Chapter Two LAW and CRIME

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Chapter TwoLAW and CRIME
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Questions

• WHY DO WE HAVE LAWS?
• And,
• WHO IS REPONSIBLE FOR MAKING
• THE LAW?

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• THE LAW IS
• DEFINED AS

• A body of rules
• Enacted by public officials
• In a legitimate manner
• Backed by the force of the state.

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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?

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Origin of Anglo-American Law

• COMMON LAW

• Three Basic Characteristics
• Judge-made.
• Based On Precedent (Stare Decisis) 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).

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Two TYPES of LAW

• 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 examples include
  murder, robbery, and burglary.
• Procedural Law 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.

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Question

• What were some of the differences
• in the Procedural and Substantive Law
• during the
• O.J. Simpson civil and criminal trial proceedings?

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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
  defendants innocence.
• Proof beyond a reasonable doubt (criminal)
  versus preponderance of the evidence (civil).

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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.

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Question

• What would be an example
• of how the Supreme Court
• has adjusted its stance
• on the interpretation
• of a particular due process right?

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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.

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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 remedys 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.

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Criminal Law versus Civil Law

• 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.

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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).

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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?

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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.

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Question How does the law affect the following
issues?

• Law Enforcement
• Courtroom workgroup
• Plea bargaining
• Sentencing