Criminal Law Chapter 1.docx - CJUS 400 \u2013 Criminal Law Fall 2019 Chapter 1 \u2013 Criminal Law Purposes Scope and Sources Criminal Law Purposes Scope and

Criminal Law Chapter 1.docx - CJUS 400 u2013 Criminal Law...

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CJUS 400 – Criminal LawFall 2019Chapter 1 – Criminal Law: Purposes, Scope, and SourcesCriminal Law: Purposes, Scope, and SourcesCriminal Law in a DemocracyCrime 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 SystemCriminal 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 legislativebranch enacts laws, including criminal lawsThe executivebranch, including law enforcement agencies, enforces the lawsThe judicialbranch determines the guilt or innocence of those charged with violation of the laws The Legislative SystemLaws are enacted by the legislative branchThe chief executive officer participates in the legislative process by signing or vetoing proposed lawsState governors and the U.S. president provide leadership on many proposed laws by either supporting or opposing them and by providing information about proposed lawsThe Executive BranchAgencies within the executive branch of government administer and enforce lawsFor example, law enforcement agencies are found within the executive branch of government and are charged with the enforcement of criminal lawsThe Judicial SystemThe 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 certiorarijurisdictionHabeas Corpus relief may be sought in federal courts, but only after otherappellate avenues have been exhausted
Writ of CertiorariWritten request of a court to hear a caseIf it agrees, court issues order to lower court for its case materialsIf writ is denied, conviction is final unless post-conviction relief can be foundHabeas CorpusForm of Post-conviction reliefExists in both State and Federal CourtsRequest made to a court that confinement authority explain confinement of person making Habeas requestCriminology & Criminalistics Criminology – Study of the sociological and psychological causes of crime and criminal law makingCriminalistics – The use of science and scientific testing in court to bolster evidence presented in criminal casesHistorical Documents Related To American Criminal LawMagna Carta, 1215 Mayflower Compact, 1620

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