term from Western jurisprudence referring to the principle that a crime must be proved to have occurred before a person can be convicted of committing that crime.

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Corrections

In criminal justice, particularly in North America, correction, corrections, and correctional, are umbrella terms describing a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and supervision of persons who have been convicted of crimes.

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Court

A court is a tribunal, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law.

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Crime

In ordinary language, a crime is an unlawful act punishable by a state or other authority.

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Crime statistics

There are several methods for measuring the prevalence of crime.

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Criminal justice

Criminal justice is the delivery of justice to those who have committed crimes.

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Criminal law

Criminal law is the body of law that relates to crime.

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Criminal negligence

In criminal law, criminal negligence is a surrogate mens rea (Latin for "guilty mind") required to constitute a conventional as opposed to strict liability offense.

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Criminology

Criminology (from Latin crīmen, "accusation" originally derived from the Ancient Greek verb "krino" "κρίνω", and Ancient Greek -λογία, -logy|-logia, from "logos" meaning: “word,” “reason,” or “plan”) is the scientific study of the nature, extent, management, causes, control, consequences, and prevention of criminal behavior, both on the individual and social levels.

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Defence of property

The defence of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury that they have caused because they were acting to protect their property.

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Defense (legal)

In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense (or defence) in an attempt to avoid criminal or civil liability.

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Deterrence (legal)

Deterrence is the use of punishment as a threat which is considered as a means to prevent people from offending or to reduce the probability and/or level of offending.

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Diminished responsibility

In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired.

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Diminished responsibility in English law

In English law, diminished responsibility is one of the partial defences that reduce the offence from murder to manslaughter if successful (termed "voluntary" manslaughter for these purposes).

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Double jeopardy

Double jeopardy is a procedural defence that prevents an accused person from being tried again on the same (or similar) charges and on the same facts, following a valid acquittal or conviction.

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Due process

Due process is the legal requirement that the state must respect all legal rights that are owed to a person.

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Elder abuse

Elder abuse (also called "elder mistreatment", "senior abuse", "abuse in later life", "abuse of older adults", "abuse of older women", and "abuse of older men") is "a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person." This definition has been adopted by the World Health Organization (WHO) from a definition put forward by Action on Elder Abuse in the UK.

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Embezzlement

Embezzlement is the act of withholding assets for the purpose of conversion (theft) of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes.

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Entrapment

In criminal law, entrapment is a practice whereby a law enforcement agent induces a person to commit a criminal offence that the person would have otherwise been unlikely or unwilling to commit.

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Espionage

Espionage or spying, is the act of obtaining secret or confidential information without the permission of the holder of the information.

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Excuse

In jurisprudence, an excuse is a defense to criminal charges that is distinct from an exculpation.

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Execution warrant

An execution warrant (also called death warrant or black warrant) is a writ that authorizes the execution of a judgment of death (capital punishment) on an individual.

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False arrest

False arrest is a common law tort, where a plaintiff alleges he or she was held in custody without probable cause, or without an order issued by a court of competent jurisdiction.

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Felony

The term felony, in some common law countries, is defined as a serious crime.

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Government

A government is the system or group of people governing an organized community, often a state.

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Grand jury

A grand jury is a legal body empowered to conduct official proceedings and investigate potential criminal conduct, and determine whether criminal charges should be brought.

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Habeas corpus

Habeas corpus (Medieval Latin meaning literally "that you have the body") is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.

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Hate crime

A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of his or her membership (or perceived membership) in a certain social group or race.

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Ignorantia juris non excusat

Ignorantia juris non excusatBlack's Law Dictionary, 5th Edition, pg.

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Inchoate offense

An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime.

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Indictable offence

In many common law jurisdictions (e.g., England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence).

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Indictment

An indictment is a formal accusation that a person has committed a crime.

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Individual and group rights

Group rights, also known as collective rights, are rights held by a group qua group rather than by its members severally; in contrast, individual rights are rights held by individual people; even if they are group-differentiated, which most rights are, they remain individual rights if the right-holders are the individuals themselves.

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Innovative defense

Innovative defenses (the invention of which is sometimes called creative lawyering) are relatively new and untried defenses for having committed a criminal act.

