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Chapter One Courts, Crime and Controversy

Explore the intricacies of the American criminal justice system, from the types of courts to the key actors involved, different types of laws, the Crime Control Model versus the Due Process Model, and the essential elements of criminal law. Gain insights into legal safeguards, rights of the accused, criminal procedure amendments, types of crimes, and legal defenses in American law. Discover how law is enacted and enforced, and the significance of protecting individual rights within the legal framework.

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Chapter One Courts, Crime and Controversy

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  1. Chapter OneCourts, Crime and Controversy

  2. Courts, Crime, and Controversy • How are Courts Related to the Rest of the Criminal Justice System?

  3. Courts, Crime, and Controversy • What are the major types of courts found in the United States?

  4. Courts, Crime, and Controversy • Who are the most important actors in the courthouse? • Prosecutors • Defense Attorneys • Judges • Defendants • Victims

  5. Courts, Crime, and Controversy • Steps in a typical felony prosecution? • Arrest • Initial appearance • Bail • Preliminary Hearing • Charging Decision • Grand Jury Action • Plea negotiations • Trial • Sentencing • Appeal

  6. Courts, Crime, and Controversy • Sources of law • Constitutions • Legislation • Regulations • Court Cases

  7. Courts, Crime, and Controversy • Law in Action • Discretion • Police • Prosecutors • Judges • Victims • Witnesses • Jurors

  8. Courts, Crime, and Controversy • The Crime Control Model and the Due Process Model of Criminal Justice

  9. Courts, Crime, and Controversy • The Crime Control Model • Citizens Rights • Individual Responsibility • Self-Control • Informal Fact-Finding • Impact of Courts

  10. Courts, Crime, and Controversy • The Crime Control Model • Individual Rights • Social Influences • Formal Fact-Finding • Rehabilitation

  11. Chapter Two:Law and Crime

  12. The Basis of American Law • The four key elements defining law • Law is a body of rules • Law is enacted by public officials • Law is enacted in a legitimate manner • Law is backed by the force of the state

  13. Common Law Heritage • The Three Key Characteristics • Judge-made law • Based on precedent • Found in multiple sources

  14. Judge-Made Law • Common law was predominately judge-made rather than created by legislatures • Modern criminal law is now defined by legislative bodies through enactment of codes

  15. Based on Precedent • Stare Decisis • Translated literally: “let the decision stand” • By following previous court decisions the system promotes fairness and consistency in judicial decision making

  16. Found in Multiple Sources • Sources of American Law • Constitutions • Codes or Statutes • Administrative Rules and Regulations • Court Opinions or Cases

  17. Constitutions • The fundamental rules which dictate that people will be governed • Create guidelines or rules for establishing that government

  18. Codes or Statutes • These are rules enacted by state or federal legislatures and are the product of the legislative process • Local government rules are often called municipal ordinances

  19. Administrative Rules and Regulations • Administrative agencies are created by and get their power to act from the legislature • Regulations have the ‘force of law’ the same way a legislative statute does and they are often interpreted by the courts

  20. Court Opinions or Cases • Appellate courts are still a very important source of American law • They are not ‘making’ law, rather they are ‘finding it’ • Constitutional law is still an area that is primarily judge-made

  21. Types of Law • Substantive Law: rules that create legal obligations • Procedural Law: establishes the methods of enforcing these obligations

  22. Why Utilize Safeguards? • Safeguards • Cross-examination • Presumptions and inferences • Burdens of proof • To prevent the harassment and conviction of the innocent • Maintain the respect and support of the community at large

  23. Rights of the Accused • Crime prevention must take place without the violation of individual rights and liberties • Key examples include: • The right to remain silent • The right to have a trial by jury • The right to counsel in criminal proceedings

  24. Criminal Procedure Amendments • 4th Amendment • 5th Amendment • 6th Amendment • 8th Amendment

  25. Types of Crime • Misdemeanor: less serious crime punishable by a fine and less than a year in jail • Felony: depending upon the state it is typically defined by the term or location of imprisonment (over 1 year, state prison v. county jail)

  26. The Five Elements of a Crime • Corpus Delicti: • actus reus – a guilty act is committed, with a… • mens rea – guilty intent and… • the guilty act and guilty intent are related • “attendant circumstances” • specific result

  27. Legal Defenses in American Law • Justifications • Excuse • Age (children)

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