1 / 14

Introduction to Criminal Justice

Introduction to Criminal Justice. The Rule of Law Chapter Four Bohm and Haley. Questions. What is the highest legal authority in the United States? What is a major purpose of the Supreme Court in the United States?. Criminal Law. The purpose of criminal justice is

lauren
Download Presentation

Introduction to Criminal Justice

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Introduction to Criminal Justice The Rule of Law Chapter Four Bohm and Haley

  2. Questions What is the highest legal authority in the United States? What is a major purpose of the Supreme Court in the United States?

  3. Criminal Law The purpose of criminal justice is to enforce the criminal law. “The 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” Sigler (1981)

  4. Substantive Law: Law that deals with the content or substance of the law – legal obligations. Civil law examples include: tort law, contract law, and domestic relations, i.e., legal grounds for a divorce. Criminal law defines criminal offenses and their penalties. For example, murder, robbery, and burglary. Procedural Law: Law that outlines the legal processes to be followed in starting, conducting, and finishing a lawsuit or arrest, search and seizures, interrogations, trials, and punishment. Examples include the trial process including the interaction of the courtroom workgroup. Key Words: Due Process Criminal and Civil Law

  5. COMMON LAW or (Case Law) Three Basic Characteristics: Judge-made. Based On Precedent (StareDecisis) – promotes fairness and consistency. Multiple Sources: Constitutions (Fundamental basis of federal and state laws); Statutes (Legislative); Administrative Regulations (Legislative); and, Judicial Decisions, i.e., appellate decisions (Judicial). Origin of Anglo-American Law:

  6. Characteristics of Criminal Law

  7. Civil Law • Civil suits are brought by private parties, i.e., individuals, groups, businesses, and the government. • Types of civil law include: tort, contracts, property, and domestic relations. • The court renders remedy’s between the plaintiff and the defendant, i.e., declaratory, monetary, and injunctions. • Victims of crime can seek civil litigation such as compensation, restitution, eviction, asset forfeiture, and premises liability. • Criminal justice officials can face civil lawsuits concerning prison conditions, excessive force, inactions, discrimination, etc.

  8. Standards of Proof

  9. Criminal Law Public Wrongs. Prosecuted by the State. Proof beyond a reasonable doubt. Right to counsel. Defendant has right to silence. Penalties or sanctions are based on seriousness of the offense, i.e., misdemeanors and felonies. Civil Law Private Matters. Private parties file suit. Preponderance of the evidence. Must hire own attorney. Defendant may be forced to testify. Penalties based on compensation or remedies. Criminal LawversusCivil Law

  10. The Rights of the Accused • Prevention and crime controlversus protecting the individual liberties of the innocent. • Due process clauses of the Constitution limit arbitrariness of legislative and judicial authority (5th and 14th amendment). • The Bill of Rights include individual protections within the context of criminal procedures. • The Supreme Court is the final voice on the interpretation of the Bill of Rights and the specific requirements of due process. These interpretations tend to be revised over time.

  11. The Bill of Rights and Criminal Procedure • “Incorporation:” A legal doctrine in which the Supreme Court made provisions for all major protections to be extended to the states as well as the federal government (14th amendment). Major Protections Affecting Criminal Procedure Include: • 4th Amendment: Unreasonable searches and seizures and the exclusionary rule. • 5th Amendment: Self-incrimination and double jeopardy. • 6th Amendment: Counsel, trial by jury, speedy trial, notice and hearing, and confronting opposing witness. • 8th Amendment: Cruel and unusual punishment; excessive bail and fines.

  12. Questions What is the importance of the Patriot Act? In your opinion, is the Patriot Act fair?

  13. Court Cases to Know Mapp v. Ohio (1961) Gideon v. Wainwright (1963) Miranda v. Arizona (1966) Terry v. Ohio (1968)

  14. Questions What are some examples of “miscarriages of justice?” What proportion of all convicted offenders do you think are “wrongfully” convicted?

More Related