POSC 432 notes

POSC 432 notes - Criminal Justice 22/01/2008 20:28:00...

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Unformatted text preview: Criminal Justice 22/01/2008 20:28:00 ````Lecture two The crominal Jstice System: Criminal Law and Constitutional Law Jeffery article Summary of lecture: Basic overview of the cromonal process, crominal law, including contrasts with civil law Theoretical underpinnings of each system Survey of crominal justice system, from crime to investigation Basic constitutional principles Civil Law The stat is typically noa party Involved private disputes between indiivuals or organizations/businesses/partnerships Burden o fproof different propeonderace of evidence- a party mus persuade you that he or she is more likely to be true than not true CACI 200 Results; money or injunctions Origin of Law: Jeffrey article Tribal: what are the primitive societal influences? Customs, norms and practices What laws are: start with social norms La wis enforced by corercion and force State law evolved as societies became more complex, the King and the Kings court in England- sherrif;s and judges who were there to ensure law when he was not there First type of state law was Common law Later law made by egistaltive bodies Judicial law the courts Judges decide cases before them based on a metter in controversy Judges decusion based on principle that a decision should appplhy more generally and based on past decisions or precedent aka stare decisis o Questions that go along with precedent o Should judges make a decision that affect the whole Eg the water rights of the poepel Discussion about activisit judges Statutory Law: the Legislatures The source of positive law- it is knowable? Public put on notice If not prohibited, is the conduct permitted? Do societal constraints still exist, ecpecialyl in LA Political correctness- a new societal norm Thousands of laws every year Mo one is safe when Congress is in session Constitional Law Purpose: Framework for govt Succinct document (27 pages including bill Sets out powers for each branch Preamble Tow different views on consitutional interpretation o Strict constructionist- what is the intent of framers (scalia) o Liberal/activist interpretation: living breathing (Stephens) o Why is it so difficuly to pass constitutional amendments? (Article V) Know struture of the constitution- Articles I, II, IIIbranches of government How much of each house is needed to amend the constituion Bill of Rights- anti government???...
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POSC 432 notes - Criminal Justice 22/01/2008 20:28:00...

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