Chapter 4 Lecture Notes

Chapter 4 Lecture Notes - Chapter 4 Lecture Notes There are...

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Chapter 4 Lecture Notes There are many different kinds of law in our justice system. The first of these is criminal law, a form of social control in which established rules are interpreted and enforced by the courts. Everyone is expected to follow these rules, and it is when they are broken (a crime occurs) that the police, judicial and correctional roles must be fulfilled. Within criminal law, there are two subcategories: substantive law and procedural law. Civil law, on the other hand, aims to resolve conflicts between individual citizens. Violations of civil law are called torts. Substantive law defines criminal offenses and their penalties, and procedural law defines how substantive law is administered and the due process of law, as per the Constitution. We will discuss the rights protected in the 4th, 5th, 6th and 8th amendments with regard to due process. Not abiding by substantive law is considered an offense against the state, whereas committing a tort is an offense against a fellow citizen. We will discuss other differences between civil and criminal law, such as the court procedures for each. The purpose of the Bill of Rights and the subsequent amendments is to define those laws from which citizens are protected. Laws that violate a citizen's rights are deemed unconstitutional. We will discuss the boundaries of what is and is not allowable under the Constitution. Important Points to Remember: There are two general types of law practiced in the United States—criminal and civil. 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. The violation of a criminal law is a crime and is considered an offense against the state. Civil law is a means of resolving
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This note was uploaded on 06/04/2010 for the course CCJ 1020 taught by Professor Ardis,m during the Spring '10 term at Pensacola Junior College.

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Chapter 4 Lecture Notes - Chapter 4 Lecture Notes There are...

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