CRJS 324: Courts and Sentencing Ch. 1

1. Law

It is a written body of code/rules of conduct that are applicable to all members of a defined community, society, or culture that emanate (or comes from) a governing authority and are focrced by its agents by the imposition of penalties for their violation.

• It serves to conduct, resolve disputes, & maintain order through courts.

1. Legal disputes can arise between private parties or between-

-between the state & individuals such as in criminal cases.

1. The law is central to organized social life, derived from Latin & Nordic roots meaning to-

-to bind people together.

1. What are the role of courts?

It is that they are:

• are forums for dispute resolution, with a complex set of rules & procedures governing their operation.

• key roles in the court system include the prosecutor, defense attorney, judge, witnesses, & the defendant.

• Evidence law dictates what information can be presented to juries & how it is presented.

• the legal disputes are disagreements about laws, their meanings, or their implementation.

• are tasked with interpreting laws & ensuring justice is served.

1. The Code Hammurabi

This is the first known written legal code dating back to 2076 BC in ancient Mesopotamia. The code delineated (to describe or portray something precisely) crimes & their punishments & also enumerated ((mentioned a number of things) one by one) settlements for common disputes.

1. The Code Hammurabi was inscribed on a stone pillar & addressed specific cases rather than-

-than abstract principies.

• The code governed various aspects of society, including property rights, theft, & violence.

1. What introduced the concept of "lex talionis' or `an eye for an eye,’ emphasizing proportional justice and represented a significant advancement in the administration of justice promoting impartiality?

The Code Hammurabi

1. Consensus Theorists

These people emphasize how society is structured to maintain its stability & view it as an integrated network of institutions (the family, Church, school, economy, gov't) that function to maintain social order & the system as a whole.

• Social Stability is also achieved in this view through cooperation, shared values, & the cohesion & solidarity that people feel by being part of a shared culture.

1. The Consensus Perspective (hint: “Consensus” means general agreement)

This sees the law as a neutral framework for resolving conflicts among individuals with shared values.

• The law is linked to an immune system that protects societal order from potential dangers. It is viewed as a necessary mechanism for maintaining peace, order, & stability in society.

• This perspective acknowledges the existence of conflicts but sees them as temporary & resolvable. Basically, the legal system is seen as a tool for achieving social cohesion & solidarity.

1. Conflict Theorists

These people consider society to be composed of individuals & groups with sharply different interests & to be characterized by conflict & dissention.

• People are in groups everywhere so they maintain and seek to maximize their interests. Because resources are limited, conflict between different individuals & groups is inevitable & continuous.

1. The Conflict Perspective

This perspective views human nature as inherently exploitative, shaped by capitalist society, rather than innate characteristics.

• The law is seen as a tool that preserves the power of the privileged, rather than protecting the weak.

• Social behavior is understood through the lens of conflict between groups over scarce resources, a concept rooted in the ideas of karl Marx.

1. Legal Codes are seen as compromises among various interest groups, reflecting-

-reflecting community values rather than victories of one group over another.

• The law defines the rights & responsibilities of individuals, acting as a legitimate expression of morality & custom.

1. False Consciousness

It is an ideological worldview that is contrary to people's best interests. Workers have been duped into accepting the legitimacy of the law by the ruling classes & are not aware that the law does not serve them.

• Marxist legal scholars argue that the ruling class, which controls the means of production, also dictates the laws that govern society.

1. T/F: Coercion may be necessary to uphold the law, but it is the individual, who is flawed, not the law self.

True

1. T/F: The majority obey the law out of respect, rather than fear, indicating a social consensus on the importance of legal structures.

True

1. T/F: Justice is NOT the same as the law; While the law can embody justice, it can also deviate from it.

True

1. T/F: The law aligns with justice when it upholds the dignity of all the people, particularly the marginalized.

True

1. Achieving justice through the law requires what?

It requires confidence in the legal system, akin to scientific endeavors to harness natural laws.