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Insanity defense

The insanity defense, also known as the mental disorder defense, is a defense by excuse in a criminal case, arguing that the defendant is not responsible for his or her actions due to an episodic or persistent psychiatric disease at the time of the criminal act.

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Judiciary

The judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state.

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Jurisprudence

Jurisprudence or legal theory is the theoretical study of law, principally by philosophers but, from the twentieth century, also by social scientists.

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Jury instructions

Jury instructions are the set of legal rules that jurors ought follow when deciding a case.

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Jury nullification

Jury nullification is a concept where members of a trial jury find a defendant not guilty if they do not support a government's law, do not believe it is constitutional or humane, or do not support a possible punishment for breaking the law.

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Jury trial

A jury trial, or trial by jury, is a lawful proceeding in which a jury makes a decision or findings of fact.

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Justice

Justice is the legal or philosophical theory by which fairness is administered.

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Kangaroo court

A kangaroo court is a court that ignores recognized standards of law or justice, and often carries little or no official standing in the territory within which it resides.

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Kidnapping

In criminal law, kidnapping is the unlawful carrying away (asportation) and confinement of a person against his or her will.

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Larceny

Larceny is a crime involving the unlawful taking of the personal property of another person or business.

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Law

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior.

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Legal liability

In law, liable means "esponsible or answerable in law; legally obligated." Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies.

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Legislature

A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city.

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List of U.S. criminal justice academics

The following is a list of notable academics within the field of criminal justice in the United States.

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M'Naghten rules

The M'Naghten rule (pronounced, and sometimes spelled, McNaughton) is any variant of the 1840s jury instruction in a criminal case when there is a defense of insanity: The rule was formulated as a reaction to the acquittal in 1843 of Daniel M'Naghten on the charge of murdering Edward Drummond, whom M'Naghten had mistaken for British Prime Minister Robert Peel.

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Mafia

A mafia is a type of organized crime syndicate whose primary activities are protection racketeering, the arbitration of disputes between criminals, and the organizing and oversight of illegal agreements and transactions.

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Manslaughter

Manslaughter is a common law legal term for homicide considered by law as less culpable than murder.

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Manslaughter in English law

In the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the mens rea (Latin for "guilty mind") or by reason of a partial defence.

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Mens rea

Mens rea (Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed.

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Miranda warning

The Miranda warning, which also can be referred to as a person's Miranda rights, is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.

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Misdemeanor

A misdemeanor (American English, spelled misdemeanour in British English) is any "lesser" criminal act in some common law legal systems.

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Mistake (criminal law)

A mistake of fact may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the required mens rea, and so will escape liability for offences that require mens rea.

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Motive (law)

A motive, in law, especially criminal law, is the cause that moves people to induce a certain action.

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Motor vehicle theft

Motor vehicle theft or grand theft auto is the criminal act of stealing or attempting to steal a motor vehicle.

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Murder

Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human being with malice aforethought.

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Murder in English law

Murder is an offence under the common law of England and Wales.

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Obscenity

An obscenity is any utterance or act that strongly offends the prevalent morality of the time.

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Organized crime

Organized crime is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals who intend to engage in illegal activity, most commonly for money and profit.

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Outline (list)

An outline, also called a hierarchical outline, is a list arranged to show hierarchical relationships and is a type of tree structure.

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Outline of forgery

The following outline is provided as an overview of and topical guide to forgery: Forgery – process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive.

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Oxford University Press

Oxford University Press (OUP) is the largest university press in the world, and the second oldest after Cambridge University Press.

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Pardon

A pardon is a government decision to allow a person to be absolved of guilt for an alleged crime or other legal offense, as if the act never occurred.

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Peremptory plea

In the common law, the peremptory pleas (pleas in bar) are defensive pleas that set out special reasons for which a trial cannot proceed; they serve to bar the case entirely.

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Perjury

Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters a generation material to an official proceeding.

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Plea bargain

The plea bargain (also plea agreement, plea deal, copping a plea, or plea in mitigation) is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor.

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Precedent

In common law legal systems, a precedent, or authority, is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.

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Predation

Predation is a biological interaction where a predator (a hunting animal) kills and eats its prey (the organism that is attacked).

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Preliminary hearing

Within some criminal justice systems, a preliminary hearing, preliminary examination, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial.

