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Introduction. The Rule of Law. English Roots of American Justice System. Key elements of the medieval tithing system. Definition:. tithing. Grouping together of 10 families. Requirements of Tithing. Obey the law.

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Introduction

The Rule of Law



Key elements of the medieval tithing system


Definition: the medieval tithing system

tithing

Grouping together of 10 families


Requirements of Tithing the medieval tithing system

Obey the law


Requirements of Tithing the medieval tithing system

Keep peace in their area


Requirements of Tithing the medieval tithing system

Bring law violators to justice


Ten tithings formed a Hundred the medieval tithing system


Several hundreds made a Shire the medieval tithing system

(Size of a county)






Authority and jurisdiction are determined or Sheriffat the federal, state & local levels….


Jurisdiction or Sheriff

A politically defined geographic area


Jurisdiction or Sheriff

The right or authority of a justice agency to act in regard to a particular subject matter, territory or persons


Jurisdiction or Sheriff

The right or authority of a justice agency to act in regard to a particular subject matter, territory or persons


Jurisdiction or Sheriff

Metro City

  • Defines laws an agency is permitted to enforce

  • Defines duties it is allowed to perform


Federal Agencies or Sheriff










Top 4 Federal Agencies or Sheriff

IRS

FBI

INS

US

Customs



Substantive Law or Sheriff

Defines criminal offenses and their penalties

JAIL


Substantive Law or Sheriff

Burglary

Defines criminal offenses and their penalties

JAIL


Procedural Law or Sheriff

Explains how substantive laws are to be administered

(due process)







State Court System or Sheriff

State Systems vary by State


State Court System or Sheriff

California

  • Supreme

  • Court of Appeal

  • Superior


United States Supreme Court or Sheriff

The Court of Last Resort


United States Supreme Court or Sheriff

  • Rule of Four

  • Writ of Certiorari

  • Writ of Habeas Corpus


Dual Court System of the United States or Sheriff

U.S Supreme Court

Courts of Last Resort

Intermediate Courts of Appeal

U.S. Courts of Appeal

Trial Courts of General Jurisdiction

Federal Court System

State Court System

U.S. District Courts


Ted Rubin’s 10 Purposes of Courts or Sheriff

1. To “Do Justice”

2. To “ Appear to do Justice”


Ted Rubin’s 10 Purposes of Courts or Sheriff

3. To provide a forum to resolve disputes

4. To censure wrongdoing


Ted Rubin’s 10 Purposes of Courts or Sheriff

5. Incapacitate convicted criminals

6. Punish criminal offenders


Ted Rubin’s 10 Purposes of Courts or Sheriff

7. Rehabilitate criminal offenders

8. General deterrence of public by punishing criminal offenders


Ted Rubin’s 10 Purposes of Courts or Sheriff

9. Determine legal status

10. Protect citizens against arbitrary government action


Key Actors in the Court Process or Sheriff

Defense Attorney

Judge

Prosecutor


Powers of the Prosecutor or Sheriff

  • Conduct final screening of case

  • Decide to charge person with crime


Powers of the Prosecutor or Sheriff

  • Decide whether to prosecute or not

  • if decide to prosecute, they determine what the charge will be


Powers of the Prosecutor or Sheriff

  • No prosecution decision is nolle prosequi, or nol. pros.



Prosecutors Justice process

  • Conduct the final screening of all persons arrested

  • Decide to charge or not


Prosecutors Justice process

  • Decide to prosecute or not

  • Decide what the charges will be


Prosecutors Justice process

  • Decide whether to plea bargain or not

  • Recommend the amount of bail in many jurisdictions




Nolle Prosequi Justice process

  • Offense did not cause sufficient harm

  • Statutory punishment for a crime is too harsh for a particular offender


Nolle Prosequi Justice process

  • Criminal charge made for the wrong reasons

  • Law is regularly violated with impunity


Nolle Prosequi Justice process

  • Victim may refuse to testify

  • Humanitarian considerations for victim or offender


Nolle Prosequi Justice process

Accused person cooperates in the apprehension and/or conviction of other criminals


Nolle Prosequi Justice process

Accused is wanted for prosecution of a more serious crime in another jurisdiction


Nolle Prosequi Justice process

May be more cost effective to simply have the parole revoked and return offender to prison


Defense Attorneys Justice process

Accused has the right to “the assistance of counsel for his defense”



Responsibilities Justice process

  • Determining Probable Cause

  • Signing Warrants


Responsibilities Justice process

  • Informing suspects of their rights


Responsibilities Justice process

  • Setting and revoking bail

  • Arraigning defendants


Responsibilities Justice process

  • Accepting guilty pleas

  • Managing courtroom and staff


Responsibilities Justice process

  • Ensuring a jury has a chance to reach a verdict on evidence presented


Responsibilities Justice process

  • Instructing jury on the law

  • Imposing sentences







th Justice process

Amendment

no unreasonable searches or seizures


Exclusionary Rule Justice process

To deter the police...


