PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Chapter 1Historical Development of Law and the Justice

System

This chapter presents an overview of our justice system and describes the historical development of our laws and justice system.

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Judicial Guidance Judicial opinions

construe Constitutionality Meaning Effect of Constitutional Provisions and Statutes

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Court Rules Court rules

There are various standard procedures used by the courts.

Were developed as a result of the court’s inherent supervisory powers.

Regulate the guilt-determining process in areas not regulated by constitutions, other rules, and statutes.

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Goals of the Justice System

Orientation goals Pragmatic goals Abstract goals Standards Orientation goals

Standards

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Orientation Goals Generally oriented in one of

two opposing directions: Law and order

Stresses the need to solve the crime problem

Individual rights Stresses the need to protect

the individual’s rights

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Pragmatic Goals Preventing crime Diverting crime Deterring crime Controlling criminals Rehabilitating offenders

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Foundational Concepts I

Bill of Rights directly restricts only the federal government.

Due Process Clause of the Fourteenth Amendment by selective incorporation applies most of the rights contained in the Bill of Rights to the states and local governments.

State constitutions may provide additional individual rights, but may not restrict the rights granted by the U.S. Constitution.

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Foundational Concepts II

Our justice system is based on the adversarial process.

Charges in a criminal trial must be first formalized by an indictment or information

Prior to trial, both the prosecution and defense have certain rights of discovery and may submit pretrial motions.

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Foundational Concepts III

Burden of proof in criminal proceedings Who has the burden of proving an issue?

What is the magnitude of the burden?

Magnitude may be Proof beyond a reasonable doubt Clear and convincing Preponderance of evidence

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Evolution of Justice System

English common law Colonists brought English traditions and concepts with them

Spanish and French influence

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Purpose of Law

Guideline for human behavior Inform individuals what is right and what is wrong

Encourage individuals to do what is right

Discourage individuals from doing what is wrong

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Code of Hammurabi One of first known attempts to establish a written code of conduct

Divided into five sections Penal laws Manual of instruction Handbook of rights and duties Set of regulations Code of ethics

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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The Common Law of England Originally a set of unwritten regulations and customs

Acted as guidelines for settling disputes

Later based on court decisions Further enlarged by legislative enactments

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Role of Common Law Today

States presently do not use it to establish what constitutes a crime.

Commonly used to interpret legislation.

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Classification of Crimes

Felony Permissible punishment includes confinement in excess of one year in a penal institution or death.

Misdemeanor Permissible punishment includes confinement of one year or less in a jail.

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Magna Charta King John was forced to sign in 1215.

Forerunner of due process rights.

Guaranteed that no free man would be seized and imprisoned except by the judgment of his peers or by the law of the land.

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Early Handling of Accused Persons

Outlawry Blood feud Atonement Trial by ordeal Trial by battle Trial by compurgation

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Establishment of Juries

Ninth century—Frankish kings used trustworthy people for inquests

Accusatory juries—developed in England during 12th century

By thirteenth century an important part of the justice system

Right included in Magna Charta in 1215

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Bill of Rights First ten amendments to U.S. Constitution

Individual rights were only included in the first nine amendments

The Bill of Rights contains 23 separate individual rights, including 12 procedural rights for persons accused of criminal behavior.

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Hierarchy of the U.S. Court System

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

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Venue Difference between venue and jurisdiction? Jurisdiction may not be waived. Venue may be waived.

Venue Geographic location of the court

Sixth Amendment—accused has a right to trial in the judicial district in which the crime was committed.

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Jurisdiction Inherent power of a court to hear and decide a case Over the subject matter

Power to preside over certain issues granted to the courts by legislative enactments

Over the person Usually obtained by having the individual before the court

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Drug Courts Special court designed to handle cases involving substance-abusing offenders

Developed at a local level Approximately 1,500 drug courts in the United States

Offenders are treated holistically and reintegration into society is attempted