1. T/F: The practical application of justice is fundamentally linked to the existence & enforcement of the law.

True

1. Equity

It is a word derived from the Latin word for "just" & refers to remedies for wrongs that were not recognized (neither the remedies nor the wrongs) under English common law; Ensured that justice could be served in unique cases.

• Prioritizing justice & fairness over strict adherence to the law.

1. What is the history of Equity in the U.S.?

In the 19th century, U.S. civil law was heavily focused on contract legality, often ignoring the welfare of consumers & workers.

• The principle of caveat emptor (let the buyer beware) dominated, allowing manufactures to evade responsibility for defective products.

• Legal protections for workers & consumers began to emerge in the late 19th & early 20th centuries.

  • This transition towards equity was influenced by social movements advocating for workers' rights & consumer protection.

1. The Rule of Law

It is a foundational principle that ensures that the laws gover a nation, not arbitrary decisions by individuals.

1. Philip Reichel identifies three key elements of the rule of law. What are they?

This includes:

1. It requires, a nation to recognize the supremacy of certain fundamental valves & principles.

2. These values & principles must be committed to writing.

3. A system of procedures that holds the gov't to these principles must be in place.

He said that the effectiveness of the rule of law is contingent upon the gov’t’s commitment to uphold these principles in practice.

1. What is the history of the Rule of Law?

It was developed through key events like the Magna Carta & the English Civil Wars, which limited gov’t power & protected rights. The Glorious Revolution reinforced its significance.

1. Due Process

It is procedural justice that is due to all persons whenever they are threatened with the loss of life, liberty, or property at the state.

• This is essentially a set of instructions informing agents of the states how they must proceed in their investigation, arrest, questioning, prosecution, and punishment of individuals who are suspected of committing crimes.

• In other words, they are rules that attempt to ensure that people are treated justly by the state.

1. Factual Guilt; Herbert Packer’s Model of Criminal Justice

These two models consist of crime control & due process models. The crime control model emphasizes the suppression of criminal conduct as the primary function of the justice system, prioritizing efficiency & finality.

• In contrast, the due process focuses on protecting individual rights & ensuring fair legal procedures are followed.

1. Legal Guilt; Due Process

This depends of the correct procedures for determining factual guilt; Flaws in the process mean that the defendant isn't legally accountable. The presumption of innocence applies until proven guilty.

1. The due process model values what?

It values reliable, formal, & adversarial fact-finding.

1. Continuous Review

It is essential to avoid wrongful convictions & uphold justice.

1. Brewer v. Williams

This court case is an example of the limitations of the due process model, with the supreme court overturning a conviction for violating the defendant's right to counsel.

• The detectives ‘Christian burial speech' was seen as custodial interrogation, leading to evidence exclusion. It highlights the need for fair trials over efficiency.

1. Brown v. Mississippi (1936)

This court case is an example of when the crime control model ran amox (crazy).

1. What is the ongoing battle between Due Process and Crime Control?

The ideal balance between due process & crime control is often disrupted by practical realities such as high caseloads & limited resources.

• Plea Bargaining exemplifies the conflict; the Crime control model favors efficiency, while the due process model prioritizes reliability & the rights of the defendants.

  • The Crime Control Model assumes that guilty pleas are a necessary evil for maintaining efficiency, potentially leading to wrongful convictions.

  • The Due Process Model argues that quilty pleas should be discouraged to ensure that defendants recieve fair trials & that their rights are protected.

1. Courts provide several functions. These include what?

These include:

• providing a forum to settle disputes, either in civil court or criminal court.

• Making policy decisions that politicians may be unwilling to make for fear of not being re-elected.

• Serving to clarify the law through the interpretation of statutes & the application of general principles to specific fact patterns.

Unlike other govt branches, courts are reactive, responding to cases brought before them rather than initiating legal actions.

1. How do judges make the law?

This is how it is made:

• The traditional belief is that judges apply laws strictly, but they often interpret unclear statutes & constitutional terms.

• Judges face broad & vogue legal language that needs personal interpretation

• Judges adjust the law for current societal needs to ensure justice.

