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Principles and Procedures of the Justice System

Principles and Procedures of the Justice System

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Principles and Procedures of the Justice System

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  1. Principles and Procedures of the Justice System Spring 2009 Week 1

  2. American Criminal Justice System • Operated by and through government • police • courts • corrections • all government agencies

  3. Criminal Justice System • Substantive Criminal Law • Criminal Procedure

  4. Criminal Law: Murder Burglary Arson Drug Offenses Etc. Criminal Procedure Investigative rules, I.e search and seizure Questioning Court Process Criminal Law v. Criminal Procedure*

  5. Introduction—Basic Concepts • Court System and Judicial Branch • Case Law • Federalism • Separation of Powers • Civil Law vs. Criminal Law

  6. U.S. Courts*

  7. CALIFORNIA COURT SYSTEM(www.courtinfo.ca.gov/courts/

  8. FEDERAL U.S. Constitution Federal Cases United States Codes Administrative Regs STATE State Constitution State Case Law State Codes U.S. Constitution and cases interpreting it Administrative Regs Ordinances Initiative Sources of Criminal Laws*

  9. Common Law/Case Law* • Common Law--Originally old English court decisisions • Precedent--Stare Decisis • “No common law crimes” today

  10. Case Law--Today* • Published decisions from appellate courts related to actual cases that have been tried and have been appealed • Stare Decicis (Precedent)--Once a factual dispute and legal question have been decided, similar cases must be decided in the same way

  11. Statutory Law (Codes) • U.S. Codes: Laws enacted by U.S. Congress and signed by President • California Codes: Laws enacted by state legislature or by voter initiative

  12. Case Law • CALIFORNIA CASE LAW • California Reports Cal. Or C. • Calif. Appellate Rep. Cal.App. • California Reporter Cal. Rptr • CITATION • People v. House (1970) 12 Cal.App.3d 756

  13. WRITE THE CITATION TO AN OPINION OF THE CALIFORNIA SUPREME COURT ISSUED IN 1969, IN A PROSECUTION AGAINST A DEFENDANT NAMED “BRADLEY, BEGINNING ON PAGE 80 OF VOLUME 1 OF THE THIRD SERIES OF CALIFORNIA REPORTS

  14. People v. Bradley (1969) 1 Cal.3d 80

  15. United States Supreme Court Case Law • U.S. United States Reports • S.Ct. Supreme Court Reporter • L.Ed. Lawyers Edition Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 (1963)

  16. Reading Cases • Note the deciding court • Note the year • Pay attention to subject headings • What was the nature of the dispute? (the “facts”) • How did the court resolve the dispute? (the holding) • Why did the court resolve the dispute the way it did? (the rationale)

  17. Federalism • As Americans we are subject to rule of two separate governments: • State and • Federal • Each government operates a criminal justice system

  18. Federal Criminal Justice System • Federal Crimes • examples • Federal police • Federal Courts • Federal prisons

  19. State Criminal Justice system • Unity of State and Local Governments • I.e. Drunk driving case • Police: city, county, state • Courts: state and county • Corrections: County and state