Chapter 4 The Rule Of law Criminal Justice Presentation BY: Abria Johnson & Gabe Hagwood

Chapter 4The Rule Of lawCriminal Justice

Presentation

BY: Abria Johnson & Gabe Hagwood

1.Distinguish between criminal law and civil law?

Criminal law is a formal means of social control that involves the use of rules that are interpreted, and are enforeceable, by the courts or a political community.

Civil law is a means of resolving conflicts between individuals.


The violation of a criminal law is a crime and is considered an

offense against the state.

The violation of a civil law is a tort an injury, damage, or wrongful act

and is considered a private matter between individuals.


Legal purposes, a particular act may be considered an offense against an individual or the states or both.

Person who has committed act of assault maybe charged with a crime.


The payment in compensation in the civil case is not a punishment.

Criminal courts could also order the offender to pay restitution to the victim


There are two types of criminal law: • Substantive and Procedural


My answer!

Criminal law is a formal means of social control. Which Civil law mean of resolving conflicts between individuals, there are different means in both of these words..

2. Distinguish between substantive law and procedural law?

Substantive Law is the body of law that defines criminal offences and their penalties..

Procedural Law, sometime called adjective or remedial law, governs the ways in which the substantive laws are to be administered..


Substantive laws, which are found In the various Penal Codes, governs

what people legally may not do.

Substantive laws:Penalize MurdersRapeRobberyAnd other Crimes


Procedural law is concerned with Due Process Of Laws, or the right of people suspected of or charged with crimes.

Procedural Laws:Arrested Searched

InterrogatedTried

And Punished


My answer!

Both Substantive & ProceduralMeans the same thing they both

Can give the right of people suspected Of or charged with crimes

3. List five features of “good” criminal laws?

Politicality

An ideal characteristic of criminal law, referring to its legitimate source. Only violation of rules made by the state, the political jurisdiction that enacted the laws, are crimes.


Specificity

An ideal characteristic of criminal law, referring to its scope. Although civil law may be general in scope, criminal law should provide strict definition of specific acts


Regularity

An ideal characteristic of criminal law: the applicability of the law to all persons, regardless of social status.


Uniformity

An ideal characteristic of criminal law: the enforcement of the law against anyone who violates them, regardless of social status.


Penal Sanction

An ideal characteristic of criminal law: the principle that violators will be punished or at least threatened with punishment by the state.


My answer!

Ideally, good criminal laws should posses five feature: (1) Politicality, (2) Specificity, (3) Regularity, (4) Uniformity, and (5) Penal

Sanction.

4. Explain why criminal law is a political phenomenon?

Criminal law is the result of a political process in which rules are created human beings to prohibit or regulate the behavior of other

human beings.


Nothing is criminal in and of itself; only the response of the state makes it so.


This viewpoint probably comes from belief in the Biblical Story of Moses receiving the Ten Commandments form God on Mount Sinai.


However, as critical theorists are quick to point out, criminal law frequently promotes the

interests of some groups over the interests of other group.


The Criminal Law as divinely inspired, something that should not be questioned or

challenged.


My answer!Political Phenomenon is created by human

beings to regulate the behavior of other humans..

5. Summarize the origins of American criminal law?

England was populated by Anglo-Saxon tribes that regulated themselves through custom.


Norman Conquest, there were about eight large and relatively independent feudal

landholdings.


Particular interest to the eyre was the resolution of cases of sufficient seriousness as

to warrant the forfeiture was based on the feudal doctrine that the right to own private

property rested on a relationship..


A secondary responsibility of the eyre was hear common pleas, which consisted primarily of

disputes between ordinary citizens.


As the judges of eyre resolved common- plea disputes, they created precedents to be

followed in similar cases.


My answer!

The criminal law of the United States is, for the most part, derived from the laws of England

and is the product of constitutions and legislative bodies, common law, and, if

provided for by statute, some administrative or regulatory agency rules and decisions.

6. Describe the procedural rights in the Fourth Amendment?

The Fourth Amendment protects persons from unreasonable searches and seizures

(including arrests).


Under most circumstances, it requires that a judge issues a search warrant authorizing

law officers to search for and seize evidence of criminal activity, but the warrent can be issued only when there is probable cause..


In 1914, the Supreme Courts adopted the Exclusionary rule, which barred evidence seized illegally from being used in a criminal trail.


In 1961, the rule was made applicable to the states.


• Subsequent Supreme Court decisions have narrowed the

application of the exclusionary rule.

• The Fourth Amendment also protects person from warrantless

searches and seizures in places where they

have a legitimate right to expect privacy


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Chapter 4 The Rule Of law Criminal Justice Presentation BY: Abria Johnson & Gabe Hagwood