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Department of Criminal Justice California State University - Bakersfield CRJU 100

Department of Criminal Justice California State University - Bakersfield CRJU 100 Introduction to Criminal Justice Dr. Abu-Lughod, Reem Ali COURTS. BEFORE: Blood Feuds, vengeance, cycle of violence Courts: order Courts in England: BOT payment to victim’s family

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Department of Criminal Justice California State University - Bakersfield CRJU 100

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  1. Department of Criminal Justice California State University - Bakersfield CRJU 100 Introduction to Criminal Justice Dr. Abu-Lughod, Reem Ali COURTS

  2. BEFORE: • Blood Feuds, vengeance, cycle of violence • Courts: order • Courts in England: BOT payment to victim’s family • Additional payment to King. More payment to hold people more accountable • TRIAL BY COMPURGATION: • Defendants take an oath that they’re telling the truth • Character witnesses b/c did not have full truth about the case • Cannot make any mistake while taking oaths

  3. TRIAL BY ORDEAL: • When there are not enough people to take an oath for you (to support you), and there was strong evidence against the accused: • 1) trial by cold water, 2) hot water, 3) iron (fire) TRIAL BY BATTLE: • Resolving disputes between people • Rich, women would have someone to fight their battle DEVELOPMENT OF JURY: • Inquest: first type of jury • Grand Jury: Assize of Clarendon 12th C in order to fix problems in the judicial process

  4. Estab beginning of Grand Jury system • 12 men JURY TRIAL: • Difficult to accept that men will be making decisions and they were 12 good men not women Magna Carta: limited power of King and recognized right of nobles

  5. Court of Star Chamber: • Conspiracy, perjury, etc… • Implications: interrogation of suspect in secrecy, no trial by jury, accusation without evidence, torture, accused had no way of knowing who made the accusations • IMPORTANCE: showed how no due process in courts would violate human rights. Abolished in 1641

  6. Court in Colonial America: • Conflicts, no consensus • Each developed as a result of its colonies changing circumstances Slavery and the Law: • Problems for justice • System of laws created to control slaves and protect interests of owners • Whipping common form of punishment • Castration (eliminated)

  7. OUR HERITAGE OF DUE PROCESS • Relationship between people and state • Includes the U.S. Constitution (esp first 10 Amendments) called Bill of Rights • Courts able to determine what’s cruel and unusual • What is sufficient for probable cause • CHANGING NATURE OF COURTS? • Organization of courts: not a centralized system • Civil courts: civil laws, e.g. divorce • Criminal courts: violations against soc

  8. Jurisdiction: authority of court to hear certain cases and it depends on 3 factors • 1) seriousness of case (which court will hear it) • 2) location: geographic jurisdiction • 3) first time or an appeal

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