Chapter 4 The Rule Of law Criminal Justice Presentation

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Presentation transcript:

Chapter 4 The Rule Of law Criminal 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.

1.Distinguish between criminal law and civil law? 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.

1.Distinguish between criminal law and civil law? 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.

1.Distinguish between criminal law and civil law? 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

1.Distinguish between criminal law and civil law? There are two types of criminal law: Substantive and Procedural

1.Distinguish between criminal law and civil law? 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..

2. Distinguish between substantive law and procedural law? Substantive laws, which are found In the various Penal Codes, governs what people legally may not do. Substantive laws: Penalize Murders Rape Robbery And other Crimes

2. Distinguish between substantive law and procedural law? Procedural law is concerned with Due Process Of Laws, or the right of people suspected of or charged with crimes. Procedural Laws: Arrested Searched Interrogated Tried And Punished

2. Distinguish between substantive law and procedural law? My answer! Both Substantive & Procedural Means 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.

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

3. List five features of “good” criminal laws? Regularity An ideal characteristic of criminal law: the applicability of the law to all persons, regardless of social status.

3. List five features of “good” criminal laws? Uniformity An ideal characteristic of criminal law: the enforcement of the law against anyone who violates them, regardless of social status.

3. List five features of “good” criminal laws? Penal Sanction An ideal characteristic of criminal law: the principle that violators will be punished or at least threatened with punishment by the state.

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

4. Explain why criminal law is a political phenomenon? Nothing is criminal in and of itself; only the response of the state makes it so.

4. Explain why criminal law is a political phenomenon? This viewpoint probably comes from belief in the Biblical Story of Moses receiving the Ten Commandments form God on Mount Sinai.

4. Explain why criminal law is a political phenomenon? However, as critical theorists are quick to point out, criminal law frequently promotes the interests of some groups over the interests of other group.

4. Explain why criminal law is a political phenomenon? The Criminal Law as divinely inspired, something that should not be questioned or challenged.

4. Explain why criminal law is a political phenomenon? 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.

5. Summarize the origins of American criminal law? Norman Conquest, there were about eight large and relatively independent feudal landholdings.

5. Summarize the origins of American criminal law? 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..

5. Summarize the origins of American criminal law? A secondary responsibility of the eyre was hear common pleas, which consisted primarily of disputes between ordinary citizens.

5. Summarize the origins of American criminal law? As the judges of eyre resolved common- plea disputes, they created precedents to be followed in similar cases.

5. Summarize the origins of American criminal law? 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).

6. Describe the procedural rights in the Fourth Amendment? 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..

6. Describe the procedural rights in the Fourth Amendment? In 1914, the Supreme Courts adopted the Exclusionary rule, which barred evidence seized illegally from being used in a criminal trail.

6. Describe the procedural rights in the Fourth Amendment? In 1961, the rule was made applicable to the states.

6. Describe the procedural rights in the Fourth Amendment? 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

6. Describe the procedural rights in the Fourth Amendment?