IMPORTANT MAXIM, GREEK AND LATIN WORDS ETC. IN THE STUDY OF CRIMINOLOGY Police Organization ORIGIN WORD Politeia GREEK ROMAN FRENCH Politia Politia SPANISH Cuerpo de Carabineros de Seguridad Publica ENGLISH TRANSLATION Government, citizenship, or the entire activity of a polis – a city Condition of a state, government and administration 1. Exercise of the constitutional power of the government.(Very broad) 2. Concerns with the maintenance of tranquility, public order (Less broad) 3. Body of armed men (Restricted) Corps of Carabines for Public Safety Intelligence ORIGIN WORD RUSSIAN Komitet Gozudarzvennoy Besopasnosti FRENCH Sabot Forensic Medicine ORIGIN WORD Forum LATIN Forum GREEK Photography ORIGIN ENGLISH TRANSLATION Committee for State Security Sabotage ENGLISH TRANSLATION Public place, wherein people gathered for discussion of a subject in issue Means debatable, argumentation in relation to the court of justice WORD Camera Obscura Phos Graphe LATIN GREEK ENGLISH TRANSLATION Dark Room Light Drawing Ballistics ORIGIN GREEK LATIN FRENCH WORD Ballo or Ballein Charta (Latin on Cartridge) Cartouche ENGLISH TRANSLATION to threw Paper Roll of paper FCI ORIGIN WORD LATIN Modus Operandi GREEK Corpus Delicti ENGLISH TRANSLATION Mode or Method of Operation Body of the Crime OCI Page 1 ORIGIN ITALIAN WORD La Cosa Nostra also called mob or mafia Intro to Crim ORIGIN FRENCH ITALIAN GREEK (FRENCH) WORD Criminologie Criminologia Dei Deliti e dele pene Luomo Delinquente Anomie ENGLISH TRANSLATION this thing of ours ENGLISH TRANSLATION Criminology Criminology Essay on Crimes and Punishment The Criminal Man State of Lawlessness CJS ORIGIN WORD ENGLISH TRANSLATION Nolle Prosequi literally means “Do the prosecution now” GREEK Human Behavior and Crisis Management ORIGIN WORD ENGLISH TRANSLATION Terrere Terror (Frighten) LATIN CA (INSTITUTIONAL) ORIGIN Greco-Roman WORD PRESIDIO (PRE means BEFORE and SIDIO means INSIDE) CA (NITP) ORIGIN LATIN WORD Probatio ENGLISH TRANSLATION Prison ENGLISH TRANSLATION testing period OTHER LATIN OR MAXIM AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AA Aberratio ictus or mistake in the blow, a person directed the blow at an intended victim, but because of poor aim, that blow landed on somebody else. The intended victim as well as the actual victim are both at the scene of the crime. Ab initio from the beginning Actus reus refers to the act or omission that comprise the physical elements of a crime as required by statute Ad hoc when necessary or needed. Ad testificandum means to appear to testify. It is a term used to refer to an order issued by a court to appear to give testimony and may be directed to a prisoner through a writ of habeus corpus ad testificandum or to a civilian through a subpoena ad testificandum Alevosia an act of deliberate betrayal / treachery Alias Writ is an additional writ or second writ that is issued after an earlier writ of that kind has been issued but has not been effective. The name is derived from a Latin phrase that Page 2 formerly appeared in alias writs: sicut alias praecipimus, meaning “as we at another time commanded.” Alien is any person (including an organization) who is not a citizen or a national of a specific country Alimony refers to the financial assistance and monetary support provided by one spouse to another after a marriage ends in divorce. Oftentimes, the receiving spouse must be unable to support themselves without the help of their ex-spouse. Amicus curie ( lit. 'friend of the court'; pl. amici curiae) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. Animo lucrandi With intent to profit Animo furandi the intent to steal Ante Mortem just before one's death Arresto Mayor The duration of the penalty of arresto mayor shall be from one month and one day to six months Arresto Menor The duration of the penalty of arresto menor shall be from one day to thirty days. Astucia (Craft) involved the use of intellectual trickery or cunning on the part of the accused. A chicanery resorted to by the accused to aid in the execution of his criminal design. It is employed as a scheme in the execution of the crime. CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC CC Cadena Perpetua Cadena temporal and cadena perpetua were legal punishments. Cadena temporal included imprisonment for at least 12 years and one day, in chains, at hard and painful labor; the loss of many basic civil rights; and subjection to lifetime surveillance. Cadena perpetua is identical except that it is a sentence of life as opposed to a temporary status. temporal included imprisonment for at least 12 years and one day, in chains, at hard and painful labor; the loss of many basic civil rights; and subjection to lifetime surveillance. Cadena perpetua is identical except that it is a sentence of life as opposed to a temporary status. Compari delicto Latin for "in equal fault," which means that two (or more) people are all at fault or are all guilty of a crime. Condition sine quanon is Latin for “without which not.” When something is described as sine qua non, it is a necessary or indispensable