Chapter
1: Overview
Introduction/Philosophies
Criminal Justice System: The loosely organized collection
of agencies charged with controlling crime.
More specific functions:
·
Protect the public.
·
Maintain order.
·
Enforcement of the law.
·
Identifying transgressors.
·
Bringing the guilty to justice.
·
Treating criminal behavior.
Components of the Criminal Justice System
1. Police
2. Courts
|
General Court Types
Lower courts
Superior courts (aka, circuit courts)
Appellate courts
|
Examples
Federal court system:
- U. S.
Supreme Court
- U. S. Courts of Appeals
- U. S. District Courts
Kentucky court system:
- Kentucky
Supreme Court
- Courts of Appeals
- Circuit courts
- District Courts
|
3. Corrections
Punishment
Sanction: A penalty or punishment that is imposed on a
person in order to enforce the law.
Objectives of Punishment:
·
Incapacitation
· Rehabilitation
· Deterrence
· Retribution/just
deserts
Rehabilitation: A punishment philosophy based on a belief
that the offender can and will change to a law-abiding citizen through treatment programs and facilities. General principles
include:
· Treatment
· Focus
on offender (concern for offender)
·
Counseling and prevention
· Build
schools, not prisons
· Oppose
death penalty
Deterrence: A punishment philosophy based on the assumption
that the acts of potential offenders can be prevented. General principles include:
· Focus on victim
(concern for victim)
· Effective law enforcement
· Restricted civil
rights
· Incapacitation
of criminals
· Death penalty
Two types of deterrence:
- Individual deterrence refers to the prevention of additional criminal acts on the
part of the specific individual being punished
- General deterrence refers to the presumed effect that punishing one offender will
have on other potential offenders
Retribution/just deserts/justice model: The belief that
those who commit crimes should suffer for those crimes; also the amount or type of punishment a particular offender deserves
to receive. General principles include:
· Equity
· Determinant sentencing
·
Abolish parole
Discretion
Discretion: The ability to make decisions, oftentimes limited
by certain parameters, guidelines, or rules (law). E.g., Police usually have discretion regarding arrest within certain limitations
imposed by law.
Criminal Justice Models
The Formal Criminal Justice Process Model: System is viewed
as a series of steps taking the offender from arrest through to reentry into society.
|
1.
Initial Contact
2.
Investigation
3.
Arrest
4. Custody
5. Charging
6. Preliminary hearing/grand jury
7.
Arraignment
8.
Bail or detention |
9.
Plea bargaining
10.
Trial or adjudication
11.
Disposition/sentencing
12.
Post conviction remedies- appeals
13.
Correctional treatment
14.
Release (via serve out, probation, parole, pardon)
15.
Post release
|
Informal criminal justice system: Involves a more cooperative
and less adversarial approach among parties and agencies
Wedding cake model:
1.
Celebrated cases
2.
Serious felonies
3.
Less serious felonies
4.
Misdemeanors
Criminal Law
Two Broad Categories of Law:
1.
Criminal law: Rules that govern relationships between people and the government. Main purpose is the
protection of the public. Defines crime, punishment, and procedures involving the criminal justice system.
2.
Civil law: All other law that is not criminal. Rules that govern relationships between individuals. Main
purpose is for compensation for harm to an injured party. Includes torts, contracts, property, maritime, and commercial law.
Two broad categories of criminal law:
1.
Substantive criminal law: The body of specific rules that defines what conduct is criminal and the punishment
for such conduct.
2.
Criminal procedure: Rules describing how the substantive law is to be applied and enforced. Includes
rules that must be followed while a defendant passes through the criminal justice system, such as:
- rules of evidence
- laws of arrest
- laws of search and
seizure
|
- questions of appeal
- right to counsel
|
Adversary system: The primary systems for settling disputes
in court in the United States. The accused is presumed to
be innocent. A defense attorney and a prosecuting attorney attempt to convince a judge or a jury of their versions of the
case. Two important components of the adversary system:
·
Due Process
·
Equal Protection
Due Process: The constitutional principle that a person
should not be deprived of life, liberty, or property without reasonable and lawful procedures that must be made available
in any criminal action, including post-conviction procedures such as prison disciplinary hearings or parole revocations.