Exclusionary Rule Justice process

from violating people’s fourth amendment rights


th Justice process

Amendment

No double jeopardy

No self-incrimination


th Justice process

Amendment

Grand jury indictment in felony cases


th Justice process

Amendment

Speedy and public trial

Right to counsel


th Justice process

Amendment

Impartial jury of state and district where crime occurred


th Justice process

Amendment

Notice of nature and cause of accusation


th Justice process

Amendment

Right to confront witnesses


th Justice process

Amendment

Compulsory process for obtaining favorable witnesses


th Justice process

Amendment

No excessive bail and fines

No cruel and unusual punishment

inter


Standards of Proof Justice process

Mere suspicion


Standards of Proof Justice process

Reasonablesuspicion


Standards of Proof Justice process

Probable cause


Standards of Proof Justice process

Preponderance of evidence


Standards of Proof Justice process

Clear and convincing evidence


Standards of Proof Justice process

Proof beyond a reasonable doubt


Standards of Proof Justice process

Absolute certainty


Probable Cause Justice process

For an arrest to occur need……


Probable Cause Justice process

  • Tangible evidence that a crime has been committed


Probable Cause Justice process

  • Belief that the person arrested committed the crime….


Probable Cause Justice process

  • based on what a reasonable person would believe



….fourth amendment seizure Justice process

(arrest)


“ A person has been seized within the meaning of the fourth amendment only if, in view of all the circumstances…..


…surrounding the incident, a reasonable person would have believed that he was not free to leave.”

U.S. v. Mendenhall, 1980


Under Mendenhall have believed that he was not free to leave.”

Situations that might be construed as seizures:


Under Mendenhall have believed that he was not free to leave.”

Threatening

presence

of several

officers


Under Mendenhall have believed that he was not free to leave.”

Display of a weapon by an officer


Under Mendenhall have believed that he was not free to leave.”

Some physical touching


Under Mendenhall have believed that he was not free to leave.”

Use of language that indicates that...


Under Mendenhall have believed that he was not free to leave.”

compliance with the officer’s requests is necessary


Probable cause for a legal search have believed that he was not free to leave.”

Specific objects are connected with criminal activity


Probable cause for a have believed that he was not free to leave.”

Objects will be found in the place searched


Probable cause for a have believed that he was not free to leave.”

Objects will be found in the place searched


Probable cause for a have believed that he was not free to leave.”

Based on what a reasonable person would believe


Fifth Amendment have believed that he was not free to leave.”

  • Protection against self-incrimination


Fifth Amendment have believed that he was not free to leave.”

  • Protection against self-incrimination


Fifth Amendment have believed that he was not free to leave.”

  • Right to a grand jury indictment in felony cases


Fifth Amendment have believed that he was not free to leave.”

Protection against double jeopardy


Miranda Warnings have believed that he was not free to leave.”

Required before questioning


Miranda Warnings have believed that he was not free to leave.”

  • Right to remain silent


Miranda Warnings have believed that he was not free to leave.”

  • Anything said can be used against the suspect in court


Miranda Warnings have believed that he was not free to leave.”

  • Right to the presence of an attorney


Miranda Warnings have believed that he was not free to leave.”

  • If suspect cannot afford an attorney, one will be provided


Sixth Amendment have believed that he was not free to leave.”

Right to a speedy and public trial


Sixth Amendment have believed that he was not free to leave.”

  • Right to an impartial jury

  • Right to be informed about the accusation


Sixth Amendment have believed that he was not free to leave.”

  • Right to confront witnesses


Sixth Amendment have believed that he was not free to leave.”

Right to compulsory process for obtaining favorable witnesses


Sixth Amendment have believed that he was not free to leave.”

Right to legal counsel



“Critical Stages” stages”

  • Arraignment

  • Plea-bargaining process

  • Initial appearances

  • First appeal when applicable


“Critical Stages” stages”

  • Proceedings after Grand Jury indictment

  • Post-indictment police lineups

  • Sentencing


“Critical Stages” stages”

  • Juvenile court proceedings when institutional confinement is a possibility

  • Preliminary hearings


“Critical Stages” stages”

  • Misdemeanor when jail may be a sentence

  • Psychiatric examination showing dangerousness in a death penalty case


Eighth Amendment stages”

Protection against excessive bails


Eighth Amendment stages”

Protection against cruel and unusual punishment


Wrongful Convictions stages”

  • Eyewitness misidentification

  • Police errors


Wrongful Convictions stages”

  • Prosecutor errors

  • Guilty pleas by innocent defendants


Wrongful Convictions stages”

  • Community pressures

  • False accusations


Wrongful Convictions stages”

  • Judicial errors, bias or neglect of duty

  • Errors by medical examiners or forensic experts


Wrongful Convictions stages”

Errors in record keeping of criminals


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