requirement. The phrase represents an essential element, component, or condition of something else. Contra Bones Mores against good morals : harmful to the moral welfare of society an act contra bonos mores. Counsel de officio is the counsel appointed by the court to represent and defend the accused in case he cannot afford to employ one himself. Counsel de parte a private counsel, secured by him, without intervention of the government (at his own will and choice). Custogia Legis In custodia legis is a Latin phrase which means “in the custody of the law”. This phrase is used in reference to property taken into the court’s custody during the pendency of litigation over it. Page 3 DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD DD Damnum Absqua Injuria (uncountable) (law) Loss without injury: the situation, in tort law, when one person causes damage or loss to another for which the latter has no remedy. (For example, opening a burger stand near someone else's may cause them to lose customers, but they will have no legal recourse.) Deceit or Dolo Dolo is a Spanish term which means deceit. There is deceit when an act is performed with deliberate intent. [2] Culpa is also a Spanish term which means fault. There is fault when a wrongful act results from negligence, imprudence, lack of skill or foresight. Here lies the confusion De Facto is a phrase from the Latin language that means "in fact" or "in practice". De Jure It is often used in contrast to de jure (which means "by law") when talking about law, governance, or technique. Delito complejo Complex crime proper (delito complejo) – when an offense is a necessary means for committing the other Delito compuesto Compound crime (delito compuesto) – when a single act constitutes two or more grave or less grave felony; Demeanor Your demeanor is your outward behavior. It includes the way you stand, the way you talk, your facial expressions, and more. Someone with a friendly demeanor might smile a lot and look you in the eye while talking to you. Demurrer to evidence A stop or pause by a party to an action in order to ask the court to determine the question of whether the evidence as it stands ought to be admitted, based on the law of admissibility of evidence. Denuncia is a private criminal allegation against an individual, company or other legal body. A denuncia can also be made and served on a person by the police, guardia civil or state authority. Destierro Destierro means banishment or only a prohibition from residing within the radius of 25 kilometers from the actual residence of the accused for a specified length of time. While it is technically not imprisonment, it still is a penalty imposed under the Revised Penal Code of the Philippines. Disfraz Disfraz (Disguise) – resorting to any device to conceal identity. Duces tecum Subpoena Duces Tecum, a type of legal writ requiring one who has been summoned to appear in court to bring some s pecified item with him or her for use or examination by the court. A person served with a subpoena duces tecum might be required to present documents, such as busi ness records or other pieces of physical evidence, for the inspection of the court. Dura Lex Ced Lex The law is harsh but it is the law. EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE En el es causa del causa dela causa del mal cuasado The one who causes the cause is the cause of the evil caused.” Error in personae or mistake in identity is injuring one person who is mistaken for another. The intended victim is not at the scene of the crime. It is the actual victim upon whom the blow was directed, but he is not really the intended victim Estop to impede or bar by estoppel. Estoppel the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination. "the case had been one of estoppel" Page 4 Evidence allunde a rule of evidence that a verdict may not be challenged by a juror's testimony without evidence from another source —used primarily in Ohio Ex post facto law Ex post facto is most typically used to refer to a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed. FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF FF Fault or Culpa is a Latin, Spanish, and Portuguese word meaning guilt or fault. It may also be referring to: Criminal negligence, called culpa in several legal systems. Mea culpa, the Latin phrase for "it is my fault" Falsus in uno falsus in omnibus a Latin maxim meaning "false in one thing, false in everything." At common law, it is the legal principle that a witness who testifies falsely about one matter is not credible to testify about any matter. Factum probandum refers to the ultimate fact to be proven, or the proposition to be established. It is the ultimate fact or proposition sought to be established. It is that which a party wants to prove to the court. Factum probans A fact or statement of facts. For example, a factum probans (pl. facta probantia) is a fact offered in evidence as proof of another fact, Force Majure is a provision in a contract that frees both parties from obligation if an extraordinary event directly prevents one or both parties from performing. Fortuitous happening by accident or chance rather than design. Fraude lie or untruth; an instance or example of fraudulence or deception. A motivation or purpose that one is being deceptive or misleading about. GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG GG Gratis et amore v giving Thanks by Giving Back” Guardian Ad Litem is a guardian that a court appoints to watch after someone during a case. HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH HH Habeas Corpus A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody. Hurto Most people associate both terms, robbery and buglary, with theft, but as it turns out, there is a legal difference. Both “Robo” (robbery) and “Hurto” (burglary) imply the fact of seizing someone else's property. