Transcript Chapter Two LAW and CRIME

Chapter Two
LAW and CRIME
Questions
WHY DO WE HAVE LAWS?
And,
WHO IS REPONSIBLE FOR MAKING
THE LAW?
THE LAW IS

A body of rules;

Enacted by public
officials;

In a legitimate
manner;

Backed by the force
of the state.
DEFINED AS:
Questions
How does JUSTICE fit into
the law making process?
And,
Which is more important when considering laws,
Rights of Individuals or the Common Good?
Origin of Anglo-American Law:
Three Basic Characteristics:
COMMON LAW
1)
Judge-made.
2)
Based On Precedent (Stare
Decisis) – promotes fairness
and consistency.
3)
Multiple Sources:
Constitutions (Fundamental
basis of federal and state
laws); Statutes (Legislative);
Administrative Regulations
(Legislative); and, Judicial
Decisions, i.e., appellate
decisions (Judicial).
Two TYPES of LAW

Substantive Law:

Procedural 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
examples include: murder, robbery, and burglary.
Law that outlines the legal
processes to be followed in starting, conducting, and
finishing a lawsuit. Examples include the trial process
including the interaction of the courtroom workgroup.
Question
What were some of the differences
in the Procedural and Substantive Law
during the
O.J. Simpson civil and criminal trial
proceedings?
The ADVERSARY SYSTEM

Adversarial system versus the Inquisitorial system.

Two premises: To insure legal safeguards and to
promote the presumption of innocence.*

The burden is on the prosecutor to prove guilt and the
defense attorney to assert legal protections as well as
arguing for the defendant’s innocence.
*
Proof beyond a reasonable doubt (criminal) versus preponderance of the
evidence (civil).
The Rights of the Accused

Prevention and crime control versus 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.
Question
What would be an example
of how the Supreme Court
has adjusted its stance
on the interpretation
of a particular due process right?
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: Right to counsel and trial by jury.
8th Amendment: Cruel and unusual punishment.
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.
Criminal Law versus Civil Law
Criminal Law
Civil Law

Public Wrongs.

Private Matters.

Prosecuted by the State.

Private parties file suit.

Proof beyond a reasonable doubt.

Preponderance of the evidence.

Right to counsel.

Must hire own attorney.

Defendant has right to silence.

Defendant may be forced to
testify.

Penalties or sanctions are based
on seriousness of the offense, i.e.,
misdemeanors and felonies.

Penalties based on compensation
or remedies.
Elements of Statutory or
Substantive Criminal Laws

A guilty act (actus reus) is committed (or attempted).

Guilty intent (mens rea).

The guilty act and guilty intent are related (fusion).

Attendant circumstances (i.e., drug amount or amount of
money stolen).

Specific results (the end result of the crime determines
the category of crime).
Question
What are some of the criminal offenses
where the “specific result” of the
crime determine the actual offense charged?
And,
How does intent affect those criminal
offenses where the “specific result”
makes a difference?
Legal Defenses
Some illegal acts ‘may’ have legal justification.
They include:






Medical conditions (seizures).
Duress.
Self-defense.
Children (under age 7).
Juvenile delinquents.
Mental illness.
Question
How does the law affect the following issues?
Law Enforcement
 Courtroom workgroup
 Plea bargaining
 Sentencing