Due process is basically fundamental fairness. Principles
generally associated with due process are:
|
· notice
of charges
· formal
hearing
· right
to counsel
· opportunity
to respond to charges
· opportunity
to confront and cross examine witnesses and accusers |
· right
against self incrimination
· opportunity
to present one’s own witnesses
· decisions
made on substantial evidence and facts produced at trial
· a
statement for the reasons for the decision
· right
to appeal |
Equal Protection: All persons under like circumstances
must receive the same treatment in the criminal justice system; they may not be discriminated against because of race, gender,
minority status, or religion.
Limitations on Criminal Law
Limitations are placed on criminal law through basic constitutional and procedural
avenues:
·
Due Process and equal protection
·
Adversarial nature
·
Prohibits vagueness
·
Prohibits cruel and unusual punishment (Eight Amendment)
Laws must meet three criteria:
·
They must give notice or warning
·
They must protect against arbitrary and discriminatory enforcement
·
They must not unreasonably deny other rights
Generally, these principles are covered in the U.S. Constitution and state constitutions.
“Separation of powers” affects the criminal
justice system by ensuring that no one branch can fully determine the fate of those accused of crimes.
Bill of Rights: First 10 amendments added to the Constitution
in 1791 that helps ensure protection of individual freedoms. Those most commonly associated with the criminal justice system
include:
· 4th
amendment- provides rights against illegal searches and seizures
· 5th
amendment- provides rights against self-incrimination and double jeopardy
· 6th
amendment- provides rights to speedy trial and to counsel
· 8th
amendment- provides protections against cruel and unusual punishment and excessive bail.
14th amendment applies Bill of Rights to states-
no state shall “deprive any person of life liberty, or property without due process of law.”
Sources/Types of Criminal Law
Main sources of criminal law:
|
· Constitutions
· Statutes
(Statutory Law)
· Court
Decisions (Case law) |
· Common
Law
· Administrative
Law
|
Common Law: Broadly defined, the legal theory and law that originated in England
and are common in the United States as well. More specifically
common law consists of the guidelines, customs, traditions, and judicial decisions that courts use in decision making. It
is contrasted to constitutions and written laws.
Historical background on common law:
1.
Prior to the Norman conquest- Anglo-Saxon law was decentralized.
2.
After the Norman Conquest (1066) and during the time of King Henry II, common law was established.
3.
Royal judges were appointed to travel along specific routes (circuits) and hold court. Their rulings
began to replace local custom and, therefore, “common” body of laws evolved nationally that formed the basis of
the American legal system.
4.
Prior to the American Revolution, common law was the law of the land. Afterwards, the Constitution was
developed and states began to incorporate the common laws into standardized legal codes.
5.
Today, crimes are defined primarily by statute.
Statutory law in Kentucky abolished common
law for criminal offenses:
500.020 Offenses defined by statute -- Common law abolished.
(1) Common law offenses are
abolished and no act or omission shall constitute a criminal offense unless designated a crime or violation under this code
or another statute of this state.
(2) This provision shall not
affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order
or a civil judgment or decree.
Effective: January 1, 1975
Related Link for Kentucky Statutory Law: http://www.lrc.state.ky.us/krs/titles.htm
Administrative Law: Rules and regulations made by agencies to which power has been
delegated by the legislature. Administrative agencies investigate and decide cases concerning potential violations of these
rules.
Crime
Definition of crime: The commission or omission of an act in violation of criminal
law prosecuted by the government for which a sanction or sentence may be imposed. Includes-
|
1.
A legal wrong (act or omission)
2.
Prohibited by law
3.
Prosecuted by the government |
4.
In a formal court proceeding
5.
For which a sanction or sentence may be imposed
|
Categories:
|
· Felonies
· Misdemeanors |
· Violations
· Other (e.g., juvenile
delinquency, persistent felony offenses) |
Misdemeanor: A crime for which the sanction is a fine and/or
incarceration for less than a year in jail.
Felony: A crime for which the sanction is incarceration
for a year or more in a penitentiary
Corpus Delicti: “Body of the crime.”
The corpus delicti is the elements of a crime.
Two categories-
· Actus Reus: “Guilty act.” The physical act (or omission) that constitutes
the crime.
· Mens Rea: “Guilty mind.” Describes the defendant’s mental state
(intent). E.g., intentional, knowingly, wantonly, recklessly.
Relationship between actus reus and mens rea needed
Strict liability crimes: Crimes for which mens
rea need not be established. E.g., traffic laws, narcotic possession, criminal trespass.
