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Criminal Justice Systems

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Criminal Justice Systems. Criminal. Law. 2. What is Law? ... conduct that is criminal even if no harm has occurred, but merely planned or ... – PowerPoint PPT presentation

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Title: Criminal Justice Systems


1
Criminal Justice Systems
  • Criminal
  • Law

2
What is Law?
  • Law is a formal system of rules and regulations
    by which society expects its members to abide
    (Bartollas and Braswell 1997112-113).

3
What is Criminal Law?
  • Restricts criminal behavior
  • Defines acceptable and unacceptable behaviors
  • Reflection of societys values

4
Nature of Law
  • Two sources
  • (1) Statutory Law
  • written law enacted by a governmental body
  • statutes that are passed by an elected
    representative body

5
Nature of Law cont
  • (2) Case Law
  • cases previously decided or ruled upon (Calvi and
    Coleman 200012)
  • built upon precedent
  • assurance that yesterdays cases will govern
    todays cases
  • predictability (Calvi and Coleman 200012)

6
Development of American Law
  • Code of Hammurabi
  • Importance to American Law
  • punishment more predictable

7
Development of American Law cont
Roman Law
  • Distinction between public and private law

8
Roman Law and Traffic Law Enforcement
  • Promoted rapid transportation and city designs
  • Grid System

9
Grid System
10
Highway System
Traffic Accidents Investigated
Weight Laws
Graded Roadway Surfaces
Banked turns for speed
11
Roman Law and Traffic Law Enforcement cont
  • The Three Es
  • Engineering
  • Education
  • Enforcement

12
Note of Historical Trivia
  • Americas First Fatality Accident
  • 1899--New York City
  • 10 mph

13
Development of American Law cont
  • English Influence
  • Common Law
  • judge-made law
  • precedent or principles of law
  • Distinction between offenses
  • felony
  • misdemeanor

14
Development of American Law cont
  • Magna Carta
  • laid ground work for due process of law
  • British citizens guaranteed certain rights

15
Development of American Law cont
  • U. S. Constitution
  • Final authority about our countrys criminal law
  • U. S. Supreme Courts interpretations
  • Natural Law
  • higher law verses lower, man-made law

16
Development of American Law cont
  • Rule of Law
  • society must be governed by established
    principles and codes
  • Purpose of Law
  • regulating and controlling human
    interactionsocial control

17
Criminal Law
  • Offenses committed against society, its members,
    their property and social order (Schmalleger
    2001127).
  • Kings Peace

18
Criminal Law cont
  • Substantive criminal law
  • defines crimes and specifies punishments
  • Procedural law
  • specifies the methods to be used in enforcing
    substantive law

19
Civil Law
  • Governs relationships between persons or parties
    in the course of private affairs
  • Seeks compensation
  • property or monetary damages

20
Civil Law cont
  • Who is liable or responsible
  • not guilt or innocence
  • Standard
  • preponderance of the evidence
  • A single incident can cause both civil and
    criminal actions

21
Administrative Law
  • Regulations controlling business and industry
  • individuals within those businesses and industries

22
Case Law
  • Judicial Precedent
  • historical interpretations of statutory laws
  • serves as guide to decision-making

23
Procedural Law
  • Process of law
  • how law is carried out as an individual moves
    through the various stages of the CJS

24
Important Point
  • Substantive law is concerned with the content of
    the law
  • Procedural law is concerned with the process of
    law

25
General Categories of Crime
  • Felonies
  • punishment of incarceration in prison for at
    least one year or death

26
General Categories of Crime cont
  • Misdemeanor
  • punishment by incarceration for one year or less
    in jail
  • Offenses
  • violation of criminal law
  • ticketable

27
General Categories of Crime cont
  • Inchoate Offense
  • conduct that is criminal even if no harm has
    occurred, but merely planned or attempted (Cole
    and Smith 199950).

28
General Features of Crime
  • A crime is legally proscribed, human conduct
    that is causative of a given harm, in which the
    conduct coincides with a blameworthy frame of
    mind, and is subject to punishment (Cole and
    Smith 199949).

29
General Features of Crime contThree connected
elements
Guilty Mind (mens rea) specific intent
Criminal Act (actus reus) violation of law
CRIME (concurrence)
30
General Features of Crime cont
  • Criminal Act
  • statute that clearly defines guilty act/behavior
  • includes failure to do certain things
  • child neglect

31
General Features of Crime cont
  • Guilty Mind (strict intent)
  • mental state of person
  • knowingly and willfully
  • must infer from persons actions

32
General Features of Crime cont
  • Guilty Mind (general intent)
  • persons state of mind not a factor in
    determination of guilt or innocence
  • traffic tickets

33
General Features of Crime cont
  • Causation
  • person must cause a particular result before
    liability is established
  • Harm
  • harm to some legally protected value

34
General Features of Crime cont
  • Legality
  • must be written down
  • Punishment
  • for an act to be criminal, MUST have assigned
    punishment

35
Standards of Proof
  • Preponderance of the evidence
  • civil cases
  • the weight of evidence, however slight, must
    favor the plaintiff's version of the dispute

36
Standards of Proof cont
  • Beyond a reasonable doubt
  • all possible alternative explanations for what
    happened have been considered and rejected but
    onethe one that concludes that the accused
    committed the crime for which he/she is charged
    (Calvi and Coleman 2000170-171)

37
Elements of Specific Criminal Offenses
  • The statutory minimum to convict a person of a
    crime
  • Corpus delicti
  • facts showing a crime has occurred

38
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39
Criminal Defenses
  • Alibi
  • Justification
  • Excuses
  • Procedural
  • Innovative
  • abuse
  • biological

40
(No Transcript)
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