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Introduction. The Rule of Law. English Roots of American Justice System. Key elements of the medieval tithing system. Definition:. tithing. Grouping together of 10 families. Requirements of Tithing. Obey the law. - PowerPoint PPT Presentation
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IntroductionThe Rule of Law
English Roots of American Justice System
Grouping together of 10 familiesDefinition:tithing
Requirements of TithingObey the law
Requirements of TithingKeep peace in their area
Requirements of TithingBring law violators to justice
Several hundreds made a Shire(Size of a county)
Shire was directed by a Shire Reeve or Sheriff
History and Structure of American Law
American law enforcement agencies have limited authority
Authority and Jurisdiction are determined by law
Authority and jurisdiction are determined at the federal, state & local levels.
JurisdictionA politically defined geographic area
JurisdictionThe right or authority of a justice agency to act in regard to a particular subject matter, territory or persons
JurisdictionThe right or authority of a justice agency to act in regard to a particular subject matter, territory or persons
JurisdictionDefines laws an agency is permitted to enforceDefines duties it is allowed to perform
Federal Agencies
Immigration and Naturalization Service INS (now known as ICE)
Drug Enforcement-DEA
U.S. Marshals Service
United States Secret Service
Internal Revenue Service
U.S. Customs Service
Bureau of Alcohol, Tobacco Firearms and Explosives
United States Postal Service
Top 4 Federal AgenciesUS CustomsINSIRSFBI
Substantive vs. Procedural Law
Substantive LawDefines criminal offenses and their penaltiesJAIL
Substantive LawDefines criminal offenses and their penaltiesJAIL
Procedural LawExplains how substantive laws are to be administered(due process)
The Administration of Justice
Dual Court System of the United States
United States Supreme Court Circuit Courts of Appeals District Courts
7-2:The Federal Court Structure
7-3:The Thirteen United States Circuits
State Court SystemState Systems vary by State
CaliforniaState Court System Supreme Court of Appeal Superior
The Court of Last Resort
United States Supreme Court Rule of Four Writ of Certiorari Writ of Habeas Corpus
State Court SystemFederal Court SystemU.S. District Courts
Ted Rubins 10 Purposes of Courts1. To Do Justice2. To Appear to do Justice
Ted Rubins 10 Purposes of Courts3. To provide a forum to resolve disputes4. To censure wrongdoing
Ted Rubins 10 Purposes of Courts5. Incapacitate convicted criminals6. Punish criminal offenders
Ted Rubins 10 Purposes of Courts7. Rehabilitate criminal offenders8. General deterrence of public by punishing criminal offenders
Ted Rubins 10 Purposes of Courts9. Determine legal status10. Protect citizens against arbitrary government action
Key Actors in the Court ProcessJudgeDefense AttorneyProsecutor
Powers of the Prosecutor Conduct final screening of case Decide to charge person with crime
Powers of the Prosecutor Decide whether to prosecute or not if decide to prosecute, they determine what the charge will be
Powers of the Prosecutor No prosecution decision is nolle prosequi, or nol. pros.
Prosecutors Conduct the final screening of all persons arrested Decide to charge or not
Prosecutors Decide to prosecute or not Decide what the charges will be
Prosecutors Decide whether to plea bargain or not Recommend the amount of bail in many jurisdictions
Why Prosecutors dont Charge
Why Prosecutors dont Charge
Offense did not cause sufficient harm Statutory punishment for a crime is too harsh for a particular offender
Criminal charge made for the wrong reasons Law is regularly violated with impunityNolle Prosequi
Nolle Prosequi Victim may refuse to testify Humanitarian considerations for victim or offender
Accused person cooperates in the apprehension and/or conviction of other criminalsNolle Prosequi
Accused is wanted for prosecution of a more serious crime in another jurisdictionNolle Prosequi
May be more cost effective to simply have the parole revoked and return offender to prisonNolle Prosequi
Defense AttorneysAccused has the right to the assistance of counsel for his defense
Determining Probable CauseSigning WarrantsResponsibilities
Informing suspects of their rightsResponsibilities
Setting and revoking bail Arraigning defendantsResponsibilities
Accepting guilty pleas Managing courtroom and staffResponsibilities
Ensuring a jury has a chance to reach a verdict on evidence presentedResponsibilities
Instructing jury on the law Imposing sentencesResponsibilities
Problems of Innocent people .
