Chapter 1 Historical Development of Law and the Justice System
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Transcript of Chapter 1 Historical Development of Law and the Justice System
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Chapter 1Historical Development of Law and the Justice
System
This chapter presents an overview of our justice system and describes the historical development of our laws and justice system.
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Judicial Guidance Judicial opinions
construe Constitutionality Meaning Effect of Constitutional Provisions and Statutes
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Court Rules Court rules
There are various standard procedures used by the courts.
Were developed as a result of the court’s inherent supervisory powers.
Regulate the guilt-determining process in areas not regulated by constitutions, other rules, and statutes.
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Goals of the Justice System
Orientation goals Pragmatic goals Abstract goals Standards Orientation goals
Standards
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Orientation Goals Generally oriented in one of
two opposing directions: Law and order
Stresses the need to solve the crime problem
Individual rights Stresses the need to protect
the individual’s rights
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Pragmatic Goals Preventing crime Diverting crime Deterring crime Controlling criminals Rehabilitating offenders
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Foundational Concepts I
Bill of Rights directly restricts only the federal government.
Due Process Clause of the Fourteenth Amendment by selective incorporation applies most of the rights contained in the Bill of Rights to the states and local governments.
State constitutions may provide additional individual rights, but may not restrict the rights granted by the U.S. Constitution.
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Foundational Concepts II
Our justice system is based on the adversarial process.
Charges in a criminal trial must be first formalized by an indictment or information
Prior to trial, both the prosecution and defense have certain rights of discovery and may submit pretrial motions.
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Foundational Concepts III
Burden of proof in criminal proceedings Who has the burden of proving an issue?
What is the magnitude of the burden?
Magnitude may be Proof beyond a reasonable doubt Clear and convincing Preponderance of evidence
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Evolution of Justice System
English common law Colonists brought English traditions and concepts with them
Spanish and French influence
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Purpose of Law
Guideline for human behavior Inform individuals what is right and what is wrong
Encourage individuals to do what is right
Discourage individuals from doing what is wrong
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Code of Hammurabi One of first known attempts to establish a written code of conduct
Divided into five sections Penal laws Manual of instruction Handbook of rights and duties Set of regulations Code of ethics
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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The Common Law of England Originally a set of unwritten regulations and customs
Acted as guidelines for settling disputes
Later based on court decisions Further enlarged by legislative enactments
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Role of Common Law Today
States presently do not use it to establish what constitutes a crime.
Commonly used to interpret legislation.
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Classification of Crimes
Felony Permissible punishment includes confinement in excess of one year in a penal institution or death.
Misdemeanor Permissible punishment includes confinement of one year or less in a jail.
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Magna Charta King John was forced to sign in 1215.
Forerunner of due process rights.
Guaranteed that no free man would be seized and imprisoned except by the judgment of his peers or by the law of the land.
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Early Handling of Accused Persons
Outlawry Blood feud Atonement Trial by ordeal Trial by battle Trial by compurgation
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Establishment of Juries
Ninth century—Frankish kings used trustworthy people for inquests
Accusatory juries—developed in England during 12th century
By thirteenth century an important part of the justice system
Right included in Magna Charta in 1215
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Bill of Rights First ten amendments to U.S. Constitution
Individual rights were only included in the first nine amendments
The Bill of Rights contains 23 separate individual rights, including 12 procedural rights for persons accused of criminal behavior.
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
1-20
Hierarchy of the U.S. Court System
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Venue Difference between venue and jurisdiction? Jurisdiction may not be waived. Venue may be waived.
Venue Geographic location of the court
Sixth Amendment—accused has a right to trial in the judicial district in which the crime was committed.
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
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Jurisdiction Inherent power of a court to hear and decide a case Over the subject matter
Power to preside over certain issues granted to the courts by legislative enactments
Over the person Usually obtained by having the individual before the court
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PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey
PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
1-23
Drug Courts Special court designed to handle cases involving substance-abusing offenders
Developed at a local level Approximately 1,500 drug courts in the United States
Offenders are treated holistically and reintegration into society is attempted