Upload
drmarjie12
View
252
Download
0
Embed Size (px)
Citation preview
SOC 3880 – Criminal Justice
Criminal Justice
CHAPTER 3CRIMINAL LAW
AND THE CRIMINAL JUSTICE
PROCESS
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
3.1
3.2
3.3
3.4
3.5
Summarize the sources and development of law.
Describe the development of law and justice in America.
Summarize the elements of crime.
Summarize criminal defenses.
Define terms related to criminal law.
CHAPTER OBJECTIVES
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
3.6
3.7
3.8
3.9
3.10
Define procedural law and its sources.
Summarize the key rights of defendants.
Describe the pretrial steps and activities.
Explain the bail process and alternatives to bail.
Explain criminal court procedures.
CHAPTER OBJECTIVES
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Summarize the sources and development of law.
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
3.1
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Two Categories of Law3.1
Civil Criminalvs.
5
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Two Categories of Criminal Law3.1
Substantive Proceduralvs.
6
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Describe the development of law and justice in America.
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
3.2
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
4 Sources of American Criminal Law3.2
Administrative Regulations
Court DecisionsStatutesConstitutio
ns
8
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Criminal Law Arises from…3.2
Consensus Conflictvs.
9
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
3.2
The body of unrecorded decisionsmade by English judges in the Middle Ages, reflecting the values, customs, and beliefs of the period.
Common Law
10
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Summarize the elements of crime.
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
3.3
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
3.3
Elements of a Crime
Mens rea
Actus reusThe attendant circumstances/
causal link
12
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Summarize criminal defenses.
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
3.4
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Criminal Defenses3.4
Mental Illness
Competent to stand trial
Insanity defense
Force
Self-defense
Defense of others
Defense of property
Justification of
ExcuseDuress
Necessity
Mistake of fact
Ignorance of law
Entrapment
14
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Define terms related to criminal law.
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
3.5
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Define procedural law and its sources.
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
3.6
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Summarize the key rights of defendants.
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
3.7
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved18
3.7
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Describe the pretrial steps and activities.
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
3.8
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Pretrial Steps/Activities3.8
ArrestInvestigation
Law
20
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Explain the bail process and alternatives to bail.
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
3.9
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Pretrial Steps/Activities3.9
Information
Arraignment
Plea
22
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Explain criminal court procedures.
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
3.10
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Criminal Court Procedures3.10
Grand Jury Indictment
24
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
4 Alternatives to Pleas3.10
GuiltyNolo
contendere
No plea Not guilty
25
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Trial Formats3.10
Bench Trial Jury Trialvs.
26
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Verdicts3.10
Acquittal Convictionvs.
27
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
3.1
3.2
Today criminal law in the United States has four main sources: constitutions, statutes, court decisions, and administrative
regulations.
American criminal law is derived from British common law. Americans came to rely on tighter legal rules created by local
and state governments. This move toward regulating behavior by statute, rather than by court decisions, distinguishes American criminal law from its British
foundations.
The elements of crime include: mens rea, actus reus, and the attendant circumstances/causal links.3.3
The three main categories of criminal defenses are defenses related to mental illness, defenses related to force, and
justifications of excuse.3.4
See page 118 for Key Terms.3.5
CHAPTER SUMMARY
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
3.6
Procedural law is a very important part of the criminal justice process, because it specifies how people accused of crimes will be treated. As in substantive law (see Chapter 5), the
provisions of criminal procedure are guided by the principles of the U.S. Constitution.
3.7
Key rights of defendants include: Protection against reasonable searches and seizures, no warrants except upon
probable cause, a person shall not be compelled to be a witness against oneself, life, liberty, and property shall not be taken away without due process of law, and cruel and unusual
punishments shall not be inflicted.Pretrial steps and activities include: investigation, arrest and
booking.3.8
Bail is set at the initial appearance in order to ensure that the arrestee will appear in court for trial. An arrestee who posts
bail remains free pending the court appearance. Bail is posted in the form of cash or its equivalent, which is refunded when
the arrestee appears for trial. Most states allow judges to release suspects on their own recognizance. This means
that a judge can release a suspect pending trial after receiving the suspect's written promise to appear in court.
3.9
CHAPTER SUMMARY
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
3.10Criminal court procedures include: initial appearances,
preliminary hearings, grand juries, indictments, arraignments, trials, convictions, sentencing, and appeals.
CHAPTER SUMMARY