1. Which metaphor best describes the due process model of the criminal justice process?

Obstacle Course

1. Hammurabi’s Code governed relationships in society related to what?

sexual behavior, property rights, theft, and acts of violence

1. Packer’s crime control model focuses on which of the following?

factual guilt

1. Which of the following is an important aspect of the crime control model?

finality

1. T/F: Factual guilt and legal guilt are not the same.

True

1. What is, perhaps, the most significant difference between the courts and other branches of government?

The significant difference between the courts and other branches of government is that the courts are more reactive, meaning they take action in the court cases that come and go, instead of creating legal actions.

1. Explain the concept of judicial review. Why is judicial review important?

Judicial review is simply the power of the court to examine the law and determine if the law is constitutional or not. Judicial review is important it allows judges to check to see if the law doesn't go against the Constitution, since the Constitution is the "Law of the Land."

1. What are the two ways that judges can address a situation where they decide that a precedent is no longer valid and should not be followed?

The two ways that judges can address a situation where they decide that a precedent is no longer valid and should not be followed is that they can disregard the earlier case and decide as if there was no binding precedent or they can overrule the case.

1. What is the principle establishing the value and authority of precedent?

stare decisis

2. Courts not only serve as a forum for dispute but they also serve as what?

As interpreters of law.

• Without courts to apply & interpret it, the law would be incomplete.

2. The law has several sources, including constitutions, statutes, & judicial opinions (case law). Laws not only define the appropriate conduct for the members of a society but also to-

-to provide protections for individuals from interference in their lives by other entities, including other people & the gov't.

2. T/F: A number of individual rights are either created by federal & state constitutions & statutes.

True

2. What are sources of the law?

Primary sources of law include judge-made law (aka common law) & statutory law (includes the Constitution, statutes, ordinances, & administrative regulations).

2. Legislation

These are rules or laws that are enacted by the legislature.

• Ex.) VA state codes

2. Constitution

It is a document that creates a govt. (constitutes the gov't).

2. Just because a legislature passes a bill doesn't mean that the bill is a-

-a lawful exercise of the legislature's authority. Acts of the legislature may not limit the constitution under which the legislation was created.

• Ex.) The U.S. Congress may not lawfully pass legislation that abridges the 4th Amendment.

2. Administrative Regulations

They are rules enacted by the state/local agencies, such as regulations affecting food & drugs, & occupational safety requirements (Both the federal govt & state gov'ts issue this).

• Ex. FERPA, HIPPA, OSHA, etc.

2. Statutes

These are frequently written in broad or vague terms, leaving room for interpretation by those who must enforce them.

• This is also true of the U.S. Constitution.

• Ex.) The 8th Amendment prohibits "cruel & unusual punishment." But what is cruel? punishment? There are no clear answers so the courts are forced to define the terms.

2. Why are statutes are often vague?

They are vague because it is difficult to clearly articulate in a statute precisely what conduct is or is not permitted, given the complexities of human behavior.

• Also, drafting & enacting legislation requires legislators to work together to create a statute that can be supported by the majority.

  • Statutes on controversial issues often require court interpretation.

2. Individual Rights

These are rights possessed by an individual that protect them from others or the govt.

• Ex.) The right to due process of law, the right to equal protection of the laws, & the right to be free from unreasonable searches & seizures.

• States may provide additional rights in their constitutions, but they can't restrict the rights provided in the U.S. Constitution.

2. The Constitution

This outlined the powers & limits of the federal govt. Its focus was on how the new federal govt would act, not on the relationship between the gov't & the individual community member. The 3 individual rights mentioned in the constitution:

1. The right to seek a writ of habeas corpus (a document challenging the legality of a person's legality of a their detention).

2. The prohibition of bills of attainder (legislation imposing punishment without a trial).

3. The prohibition of ex post facto laws (legislation making prior conduct criminal).

2. Which state proposed The Bill of Rights in 1789 and ratified it in 1791 to make them official?

Virginia

2. The Bill of Rights

It consists of the first amendments to the constitution.

