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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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Presentation Transcript
slide1

Introduction

The Rule of Law

slide3

Key elements of the medieval tithing system

slide4

Definition:

tithing

Grouping together of 10 families

slide6

Requirements of Tithing

Keep peace in their area

slide7

Requirements of Tithing

Bring law violators to justice

slide14

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

slide15

Jurisdiction

A politically defined geographic area

slide16

Jurisdiction

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

slide17

Jurisdiction

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

slide18

Jurisdiction

Metro City

  • Defines laws an agency is permitted to enforce
  • Defines duties it is allowed to perform
slide28

Top 4 Federal Agencies

IRS

FBI

INS

US

Customs

slide31

Substantive Law

Defines criminal offenses and their penalties

JAIL

slide32

Substantive Law

Burglary

Defines criminal offenses and their penalties

JAIL

slide33

Procedural Law

Explains how substantive laws are to be administered

(due process)

slide36

United States Supreme Court

  • Circuit Courts of Appeals
  • District Courts
slide39

State Court System

State Systems vary by State

slide40

State Court System

California

  • Supreme
  • Court of Appeal
  • Superior
slide41

United States Supreme Court

The Court of Last Resort

slide42

United States Supreme Court

  • Rule of Four
  • Writ of Certiorari
  • Writ of Habeas Corpus
slide43

Dual Court System of the United States

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

slide44

Ted Rubin’s 10 Purposes of Courts

1. To “Do Justice”

2. To “ Appear to do Justice”

slide45

Ted Rubin’s 10 Purposes of Courts

3. To provide a forum to resolve disputes

4. To censure wrongdoing

slide46

Ted Rubin’s 10 Purposes of Courts

5. Incapacitate convicted criminals

6. Punish criminal offenders

slide47

Ted Rubin’s 10 Purposes of Courts

7. Rehabilitate criminal offenders

8. General deterrence of public by punishing criminal offenders

slide48

Ted Rubin’s 10 Purposes of Courts

9. Determine legal status

10. Protect citizens against arbitrary government action

slide49

Key Actors in the Court Process

Defense Attorney

Judge

Prosecutor

slide50

Powers of the Prosecutor

  • Conduct final screening of case
  • Decide to charge person with crime
slide51

Powers of the Prosecutor

  • Decide whether to prosecute or not
  • if decide to prosecute, they determine what the charge will be
slide52

Powers of the Prosecutor

  • No prosecution decision is nolle prosequi, or nol. pros.
slide54

Prosecutors

  • Conduct the final screening of all persons arrested
  • Decide to charge or not
slide55

Prosecutors

  • Decide to prosecute or not
  • Decide what the charges will be
slide56

Prosecutors

  • Decide whether to plea bargain or not
  • Recommend the amount of bail in many jurisdictions
slide59

Nolle Prosequi

  • Offense did not cause sufficient harm
  • Statutory punishment for a crime is too harsh for a particular offender
slide60

Nolle Prosequi

  • Criminal charge made for the wrong reasons
  • Law is regularly violated with impunity
slide61

Nolle Prosequi

  • Victim may refuse to testify
  • Humanitarian considerations for victim or offender
slide62

Nolle Prosequi

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

slide63

Nolle Prosequi

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

slide64

Nolle Prosequi

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

slide65

Defense Attorneys

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

slide67

Responsibilities

  • Determining Probable Cause
  • Signing Warrants
slide68

Responsibilities

  • Informing suspects of their rights
slide69

Responsibilities

  • Setting and revoking bail
  • Arraigning defendants
slide70

Responsibilities

  • Accepting guilty pleas
  • Managing courtroom and staff
slide71

Responsibilities

  • Ensuring a jury has a chance to reach a verdict on evidence presented
slide72

Responsibilities

  • Instructing jury on the law
  • Imposing sentences
slide75

Inability to establish an alibi

  • Being identified by witness (wrongly)
  • Inadequate representation
slide76

Inability to establish an alibi

  • Being identified by witness (wrongly)
  • Inadequate representation
slide78

th

Amendment

no unreasonable searches or seizures

slide79

Exclusionary Rule

To deter the police...

