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.