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII Ignorancia facti excusat means ignorance of a fact or a mistake of a fact is an excuse. Ignorancia legis non excusat The legal principle of ignorantia juris non excusat (ignorance of the law excuses not) or ignorantia legis neminem excusat (ignorance of law excuses no one) is derived from Roman law. Essentially, it means that if someone breaks the law, he or she is still liable even if they had no knowledge of the law being broken. Inflagrante delicto in the very act of committing a misdeed In vino veritas under the influence of alcohol, a person tells the truth. Ipso facto by that very fact or act. Page 5 JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJ Juris et jure refers to conclusive presumptions of law which cannot be rebutted by evidence. Juris tantum Under the 1917 Code of Canon Law, legal presumption was divided into two kinds: juris tantum "which is relative and vincible by both direct and indirect proof to the contrary", and juris et de jure or absolute presumption which can only be refuted by indirect proof (undermining the fact(s) Jus Cogen the principles which form the norms of international law that cannot be set aside. LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LL Lex loci celebretionis the law of the place where a contract especially of marriage is made. Lex silica The Salic Law is primarily a penal and procedural code, containing a long list of fines (compositio) for various offenses and crimes. It also includes, however, some civillaw enactments, among these a chapter that declares that daughters cannot inherit land. Lex taliones law of retribution in kind : an eye for an eye. is the principle of retributive justice expressed in the phrase "an eye for an eye Loco Parentis A Latin term meaning "in [the] place of a parent" or "instead of a parent." Refers to the legal responsibility of some person or organization to perform some of the functions or responsibilities of a parent. Locus The place where something occurs or is located. Locus Delicti or Locus Criminis “Place of the crime.” Locus Rei Sitae the law where the property is situated”. Locus standi a right to appear in a court MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM Mala in se (“evil in itself”) – A crime or an act that is inherently immoral, such as murder, arson or rape. Mala mens Bad mind: fraudulent or criminal intention Mala per se Mala prohibita an offense prohibited by statute but not inherently evil or wrong is malum prohibitum and, therefore, does not demand mens rea Malefaction an evil deed : crime. Malafactor a person who commits a crime or some other wrong. Mala fides bad faith; intent to deceive Malendrinus Mandamus a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty. Mens mind Mens Rea mens rea (/ˈmɛnz ˈreɪə/; 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. It is considered a necessary element of many crimes. Mortis Causa Causa mortis is a Latin term referring to the awareness that death is approaching. In property law, when a party, acting with awareness that their death is approaching, gives something to another party, the resulting gift is known as a gift causa mortis. Moto Proprio a rescript initiated and issued by the pope of his own accord and apart from the advice of others. Page 6 NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN Nocturnity Nocturnity is aggravating when, as in the case at bar, it was purposely and deliberately sought by the accused to facilitate the commission of the crime or to prevent their being recognized or to insure unmolested escape. Nole Prosequi which directly translates to “not to wish to prosecute.” Nolle prosequi is a legal notice or entry of record that the prosecutor or plaintiff has decided to abandon the prosecution or lawsuit. Null meaning "not," and ullus, meaning "any." Nullum crimen, nulla poena sine lege is sometimes called the legality principle. It is also interchangable with "nullum poena sine lege," which translates to "no punishment without law". OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO OO Onus probandi the obligation to prove an assertion or allegation that one makes; the burden of proof. PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP PP Parens Patriae the government, or any other authority, regarded as the legal