slide80

Exclusionary Rule

from violating people’s fourth amendment rights

slide81

th

Amendment

No double jeopardy

No self-incrimination

slide82

th

Amendment

Grand jury indictment in felony cases

slide83

th

Amendment

Speedy and public trial

Right to counsel

slide84

th

Amendment

Impartial jury of state and district where crime occurred

slide85

th

Amendment

Notice of nature and cause of accusation

slide86

th

Amendment

Right to confront witnesses

slide87

th

Amendment

Compulsory process for obtaining favorable witnesses

slide88

th

Amendment

No excessive bail and fines

No cruel and unusual punishment

inter

slide89

Standards of Proof

Mere suspicion

slide90

Standards of Proof

Reasonablesuspicion

slide91

Standards of Proof

Probable cause

slide92

Standards of Proof

Preponderance of evidence

slide93

Standards of Proof

Clear and convincing evidence

slide94

Standards of Proof

Proof beyond a reasonable doubt

slide95

Standards of Proof

Absolute certainty

slide96

Probable Cause

For an arrest to occur need……

slide97

Probable Cause

  • Tangible evidence that a crime has been committed
slide98

Probable Cause

  • Belief that the person arrested committed the crime….
slide99

Probable Cause

  • based on what a reasonable person would believe
slide102

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

slide103

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

U.S. v. Mendenhall, 1980

slide104

Under Mendenhall

Situations that might be construed as seizures:

slide105

Under Mendenhall

Threatening

presence

of several

officers

slide106

Under Mendenhall

Display of a weapon by an officer

slide107

Under Mendenhall

Some physical touching

slide108

Under Mendenhall

Use of language that indicates that...

slide109

Under Mendenhall

compliance with the officer’s requests is necessary

slide110

Probable cause for a legal search

Specific objects are connected with criminal activity

slide111

Probable cause for a

Objects will be found in the place searched

slide112

Probable cause for a

Objects will be found in the place searched

slide113

Probable cause for a

Based on what a reasonable person would believe

slide114

Fifth Amendment

  • Protection against self-incrimination
slide115

Fifth Amendment

  • Protection against self-incrimination
slide116

Fifth Amendment

  • Right to a grand jury indictment in felony cases
slide117

Fifth Amendment

Protection against double jeopardy

slide118

Miranda Warnings

Required before questioning

slide119

Miranda Warnings

  • Right to remain silent
slide120

Miranda Warnings

  • Anything said can be used against the suspect in court
slide121

Miranda Warnings

  • Right to the presence of an attorney
slide122

Miranda Warnings

  • If suspect cannot afford an attorney, one will be provided
slide123

Sixth Amendment

Right to a speedy and public trial

slide124

Sixth Amendment

  • Right to an impartial jury
  • Right to be informed about the accusation
slide125

Sixth Amendment

  • Right to confront witnesses
slide126

Sixth Amendment

Right to compulsory process for obtaining favorable witnesses

slide127

Sixth Amendment

Right to legal counsel

slide129

“Critical Stages”

  • Arraignment
  • Plea-bargaining process
  • Initial appearances
  • First appeal when applicable
slide130

“Critical Stages”

  • Proceedings after Grand Jury indictment
  • Post-indictment police lineups
  • Sentencing
slide131

“Critical Stages”

  • Juvenile court proceedings when institutional confinement is a possibility
  • Preliminary hearings
slide132

“Critical Stages”

  • Misdemeanor when jail may be a sentence
  • Psychiatric examination showing dangerousness in a death penalty case
slide133

Eighth Amendment

Protection against excessive bails

slide134

Eighth Amendment

Protection against cruel and unusual punishment

slide135

Wrongful Convictions

  • Eyewitness misidentification
  • Police errors
slide136

Wrongful Convictions

  • Prosecutor errors
  • Guilty pleas by innocent defendants
slide137

Wrongful Convictions

  • Community pressures
  • False accusations
slide138

Wrongful Convictions

  • Judicial errors, bias or neglect of duty
  • Errors by medical examiners or forensic experts
slide139

Wrongful Convictions

Errors in record keeping of criminals

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