Fall2019PostCrim Law-ChapOne (1).pptx - CJUS 400 \u2013 Criminal Law Fall 2019 Chapter 1 \u2013 Criminal Law Purposes Scope and Sources Dr Stephen Parke

Fall2019PostCrim Law-ChapOne (1).pptx - CJUS 400 u2013...

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CJUS 400 – Criminal Law Fall 2019 Chapter 1 – Criminal Law: Purposes, Scope, and Sources Dr. Stephen Parke
Criminal Law: Purposes, Scope, and Sources Criminal Law in a Democracy Crime has been part of the human condition since people began to live in groups. Criminal laws regulate human conduct and tell people what they cannot do and, in some instances, what they must do under certain circumstances.
Criminal Laws and the American System Criminal laws and the criminal justice system are essential parts of the democratic system in America, serving to strike a balance between maintaining public order and preserving basic freedoms. The legislative, executive, and judicial branches of government serve important roles: The legislative branch enacts laws, including criminal laws The executive branch, including law enforcement agencies, enforces the laws The judicial branch determines the guilt or innocence of those charged with violation of the laws
The Legislative System Laws are enacted by the legislative branch The chief executive officer participates in the legislative process by signing or vetoing proposed laws State governors and the U.S. president provide leadership on many proposed laws by either supporting or opposing them and by providing information about proposed laws
The Executive Branch Agencies within the executive branch of government administer and enforce laws For example, law enforcement agencies are found within the executive branch of government and are charged with the enforcement of criminal laws
The Judicial System The judicial system balances police authority with public protection of rights. State and federal trial courts hold jury trials, unless the defendant has waived a jury, in which case the judge is fact-finder. State appellate courts decide appeals for state prosecutions, and Federal Circuit Courts of Appeal for decide appeals for federal prosecutions. There is extremely limited review of state or federal convictions by the U.S. Supreme Court under certiorari jurisdiction Habeas Corpus relief may be sought in federal courts, but only after other appellate avenues have been exhausted
Writ of Certiorari Written request of a court to hear a case If it agrees, court issues order to lower court for its case materials If writ is denied, conviction is final unless post-conviction relief can be found
Habeas Corpus Form of Post-conviction relief Exists in both State and Federal Courts Request made to a court that confinement authority explain confinement of person making Habeas request
Criminology & Criminalistics Criminology – Study of the sociological and psychological causes of crime and criminal law making Criminalistics – The use of science and scientific testing in court to bolster evidence presented in criminal cases
Historical Documents Related To American Criminal Law Magna Carta, 1215 Mayflower Compact, 1620 English Bill of Rights, 1689 Declaration of Independence, 1776 U.S. Constitution, ratified 1788 The Bill of Rights, 1791

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