• There are 23 specific individual rights originally applied only to the federal gov't, but it wasn’t until the 20th century that this was applied to state gov’t via the 14th Amendment.

• This was done by the U.S. Supreme Court through a process referred to as incorporation, in a series of decisions stretching over more than 50 years.

2. The First Amendment

This amendment includes a number of individual rights, among them are the freedoms of religion, speech, press, & assembly.

• In this amendment, the gov’t is forbidden from creating a state-supported religion and the govt is barred from interfering with individuals' religious practices (not supposed to promote a religion or prevent the practice of religion.) This First clause is known as the Establishment Clause (separation between the church & State).

2. In the Federal gov’t you can't bring a gun in there unless you are what?

A federal officer

2. The Second Amendment

This amendment says that citizens have the right to "keep & bear arms & this right shall not be infringed”.

• Ex.) District of Columbia v. Heller

2. The Third Amendment (hint: the next time we might need this is during World War 3…)

This amendment makes such a practice unconstitutional by expressly forbidding the quartering, or housing of soldiers in private homes without the permission of the homeowner.

2. The Fourth Amendment

This amendment forbids "unreasonable" searches & seizures by law enforcement officers & requires the existence of "probable cause” before an arrest or search warrants may be issued.

• Ex.) Manuel. V. City of Joliet, Illinois, et al: Manuel sued the city and officers for violating his Fourth Amendment rights after his case was dismissed. The district court and Seventh Circuit ruled against him, but the Supreme Court stated that he could challenge his detention under the Fourth Amendment.

2. Probable Cause

It is the justification for search or seizure. It is not as stringent as proof beyond a reasonable doubt but more than reasonable suspicion or a hunch.

2. The Fifth Amendment

This amendment includes a variety of individual rights, including the right to indictment by a grand jury, the prohibition of double jeopardy, the right to due process of law, & the privilege against self-incrimination.

• Ex.) Miranda v. Arizona (1966); Miranda Rights

2. Grand Jury

This comprises of members of the community who listen to the case presented by a prosecutor & decide whether there is enough evidence to put the defendant on trial; They look for enough proof of guilt.

• In other words, they are meant to serve as barrier between the community member & an overzealous prosecutor.

2. Indictment

It is a legal document that charges a defendant with a crime.

2. Information

It is a substitute for an indictment; It is a legal document filed directly with the court by the prosecutor.

2. Double Jeopardy

It means that a jurisdiction may not:

• Punish someone twice for the same offense.

• Prosecute someone again for the same crime after the person has been acquitted.

• Prosecute someone again for the same crime after the person has been convicted.

2. Hung Trial

This occurs when the jury is unable to reach a unanimous verdict.

2. Acquittal

This occurs when a jury votes unanimously that the defendant has not been proven guilty beyond a reasonable doubt by the prosecution.

2. Dual-sovereign Doctrine

This says that a person may be prosecuted in both federal & state court for an act that is a crime under both state & federal law.

2. The Sixth Amendment

This amendment contains a number of individual rights associated with the criminal trial. They include:

• The right to a speedy trial

• The right to a public trial

• The right to a trial by an impartial jury

• The right to notice of the charges against oneself

• The right to representation by counsel

• The right to confront the witnesses against oneself

2. The Right of Appeal

This includes the right to appeal from sentences, decisions, & judgements.

2. The Right to Counsel

This includes the right of indigent persons who cannot afford to hire a lawyer to be provided with a lawyer at the state's expense.

• Ex.) Gideon v. Wainwright, 1963

2. The Seventh Amendment

This amendment provides defendants in civil lawsuits filed in federal court with the right to a trial by jury.

2. The Eighth Amendment

This amendment bars the state from several actions, including imposing excessive bail on a defendant prior to trial & engaging in cruel & unusual punishment.

2. The Ninth Amendment

This amendment says that the listing of some individuals rights in the Constitution should not be constructed as a listing of the only rights retained by citizens.

• Basically, this ensures that a partial listing of rights does not deny others.

2. Penumbras (hint: in other cases, it means “partially shaded”)

They are incompletely lighted areas of the Constitution that guarantees rights not explicitly stated.

