CJ Chapter 1

Murder and nonnegligent homicide cases account for less than

1/10 of 1% of all criminal arrests. 

The death penalty is sought in only a small fraction of murder cases. 

Very rare punishment and is not regularly used, some states have it, others do not. The states that have it do not use it. 

Changes in popular culture affect

America's legal institutions. 

The CSI effect is a

phenomenon where a jury expects sophisticated forensic evidence even in the most mundane cases (due to forensic science programs on television). 

In addition to courts, the two other main components of the criminal justice system are: 

Police and Corrections 

Courts are related to the rest of the criminal justice system as follows— Interdependent

All have different goals, histories, operating procedures

All are forced to interact with another 

Courts are related to the rest of the criminal justice system as follows —Fragmented Courts

Corrections encompasses prisons, probation, parole, drug treatment, and halfway houses. 

The court has many actors including private citizens. 

The structural arrangement of the system can cause this. These can be issues among components of criminal justice. 

Tensions and conflicts also result from multiple AND conflicting goals. 

Overview of the U.S. Courts: 

Dual court system 

Trial Courts

Appellate Courts 

United States Supreme Court 

Trial Courts: 

Trials are held here, jurors are sworn in, and witnesses are questioned. 

Lower trial courts:

process felony cases 

Major trial courts:

responsible for final phases of felony prosecutions. 

Appellate Courts: 

Review decisions that are made by trial courts–most often major trial courts. 

In Appellate Courts:

No trials are held, no jurors are employed, no witnesses are heard, and lawyers argue over previous cases. 

U.S. Supreme Court: 

Also called The Court of Last Resort, cases are hand selected. It hears fewer than 85 cases a year. Usually only hears cases that are impacting the society as a whole.

The most important actors in the courthouse are: 

Prosecutors, Defense Attorneys, Judges, Defendants and victims, Justice Professionals, and Members of the Public.  

Justice Professionals Include:

Police – enforce laws

Lawyers – prosecutors, defense attorneys, judges, law clerks

Court Staff – clerks, reporters, bailiffs, administrators, victim/witness services

Corrections Officials – probation officers, jail/prison staff, rehab personnel

Members of the Public — Regular Participants

bail agents, reporters, social services personnel, select expert witnesses

Members of the Public — Irregular Participants

defendants, victims, witnesses, jurors, victim advocates

The Steps in a Typical Felony Prosecution: 

Arrest, Initial Appearance, Bail, Grand jury or preliminary hearing (depends on jurisdiction), Arraignment, Discovery, Pretrial motions, Plea negotiations, Trial, Sentencing, Appeal 

Case Close Up: Brown v. Mississippi 

Innocent men were forced to confess through torture by corrupt police.The Supreme Court ruled that confessions must be free and voluntary. Important case for Due Process under the Fourteenth Amendment.

The four key elements defining LAW: 

Law is a body of rules 

Law is enacted by public officials 

Law is enacted in a legitimate manner 

Law is backed by the force of the state. 

Basis of Law =

Human Conflict

The Common Law Heritage: 

“The law common to the entire land” 

Louisiana is unique among American states and uses the French system of civil law, but still uses the common law for crimes. 

The Three Key Characteristics of The Common Law

Judge-made law 

Based on precedent or stare decisis 

Found in multiple sources “uncodified” 

Judge-Made Law: 

Appellate courts help shape and interpret the law.

Constitutional law is often judge-made.

Based on the common law tradition.

Court decisions help determine the meaning of other laws.

Stare Decisis: 

Translated literally to “let the decision stand”. Followed by previous court decisions with similar facts of a case. 

By following previous court decisions, the system promotes fairness and consistency in judicial decision making, A cautious approach to problem solving.

Courts must know how the cases were interpreted, as well as their location. Sources of American Law include: 

Constitutions, Statutes, Administrative regulations, and Judge-made law

Constitutions: 

The fundamental rules that dictate how people will be governed. Creates guidelines or rules for establishing government and establishes principles and general laws of a nation or state (first document). It defines the power that each branch of government can or may exercise. 

Statutes

Are rules enacted by state or federal legislatures and are the product of the legislative process. Local government rules are often called “municipal ordinances" 

Administrative Regulations: 

Administrative agencies are created by, and get their power to act, from the legislature.

Regulations have the “force of law” the same way a legislative stature does, and they are often interpreted by the courts such as: 

Internal Revenue Service

State Boards

Zoning Boards 

Substantive Law:

rules that create legal obligations 

Substantive civil law: 

Tort, Contract, Domestic relations 

Substantive criminal law: 

Robbery and Burglary 

Procedural Law:

establishes the method of enforcing these obligations 

The burden of proof is on the prosecutor for the state to

prove guilt beyond a reasonable doubt.

Beyond a reasonable doubt safeguards include:

Cross-examination—Sixth amendment

Diffusion of power

Presumptions and inferences—sanity and innocence

Burdens of proof—production/persuasion

Crime prevention must take place without the violation of

individual rights and liberties.

Restrictions on government power take the form of rights granted to the

accused

The Rights of the Accused — Key Examples:

The right to remain silent. The right to have a trial by jury. The right to counsel in criminal proceedings.

Due Process: 

Broad and elastic meaning, Fundamental fairness 

A person should always be given notice of any charges brought against him or her

A person should be provided a real chance to present his or her side in a legal dispute 

No law or government procedure should be arbitrary or capricious. 

Fourth Amendment:

Search and Seizure 

Fifth Amendment:

Double jeopardy, self-incrimination 

Sixth Amendment:

Speedy, public, fair trial

Eighth Amendment:

Excessive bail, fine, cruel and unusual punishment. 

Civil Law: 

Contracts, Torts, Domestic relations, Property

Criminal Law: 

Felonies, Misdeanors, Violations 

Actus reas:

guilty act 

Mens reas:

guilty mind 

Corpus Delicti: 

Actus reas: guilty act 

Mens reas: guilty mind 

Union of Act and Intent 

Attendant Circumstances 

Results 

Criminal Defenses: 

Alibit defenses 

Mistake of fact 

Necessity

Defense of justifications (self-defense) 

Procedural defenses 

Defense of excuse (infancy) 

Juvenile delinquency 

Insanity or mental illness 

Law on the Books:

legal and structural components of the judiciary

Constitutions, Legislations, Regulations ,Court Cases 

Law in Action:

focuses on human factors governing the actual application of law 

Police, Prosecutors, Judges, Victims, Witnesses, Jurors 

Crime Control Model and Due Process Model

Discuss the details of the Trayvon Martin case

 The controversy surrounding the case can be compared through two criminological concepts:

• Crime control

• Due process

The Crime Control Model

 Conservative model and Proposes harsher penalties

The Due Process Model of Criminal Justice

Liberal model and Advocates social programs aimed at reducing crime by reducing poverty

The Crime Control Model: 

Individual responsibility

Self-control

Discipline

 Quickly determine innocence or guilt

Informal fact-finding is foolproof

Speed and finality of courts

Courts hinder effective law enforcement and provide inadequate protection to society

The Due Process Model: 

Protects the rights of the individual

Understands social Influences

Uses formal fact-finding (careful consideration of each case)

Considers the court to find error on the part of law enforcement and prosecutors

Considers community-based sentencing

Media Depictions and Distortions of Criminal Courts

Most people learn about criminal courts from TV, movies, and news.

Advantage: Media can help people understand how court cases work, including:

Laws that exist (“laws on the books”)

How laws are actually used in real life (“law in action”)

Debates or disagreements about laws (“law in controversy”)

Disadvantage: Media sometimes changes or exaggerates what happens to make court cases seem more exciting than they really are.