Criminal Justice System Overview

Chapter 1: Nature, Origins, Purposes, Structure, and Operation of the Criminal Justice System

Chapter Objectives

  • State a basic definition of law.

  • Explain what distinguishes criminal law from other law.

  • Define common law.

  • State the principle of legality.

  • Explain what the Model Penal Code (MPC) is.

  • Describe the fundamental structure of the American criminal justice system.

  • Name the four basic police functions.

1.1 The Nature and Origins of Law

  • Types of Law:

    • Includes religious/moral values and government-created rules.

    • Federal, state, and local legislations; court decisions and regulations.

  • Emergence of Written Law:

    • First written laws appeared in Ur (approx. 5,000 years ago).

    • Hammurabi's Code (1792-1750 BC) was significant in legal history.

    • William of Normandy established circuit courts in England.

  • Common Law:

    • Developed through judicial opinions, focusing on public order, rather than victim harm.

    • Adopted and adapted by early American colonies.

1.2 Criminal Law in the United States

  • Influence of Historical Events:

    • Both the American and French Revolutions influenced reform in criminal law.

    • Prior to 1800, over 200 offenses were punishable by death in England.

  • Purpose of Criminal Law:

    • Aims to prevent and control crime.

    • Subjects of focus: what conduct to sanction, who to sanction, and the sanctions to impose.

  • Types of Criminal Law:

    • Substantive Criminal Law: Identifies necessary components for liability.

    • Procedural Criminal Law: Outlines how law is enforced.

  • Elements of a Crime:

    • Actus reus (unlawful act).

    • Mens rea (guilty mind/intention).

    • Concurrence of act and intent.

    • Harm must occur to person, property, or society.

    • Causal connection between act and harm.

1.3 Structure of the Criminal Justice System

  • System Perspectives:

    • Social system.

    • Legal rules body.

    • Administrative system - execution of the law.

  • Law Enforcement:

    • Central role of police as primary law enforcement agency.

    • Basic functions include: prevention, investigation, detection, and court preparation.

1.4 Operation of the Criminal Justice System

  • Federalism:

    • Authority is divided between state and federal systems.

    • Crime reports learned through various means: victim/witness reports, patrol, surveillance.

    • Majority of reported crimes remain unsolved.

  • Arrests:

    • Officers need probable cause to make an arrest.

    • Probable cause: evidence suggesting reasonable likelihood of a suspect's crime.

  • Pretrial Procedures and Issues:

    • Bail: Financial guarantee for court appearance.

    • Charging the Crime: Prosecutor files charges based on evidence quality.

    • Preliminary Hearing: Determines probable cause for prosecution.

    • Plea Bargaining: Most cases resolved this way to save time and resources.

  • Trial Process:

    • Right to trial by jury for crimes with potential sentences exceeding six months.

    • Procedure includes jury selection, opening statements, and closing arguments.

  • Post-Conviction Procedures:

    • Sentencing: Hearing decides penalties after trial.

    • Appeals: Grounds can include legal errors or evidence insufficiency.

    • Habeas Corpus: Legal action for prisoners to test the validity of their confinement.