• Ex.) The right to privacy

2. The Tenth Amendment

This amendment states that the rights not delegated to the federal govt in the Constitution are reserved for the states/individual citizens.

• The Amendment was created to calm fears that the new national government might become too powerful and to explicitly confirm that the federal government is limited to only the powers granted to it.

2. The Fourteenth Amendment

It is the first Amendment that applies to the states, as opposed to the federal government.

• This forbids states from denying citizens due process of law or equal protection of the laws.

2. Suspect Classifications

This bars discrimination on the basis of race, religion, and (in most instances) gender.

2. It is not specifically worded that we have a right to privacy in what amendment?

The Sixth Amendment

2. Fundamental Rights

This says that those individual rights the supreme Court has determined are "essential to the concept of ordered liberty."

• Ex.) Most all the individual rights listed in the Bill of Rights, as well as the 14th Amendment guarantees of due process & equal protection.

2. Miranda Warnings

This means that one has certain rights, such as the right remain silent & to have an attorney, when in police custody.

2. Strict Scrutiny

It is a statute that abridges a fundamental right or impacts a suspect classification will be determined to be unconstitutional unless:

• The state has a compelling interest

• The legislation restricting that right is "narrowly tailored.”

2. Intermediate Scrutiny (hint: “Scrutiny” means to study, scan, survey, or test something)

It is a statute that will be upheld if the courts find that it is substantially or largely related to an important gov’t purpose.

• Basically, is a test that courts often use in the field of Constitutional Law to determine a statute's constitutionality.

2. Rational Basis

It is another method of determining whether a state may abridge someone's fundamental rights. A lesser standard of proof is required, & the courts generally find in favor of the state.

2. Substantive Due Process

This consists of due process rights that extend beyond procedural rights to encompass substantive rights such as free speech & privacy.

• Ex.) This is the legal theory under which the privacy rights were applied in Griswold v. Connecticut and Roe v. Wade.

2. Incorporation

It is the process by which most provisions of the Bill of Rights have been extended to the states by way of the 14th Amendment (which says that no state shall deprive a person of life, liberty, or property without "due process of law").

2. Total Incorporation

This means that the entire Bill of Rights was applied to the States.

2. Total Incorporation Plus

This not only applied the entire Bill of Rights, but also other non specified rights.

• Ex.) The right to privacy

2. Selective Incorporation

This means that certain parts of the Bill of Rights were applied to the states.

• The process of how some, but not all, of the Bill of Rights were made applicable to the states through the Due Process clause of the 14th Amendment.

3. The criminal law is defined by what?

It is defined by the statute, & it sets forth what is forbidden conduct & provides penalties for those who engage in such activity.

• It is the code of conduct that everyone in society is expected to follow.

3. T/F: Criminal laws are enforced by the state, & violation of the criminal law is treated as an act against the state.

True

3. What is the primary purpose of the law?

The primary purpose of the criminal law is to protect the public from harm by either derening punishing unlawful acts.

3. Social order requires the that the law does what?

Social order requires the that the law also concerns itself with other harmful acts that society has been fit to regulate that are outside the purview of the criminal justice system.

3. Civil law is private law on that it-

-it primarily governs transactions between non-government entities such as corporations & private individuals.

• Ex.) Property, contracts, & personal injuries, etc.

3. Participants in the social contract must be willing to sacrifice some potential for-

-for personal gain to provide an environment conducive to the protection of important liberties for all.

3. Civil law

This law designed to address private wrongs. This type of law is designed to provide remedies for individuals harmed by others, manage social conflict, & restore social harmony; It defines the rights & duties that all individuals owe to all other individuals.

• Civil law is divided into four major categories: Torts, property, contracts, & family law.

• Ex.) A private community member who believes that they have been injured in some way by another person may sue that party for damages.

3. Criminal Law

This law is designed to allow for the adjudication & punishment of these who violate society rules or criminal laws.

• The state is treated as the aggrieved party, & the alleged wrongdoer is the defendant.