CJUS 400 Chapter One Notes.docx - CJUS 400 Chapter One In...

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CJUS 400 Chapter One In the United States each state and the federal government has its own judicial system. Each State has a trier of trial courts, where jury trials take place. o Many have two-tiered appellate court plan: a first tier, generally called the court of appeals, and a top tier, generally called the supreme court. Criminal law in the United States traces its beginnings to the criminal law and its development back to England. o In early England, actions we now define as crimes, such as robbery, murder, or theft, were classified as private matters. (p.5) The well-known Miranda rule requiring police to inform a suspect of his rights at the time of arrest stems from the Fifth Amendment . The requirement that police obtain a search warrant based on probable cause is found in the Fourth Amendment. The rights to have the assistance of counsel and confront witnesses against an accused are contained in the Sixth Amendment. Criminology is a branch of sociology; criminalistics is the application of science to criminal investigation, and encompasses forensic science. Substantive Criminal Law (p.6) o Important branch of public law. o Defines the standards of conduct that the society and the community require for the protection of the community as a whole. o Establishes the standards necessary to preserve public order and to protect property rights. o Seeks to protect the right of individual privacy and the right to move about freely without fear of molestation. o Defines conduct that is unacceptable and punishable. o Not all legal wrongs come under substantive criminal law, some are only civil violations. Civil Wrong: a private wrong, such as a tort or a contract violation, done to a person or property, and involves only the private individuals affected by the wrong. Criminal Wrong: one in which the state and the public have declared an interest. Criminal Law and Moral Law (p.7)
CJUS 400 o Strongest when they reflect the moral and ethical beliefs of the society. o The standards set by moral laws are often higher than those set by criminal laws. Moral law: attempts to perfect personal character Criminal law: in general, is aimed at misbehavior that falls substantially below the norms of the community. Goals and Purposes of Criminal Law (p.8) o The first decades of the twentieth century saw the rapid change of the United States from an agricultural society to an industrial one.

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