.wrongly accused of crimes
Inability to establish an alibiBeing identified by witness (wrongly)Inadequate representation
Inability to establish an alibiBeing identified by witness (wrongly)Inadequate representation
Amendments that apply to Criminal Justice System
no unreasonable searches or seizures
To deter the police...Exclusionary Rule
from violating peoples fourth amendment rightsExclusionary Rule
No double jeopardyNo self-incrimination
Grand jury indictment in felony cases
Speedy and public trialRight to counsel
Impartial jury of state and district where crime occurred
Notice of nature and cause of accusation
Right to confront witnesses
Compulsory process for obtaining favorable witnesses
No excessive bail and finesNo cruel and unusual punishmentinter
Standards of ProofMere suspicion
Standards of ProofReasonablesuspicion
Standards of ProofProbable cause
Standards of ProofPreponderance of evidence
Standards of ProofClear and convincing evidence
Standards of ProofProof beyond a reasonable doubt
Standards of ProofAbsolute certainty
Probable CauseFor an arrest to occur need
Probable Cause Tangible evidence that a crime has been committed
Probable Cause Belief that the person arrested committed the crime.
Probable Cause based on what a reasonable person would believe
United States Supreme Court test for determining...
.fourth amendment seizure(arrest)
surrounding the incident, a reasonable person would have believed that he was not free to leave.U.S. v. Mendenhall, 1980
Under MendenhallSituations that might be construed as seizures:
Under MendenhallThreateningpresenceof severalofficers
Under MendenhallDisplay of a weapon by an officer
Under MendenhallSome physical touching
Under MendenhallUse of language that indicates that...
Under Mendenhallcompliance with the officers requests is necessary
Probable cause for a legal searchSpecific objects are connected with criminal activity
Objects will be found in the place searchedProbable cause for a
Objects will be found in the place searchedProbable cause for a
Based on what a reasonable person would believeProbable cause for a
Fifth Amendment Protection against self-incrimination
Fifth Amendment Protection against self-incrimination
Fifth Amendment Right to a grand jury indictment in felony cases
Fifth AmendmentProtection against double jeopardy
Miranda WarningsRequired before questioning
Miranda WarningsRight to remain silent
Miranda Warnings Anything said can be used against the suspect in court
Miranda Warnings Right to the presence of an attorney
Miranda Warnings If suspect cannot afford an attorney, one will be provided
Sixth AmendmentRight to a speedy and public trial
Right to an impartial jury Right to be informed about the accusationSixth Amendment
Right to confront witnessesSixth Amendment
Sixth AmendmentRight to compulsory process for obtaining favorable witnesses
Sixth AmendmentRight to legal counsel
Sixth Amendments right to counsel extended to critical stages
Critical Stages Arraignment Plea-bargaining process Initial appearances First appeal when applicable
Critical Stages Proceedings after Grand Jury indictment Post-indictment police lineups Sentencing
Critical Stages Juvenile court proceedings when institutional confinement is a possibility Preliminary hearings
Critical Stages Misdemeanor when jail may be a sentence Psychiatric examination showing dangerousness in a death penalty case
Eighth AmendmentProtection against excessive bails
Eighth Amendment
Wrongful Convictions Eyewitness misidentification Police errors
Wrongful Convictions Prosecutor errors Guilty pleas by innocent defendants
Wrongful Convictions Community pressures False accusations
Wrongful Convictions Judicial errors, bias or neglect of duty Errors by medical examiners or forensic experts
Wrongful ConvictionsErrors in record keeping of criminals
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