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Private law

Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems).

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Probable cause

In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant.

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Probation

Probation in criminal law is a period of supervision over an offender, ordered by the court instead of serving time in prison.

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Procedural defense

In jurisprudence, procedural defenses are forms of defense challenging the legitimacy of the legal proceeding.

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Prosecutorial misconduct

In jurisprudence, prosecutorial misconduct is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment." It is similar to selective prosecution.

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Prostitution

Prostitution is the business or practice of engaging in sexual activity in exchange for payment.

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Provocation (legal)

Provocation is a set of events that might be adequate to cause a reasonable person to lose self control, whereby a criminal act is less morally culpable than a premeditated act done out of pure malice (malice aforethought).

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Provocation in English law

In English law, provocation was a mitigatory defence alleging a total loss of control as a response to another's provocative conduct sufficient to convert what would otherwise have been murder into manslaughter.

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Public-order crime

In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and customs.

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Rape

Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person's consent.

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Rehabilitation (penology)

Rehabilitation is the re-integration into society of a convicted person and the main objective of modern penal policy, to counter habitual offending, also known as criminal recidivism.

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Restorative justice

Restorative justice is an approach to justice in which the response to a crime is to organize a mediation between the victim and the offender, and sometimes with representatives of a wider community as well.

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Right of self-defense

The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable force or defensive force, for the purpose of defending one's own life or the lives of others, including, in certain circumstances, the use of deadly force.

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Robbery

Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by putting the victim in fear.

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Rule of law

The rule of law is the "authority and influence of law in society, especially when viewed as a constraint on individual and institutional behavior; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes".

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Selective prosecution

In jurisprudence, selective prosecution is a procedural defense in which a defendant argues that they should not be held criminally liable for breaking the law, as the criminal justice system discriminated against them by choosing to prosecute.

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Sentence (law)

A sentence is a decree of punishment of the court in criminal procedure.

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Sharia

Sharia, Sharia law, or Islamic law (شريعة) is the religious law forming part of the Islamic tradition.

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Shoplifting

Shoplifting (also known as boosting and five-finger discount), is the unnoticed theft of goods from an open retail establishment.

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Social control

Social control is a concept within the disciplines of the social sciences.

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Speedy Trial Clause

The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides that "n all criminal prosecutions, the accused shall enjoy the right to a speedy trial" The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of trial.

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Star Chamber

The Star Chamber (Latin: Camera stellata) was an English court of law which sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Councillors and common-law judges, to supplement the judicial activities of the common-law and equity courts in civil and criminal matters.

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Statute of limitations

Statutes of limitations are laws passed by legislative bodies in common law systems to set the maximum time after an event within which legal proceedings may be initiated.

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Statutory law

Statutory law or statute law is written law set down by a body of legislature or by a singular legislator (in the case of absolute monarchy).

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Suicide

Suicide is the act of intentionally causing one's own death.

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Summary offence

A summary offence is a crime in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence).

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Terrorism

Terrorism is, in the broadest sense, the use of intentionally indiscriminate violence as a means to create terror among masses of people; or fear to achieve a financial, political, religious or ideological aim.

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Theft

In common usage, theft is the taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.

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Treason

In law, treason is the crime that covers some of the more extreme acts against one's nation or sovereign.

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Trespass

Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.

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Trial

In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes.

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Trial de novo

In law, the expression trial de novo means a "new trial" by a different tribunal (de novo is a Latin expression meaning "afresh", "anew", "beginning again", hence the literal meaning "new trial").

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Violence

Violence is defined by the World Health Organization as "the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation," although the group acknowledges that the inclusion of "the use of power" in its definition expands on the conventional understanding of the word.

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War crime

A war crime is an act that constitutes a serious violation of the laws of war that gives rise to individual criminal responsibility.

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Warrant (law)

A warrant is generally an order that serves as a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is performed.

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Writ

In common law, a writ (Anglo-Saxon gewrit, Latin breve) is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court.

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Redirects here:

List of basic criminal justice topics, List of criminal justice topics, Outline of criminal justice in the United States, Topic outline of criminal justice, Topical outline of criminal justice.

References

[1] https://en.wikipedia.org/wiki/Outline_of_criminal_justice

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