Roberson Ch 1 Outline

Roberson Ch 1 Outline - David Andries CJ 310 January 29,...

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David Andries CJ 310 January 29, 2011 Roberson, Chapter 1 Outline I. Introduction A. Comparative Study of Criminal Justice 1. Is the academic study of the criminal justice arrangements of various nations 2. “Comparative sociology is not a particular branch of sociology; it is sociology itself” 3. There are theoretical and practical incentives for studying the criminal justice systems of various nations, which are academic curiosity and the opportunity to learn from experience. 4. The increase in transnational crime is a sufficient reason to study comparative systems. 5. Scholars believe many people in the United States do not have the same respect for law as people in other major countries do. 6. The five major legal models of include: common law, civil or continental law, socialist or Marxist, Islamic models, and mixed models II. Words of Art A. Legal Models 1. Refers to the different foundations of law used in various nations 2. “Model” refers to similar patterns and is broader than “system”. 3. The most important and influential aspect of any system of justice is its legal model and that its legal model molds or shapes the nations criminal justice system. 4. Legal system is an operating set of legal institutions, procedures, and rules. B. Jurisprudence 1. Concerns the philosophy of law and is the name of a science. 2. Jurisprudence is the science of law. C. Natural Law
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David Andries CJ 310 January 29, 2011 1. Originated with the philosophical jurist of Rome, and has been sense extended to all legal systems. 2. A rule of law or principle that is observed by all systems is part of the natural law, or jus natural. 3. Natural law is eternal and immutable and the source of all laws, is eternal. 4. Calvi and Coleman point out that law can have an impact on morality. D. Positive Law Approach 1. Law that has been enacted by a legislative authority and law should reflect the will of the majority. 2. Morality is removed from law and results in “might makes right.” 3. Citizens’ who feel that a certain law is immoral may justify their steps to prevent the legalized conduct from being accomplished. E.
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Roberson Ch 1 Outline - David Andries CJ 310 January 29,...

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