Chapter 4 - The Rule of Law pp
Chapter Overview
Focuses on the concept of the Rule of Law in the context of American legal framework.
Emphasizes the significance of learning in understanding legal principles.
Learning Objectives
After completing the chapter, students should be able to:
Distinguish different types of laws (criminal vs. civil).
Understand substantive vs. procedural law.
Identify key features of effective criminal laws.
Analyze the political nature of criminal law.
Explore the origins and evolution of American criminal laws.
Understand the procedural rights under various amendments (Fourth, Fifth, Sixth, Eighth).
Types of Law
Criminal Law: Focuses on violations of penal codes.
Civil Law: Addresses non-criminal violations, including torts and contract laws.
Substantive Law vs. Procedural Law
Substantive Law: Defines criminal offenses and penalties (e.g., laws against murder).
Procedural Law: Governs the administration of substantive laws, often relating to due process rights.
Characteristics of Good Criminal Law
Access: Everyone should be able to understand and access the law.
Specificity: Laws should be clearly defined to avoid ambiguity.
Regularity: Law applies equally to all individuals.
Uniformity: Enforcement is consistent across different social statuses.
Penal Sanction: Legal punishments must exist for violations.
Criminal Law as a Political Phenomenon
Criminal law is shaped by societal norms decided through the political process.
What constitutes a crime is determined by laws created and enforced by the state.
Origins of Laws
Written laws date back around 5,000 years; prior, societies relied on customs.
The Code of Hammurabi introduced one of the earliest written laws focusing on justice and social protections.
England's Contribution to American Criminal Law
Norman Conquest (1066): Established the king's authority and common law principles.
Magna Carta (1215): Established rule of law and procedures, shaping due process rights in the U.S.
Native American Criminal Law
Cherokee law emphasized community harmony and restorative justice.
Written laws emerged in 1808 and highlighted early governance practices among Indigenous peoples.
Creating Criminal Laws in the U.S.
Laws are crafted through legislative bodies, influenced by common law and case interpretations.
Structure of Legal Authority
U.S. Constitution: Establishes Congress to enact laws and includes the Bill of Rights for procedural protections.
Different jurisdictions (federal, state, municipal) enact their specific statutes.
Common Law
Developed through judicial decisions that set precedents for future cases.
Stare Decisis: Principle that mandates adherence to precedent, providing consistency in law.
Procedural Rights of the Accused
Most rights derived from the Bill of Rights, ensuring fair legal processes.
The Bill of Rights and Criminal Justice
Addresses protections such as:
Fourth Amendment: Protects against unreasonable searches and seizures.
Fifth Amendment: Guarantees rights related to grand jury indictments, protection against double jeopardy, and self-incrimination.
Sixth Amendment: Ensures the right to a fair trial, including trial by jury, public trials, and legal counsel.
Eighth Amendment: Prohibits excessive bail, fines, and cruel or unusual punishment.
Standards of Proof
Different levels of proof affect legal proceedings:
Mere Suspicion: Lowest level, insufficient for stops.
Reasonable Suspicion: Allows for stop-and-frisk.
Probable Cause: Required for arrests and search warrants.
Beyond a Reasonable Doubt: Standard for criminal convictions.
The Exclusionary Rule
Established to keep illegally obtained evidence from being used in court.
Evolved to include exceptions like the good faith exception and inevitable discovery.
The USA PATRIOT Act
Expanded governmental surveillance powers, affecting civil liberties and rights against unreasonable searches.
The Future of the Fourth Amendment
Challenges emerge with technological advancements in surveillance methods and their legality.
Fifth Amendment Rights
Protects against compelled self-incrimination and ensures due process in legal proceedings.
Sixth Amendment Rights
Right to a speedy trial and an impartial jury, emphasizing fair legal representation.
Eighth Amendment Provisions
Defines boundaries for bail and punishment, highlighting the evolving interpretation of what constitutes excessive punishment.
Miscarriages of Justice
Approximately 0.5% of felony convictions are errors; focus on the causes of wrongful convictions, including eyewitness misidentification and prosecutorial errors.