Criminal Justice Principles

Statutory Law

• Created by Congress, state legislatures, or local authorities in response to specific needs.

Criminal Law

• Defines behaviors unacceptable to society and includes various levels of offenses.

Ordinances

• Laws specific to municipal or county governments.

Civil Law

• Involves legal actions taken to resolve non-criminal private disputes between individuals.

Case Law

• Established by decisions from the court system, forming the basis of judicial law.

Due Process

• Ensures fair and equal application of laws to all individuals, including the accused.

Substantive Due Process

• Emphasizes the fair enforcement of laws.

Procedural Due Process

• Focuses on the legal procedures protecting individuals’ rights during the criminal justice process.

Offense

• Breach of law that encompasses criminal and non-criminal acts punishable under specific jurisdictions.

Non-criminal Violation

• Does not constitute a crime and is not punishable by jail time.

Misdemeanor

• A criminal offense with a maximum penalty of one year in county jail.

Felony

• A serious crime with penalties including death or imprisonment for over one year.

Enhanced Penalty

• Sentence increase due to prior convictions or the severity of the circumstances of the offense.

Principal in the First Degree

• Individual who directly commits a criminal act, regardless of its classification.

Accessory After the Fact

• Someone who assists the principal in evading law enforcement post-crime.

Criminal Intent

• Deliberate decision to engage in unlawful or negligent behavior.

Probable Cause

• Reasonable grounds to believe someone has committed a crime, based on circumstances.

General Intent

• Relates to most criminal offenses requiring a forbidden act.

Specific Intent

• Intent to commit a crime and permanently deprive someone of property.

Transferred Intent

• When harm intended for one individual inadvertently affects another.

Recklessness

• Implies liability for harm caused without intent.

Negligence

• Fails to exercise reasonable care resulting in harm to another.

Breach of Duty

• Failure to fulfill an obligation resulting in unreasonable behavior.

Proximate Cause

• Legal connection between the breach of duty and resulting damages.

Compensatory Damage

• Aims to reimburse for actual losses or injuries.

Punitive Damages

• Meant to penalize the defendant and deter future misconduct.

Consensual Encounter

• Voluntary contact where individuals are free to leave at any time.

Investigative Stop

• Requires reasonable suspicion that law violations are occurring or imminent.

Reasonable Suspicion

• Justifies a temporary investigative stop.

BOLO (Be On Look Out)

• Descriptive alert for identifying suspects or vehicles.

Plain Touch/Feel Doctrine

• Allows officers to seize contraband based on lawful touch, not limited to weapons.

Contraband

• Items that are illegal to possess, produce, or transport.

Pretext Stops

• Vehicle stops for minor violations aimed at investigating more serious offenses.

Proof Beyond a Reasonable Doubt

• Standard for determining criminal guilt.

Search

• Intrusion into a place where privacy is expected.

Seizure

• Infringement on a person's property rights through physical control.

Search Warrant

• Court order authorizing law enforcement to conduct searches or seizures.

Carroll Doctrine

• Permits Searches of an entire vehicle, including containers where evidence may be found.

Exigent Circumstances

• Emergencies justifying warrantless entries.

Fresh Pursuit

• Continuous pursuit of a suspect avoiding arrest.

Impound

• Towing of vehicles directed by law enforcement.

Forfeiture

• Legal process transferring property ownership from the defendant to law enforcement.

Risk Protection Order

• Temporarily restricts access to firearms for individuals posing danger to themselves or others.

Arrest

• Legal deprivation of a person's liberty.

Arrest Warrant

• Court order mandating law enforcement to apprehend an individual.

Notice To Appear

• Written order requiring a person to appear in court without physical arrest.

Probable Cause Affidavit

• Sworn statement detailing circumstances justifying an arrest.

Deadly Force

• Any force expected to cause death or severe injury.

Criminal Liability

• Result of being found guilty of a crime, leading to penalties.

Civil Liability

• Responsibility for wrongful acts causing injury or property damage, often related to negligence.

Tort

• Civil wrongs violating the rights of individuals.

Omission

• Failure to fulfill legal or duty obligations.

Color Of Law

• Law enforcement actions must adhere to established legal standards.

Direct Liability

• Arises from an officer's intentional or negligent misconduct violating agency policies.

Vicarious Liability

• Responsibility held for actions committed by another.

Sovereign Immunity

• Legal doctrine that protects government officials from lawsuits under certain conditions.

Acting Within the Scope of Employment

• Employee actions that reasonably relate to their official duties.

Qualified Immunity

• Protects officials from civil liability unless they violate clearly established rights.

County Courts

• Handle limited jurisdiction legal issues within their counties.

Florida District Courts of Appeal

• Intermediate appellate courts reviewing lower court decisions in Florida.

Florida Supreme Court

• The highest judicial authority in Florida.

U.S. District Courts

• Federal trial courts overseen by district judges and magistrates.

Courts Of Appeal

• Review district court decisions and appeals from federal agencies.

Supreme Court Of The United States

• The highest court in the country, overseeing judicial matters.

Judge

• Presides over court proceedings and rules on legal matters.

Prosecutor

• Represents the government in criminal cases.

Defense Attorney

• Advocates for the rights of the defendant in legal proceedings.

Clerk Of The Court

• Responsible for court records, files, and maintaining official documents.

Court Administrator

• Manages daily operations of the court system.

Jury

• Group of citizens responsible for determining fact-based questions in trials.

Bailiff

• Court officer ensuring security and order during court sessions.

Court Reporter

• Documents all court proceedings for official records.

Hearsay

• Evidence based on unverified statements rather than direct evidence.

Arraignment

• Hearing to formally present charges to the defendant.

Pretrial Release

• Allows defendants to be free from jail while awaiting trial.

Bond Hearing

• Discussion regarding bail and release conditions at initial court appearance.

Deposition

• Sworn testimony given outside of court by witnesses before trial.

Off The Record

• Information not formally documented in court records.