Chapter4 - Introduction to Introduction Criminal Justice...

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Unformatted text preview: Introduction to Introduction Criminal Justice Criminal The Rule of Law Chapter Four Bohm and Haley Questions What is the highest legal authority in the United States? What is a major purpose of the Supreme Court in the United States? Criminal Law The purpose of criminal justice is to enforce the criminal law. “The criminal law is a formal means of social control [that] involves the use of rules that are interpreted, and are enforceable, by the courts of a political community” Sigler (1981) Criminal and Civil Law Substantive Law: Law that deals with the content or substance of the law – legal obligations. Civil law examples include: tort law, contract law, and domestic relations, i.e., legal grounds for a divorce. Procedural Law: Law that outlines the legal processes to be followed in starting, conducting, and finishing a lawsuit or arrest, search and seizures, interrogations, trials, and punishment. Criminal law defines criminal Examples include the trial process including the offenses and their penalties. interaction of the courtroom For example, murder, workgroup. robbery, and burglary. Key Words: Due Process Origin of Anglo-American Law: Three Basic Characteristics: 1) Judge­made. Based On Precedent (Stare Decisis) – promotes fairness and consistency. Multiple Sources: Constitutions (Fundamental basis of federal and state laws); Statutes (Legislative); Administrative Regulations (Legislative); and, Judicial Decisions, i.e., appellate decisions (Judicial). COMMON LAW or (Case Law) 1) 1) Characteristics of Criminal Law Politicality + Penal Sanction + Specificty + Uniformity + Regularity + Civil Law Civil suits are brought by private parties, i.e., individuals, groups, businesses, and the government. Types of civil law include: tort, contracts, property, and domestic relations. The court renders remedy’s between the plaintiff and the defendant, i.e., declaratory, monetary, and injunctions. Victims of crime can seek civil litigation such as compensation, restitution, eviction, asset forfeiture, and premises liability. Criminal justice officials can face civil lawsuits concerning prison conditions, excessive force, inactions, discrimination, etc. Standards of Proof Beyond a Reasonable Doubt Clear and Convincing Evidence Preponderance of Evidence Probable Cause Reasonable Suspicion Criminal Law versus Civil Law versus Civil Criminal Law Civil Law Public Wrongs. Prosecuted by the State. Proof beyond a reasonable doubt. Right to counsel. Defendant has right to silence. Penalties or sanctions are based on seriousness of the offense, i.e., misdemeanors and felonies. Private Matters. Private parties file suit. Preponderance of the evidence. Must hire own attorney. Defendant may be forced to testify. Penalties based on compensation or remedies. The Rights of the Accused The Rights Accused Prevention and crime control versus protecting the individual liberties of the innocent. Due process clauses of the Constitution limit arbitrariness of legislative and judicial authority (5 and 14 amendment). th th The Bill of Rights include individual protections within the context of criminal procedures. The Supreme Court is the final voice on the The Bill of Rights and The Criminal Procedure Criminal “Incorporation:” A legal doctrine in which the Supreme Court made provisions for all major protections to be extended to the states as well as the federal government (14 amendment). th Major Protections Affecting Criminal Procedure Include: 4 Amendment: Unreasonable searches and seizures and the exclusionary rule. 5 Amendment: Self­incrimination and double jeopardy. th Questions What is the importance of the Patriot Act? In your opinion, is the Patriot Act fair? Court Cases to Know Mapp v. Ohio (1961) Gideon v. Wainwright (1963) Miranda v. Arizona (1966) Terry v. Ohio (1968) Questions What are some examples of “miscarriages of justice?” What proportion of all convicted offenders do you think are “wrongfully” convicted? ...
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