CRIMINAL JUSTICE SYSTEM OF ALABAMA CHAPTER 1 INTRODUCTION Copyright © 2016 Carolina Academic Press, LLC. All rights reserved.1

CHAPTER 1 INTRODUCTION THE FIRST ALABAMA CONSTITUTION, WRITTEN IN 1819, CONSISTED OF FIVE ARTICLES: 1.DECLARATION OF RIGHTS 2.DISTRIBUTION OF POWER 3.LEGISLATIVE 4.EXECUTIVE 5.JUDICIAL SEPARATION OF POWERS Copyright © 2016 Carolina Academic Press, LLC. All rights reserved.2

CHAPTER 1 THE POWER OF THE 1819 LEGISLATURE WAS ALSO IMMERSED IN THE WORKINGS OF THE JUDICIAL SYSTEM. THIS WAS THE FIRST IDEA OF A UNIFIED JUDICIAL SYSTEM WITHIN THE STATE OF ALABAMA. THE CITIZENS OF ALABAMA HAD NO SAY IN THE MAKEUP OF THEIR JUSTICES. THE LEGISLATIVE BRANCH OF THE GOVERNMENT PLAYED A GREAT ROLE IN THE JUDICIAL BRANCH OF GOVERNMENT. Copyright © 2016 Carolina Academic Press, LLC. All rights reserved.3

CHAPTER 1 THE LEGISLATIVE POWER WAS CONTINUALLY CONTESTED BY THE PEOPLE WHICH LED TO ALABAMA’S CONSTITUTION BEING CHANGED SIX TIMES BETWEEN 1819 AND ALABAMA CURRENTLY USES THE 1901 VERSION OF THE CONSTITUTION WHICH HAS 18 ARTICLES AND 827 AMENDMENTS. Copyright © 2016 Carolina Academic Press, LLC. All rights reserved.4

CHAPTER 1 THE 1901 CONSTITUTION CURRENTLY HAS MORE THAN 100,000 WORDS AND GROWS WITH ALMOST EACH STATE ELECTION, MAKING IT ONE OF THE LENGTHIEST STATE CONSTITUTIONS IN THE NATION.  LOCAL GOVERNMENTS ASK THE COMPLETE STATE FOR PERMISSION TO CHANGE LOCAL ISSUES.  CITY COURTS, MUST ASK THE STATE ELECTORATE FOR PERMISSION FOR SOME SMALL LOCAL CHANGE. Copyright © 2016 Carolina Academic Press, LLC. All rights reserved.5

CHAPTER 1  RETRIBUTION- THE IDEA THAT THE PUNISHMENT WILL EQUAL THE CRIME OR THE OFFENSE, ALSO CALLED LEX TALIONIS. THE OLDEST FORM OF RETALIATION AGAINST SOMEONE WHO HAS WRONGED ANOTHER. IN MODERN SOCIETY, THE RETRIBUTION IS OBTAINED BY USE OF THE GOVERNMENT, WHICH THEREBY CARRIES OUT THE WILL OF THE PEOPLE. Copyright © 2016 Carolina Academic Press, LLC. All rights reserved.6

CHAPTER 1  DETERRENCE THEORY- TO DETER THE OFFENDER AND OTHERS FROM BREAKING SOCIETAL LAWS. THIS THEORY ASKS FOR THE PAIN OF THE PUNISHMENT TO OUTWEIGH THE PLEASURE GAINED BY COMMITTING THE CRIME. BASES ITS IDEAS ON THE PREDILECTION THAT ALL PEOPLE HAVE FREE WILL AND THIS FREE WILL IMPLEMENTS A SORT OF HEDONISTIC CALCULUS, WHERE THE EVENTUAL PERPETRATOR WEIGHS THE PLEASURE SOUGHT VERSES THE PAIN OBTAINED. Copyright © 2016 Carolina Academic Press, LLC. All rights reserved.7

CHAPTER 1 THE DETERRENCE THEORY SUGGESTS THAT THE OFFENDER, WHO RECEIVED THE PAIN, WILL CEASE REOFFENDING. THIS THEORY ALSO HAS EFFECTS ON THE CITIZENS, WHO SEE THE OFFENDER RECEIVE THE PAIN. Copyright © 2016 Carolina Academic Press, LLC. All rights reserved.8

CHAPTER 1  GENERAL DETERRENCE THEORY- THE CITIZEN WILL NOT WANT PARTAKE IN THE SAME ACTIONS AS THAT OFFENDER TO KEEP FROM RECEIVING THE PAIN INFLICTED.  REHABILITATION THEORY- THE OFFENDER HAS SOME PROBLEM, BE IT BIOLOGICAL, SOCIETAL, PSYCHOLOGICAL OR A MIXTURE OF EACH THAT CAUSES HIM TO COMMIT CRIME. Copyright © 2016 Carolina Academic Press, LLC. All rights reserved.9

CHAPTER 1  A REHABILITATION SYSTEM ATTEMPTS TO REDUCE CRIME BY USE OF: COUNSELING AND/OR MEDICATION; REMOVING THE CRIMINAL FROM THE ENVIRONMENT; OR EVEN CONDUCTING MEDICAL OPERATIONS TO REMOVE PORTIONS OF THE OFFENDER’S BRAIN. Copyright © 2016 Carolina Academic Press, LLC. All rights reserved.10

THE FULL SET OF POWERPOINT SLIDES IS AVAILABLE UPON ADOPTION. FOR MORE Copyright © 2016 Carolina Academic Press, LLC. All rights reserved.11