protector of citizens unable to protect themselves. Patria Protestas This concept, meaning literally “the power of the father” was a fundamental foundation of Roman society and influenced the law of the time and – by extension – our laws today. A father's power over his children was recognised as supreme, with the children unable to go against their father's wishes. Penitentia "repentance." A penitentiary is a place you are sent to make repentance for a crime committed. Persona Non Grata an unacceptable or unwelcome person. Post Litem Motam Exemplar "Post litem motam" is Latin for "after a law suit is started." A litigant or witness may not create evidence to prove one's case or testimony, as in voluntarily writing an exemplar to prove one did not write a disputed handwriting. Post Mortem an examination of a dead body to determine the cause of death. Praeter intentionem is defined as having an injurious result that is greater than that intended. The Revised Penal Code describes it as no intention to commit so grave a wrong. Prision Correctional six months and one day to six years Prision Mayor The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty. Pro Bono (especially with reference to legal work for a client with a low income) without charge. Pro rata proportional. Page 7 Pro Reo The principle of in dubio pro reo (Latin for "[when] in doubt, rule for the accused") means that a defendant may not be convicted by the court when doubts about their guilt remain. Protestas Delegada non Delagari Protest Delegata potestas non potest delegari can be defined as a principle in administrative law and administrative law that means no delegated powers can be further delegated in Latin. It can also be alternatively stated as 'one to whom power is delegated cannot himself further delegate that power'. QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ QQ Quantum Meruit a reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated in a legally enforceable contract. Quantum of evidence The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. Quo Warranto a writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised. RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RR Reclusion Perpetua Reclusion perpetua. — Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon. Reclusion temporal. Reclusion Temporal Reclusion temporal. — The penalty of reclusion temporal shall be from twelve years and one day to twenty years. Prision mayor and temporary disqualification. Replevin a procedure whereby seized goods may be provisionally restored to their owner pending the outcome of an action to determine the rights of the parties concerned. Res a thing (as a property, interest, or status) as opposed to a person that is the object of rights and especially that is the subject matter of litigation a court with jurisdiction over the res of the suit — compare in personam, in rem, quasi in rem. Res adjudicata res adjudicata. n. a thing (legal matter) already determined by a court, from Latin for "the thing has been judged." More properly res judicata. Res Communes things owned by no one and subject to use by all : things (as light, air, the sea, running water) incapable of entire exclusive appropriation. Res gastae the events, circumstances, remarks, etc. which relate to a particular case, especially as constituting admissible evidence in a court of law. Res inter alios acta nocere non debit Things done between strangers ought not to affect a third person, who is a stranger to the transaction. Res Nullus a thing belonging to no one whether because never appropriated (as a wild animal) or because abandoned by its owner but acquirable by appropriation. Res ipsa luquitor the thing speaks for itself Res perit domino the thing is lost to the owner'. This phrase is used to express that when a thing is lost or destroyed it is lost to the person who was the owner of it at the time. Page 8 Robo (robbery) SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SSSSSSSSS Salus populi es suprema lex the health of the people is the supreme law. Situs the place to which, for purposes of legal jurisdiction or taxation, a property belongs. Status Quo the existing state of affairs, especially regarding social or political issues. Support pendete lite It is a provisional remedy which grants a person entitled to support an amount enough for his “sustenance, dwelling, clothing, medical attendance, education and transportation” (Art. 194, Family Code) while the action is pending in court. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Trial de novo a trial in a higher court in which all the issues of fact or law tried in a lower court or tribunal are reconsidered as if no previous trial had taken place VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV Void ab initio Ab initio is a Latin term that means "from the beginning” or “from inception.” Ab initio is used to indicate that some fact existed from the start of a relevant time period. It is often used as part of the phrase “void ab initio,” meaning something - such as a marriage was void from the beginning. Page 9