Chapter 1 Historical Development of Law and the Justice System

Chapter 1Historical Development of Law and the Justice System • This chapter presents an overview of our justice system and describes the historical development of our laws and justice system.

Judicial Guidance • Judicial opinions construe • Constitutionality • Meaning • Effect of Constitutional Provisions and Statutes

Court Rules • Court rules • There are various standard procedures used by the courts. • Were developed as a result of the court’s inherent supervisory powers. • Regulate the guilt-determining process in areas not regulated by constitutions, other rules, and statutes.

Goals of the Justice System • Orientation goals • Pragmatic goals • Abstract goals • Standards Orientation goals • Standards

Orientation Goals • Generally oriented in one of two opposing directions: • Law and order • Stresses the need to solve the crime problem • Individual rights • Stresses the need to protect the individual’s rights

Pragmatic Goals • Preventing crime • Diverting crime • Deterring crime • Controlling criminals • Rehabilitating offenders

Foundational Concepts I • Bill of Rights directly restricts only the federal government. • Due Process Clause of the Fourteenth Amendment by selective incorporation applies most of the rights contained in the Bill of Rights to the states and local governments. • State constitutions may provide additional individual rights, but may not restrict the rights granted by the U.S. Constitution.

Foundational Concepts II • Our justice system is based on the adversarial process. • Charges in a criminal trial must be first formalized by an indictment or information • Prior to trial, both the prosecution and defense have certain rights of discovery and may submit pretrial motions.

Foundational Concepts III • Burden of proof in criminal proceedings • Who has the burden of proving an issue? • What is the magnitude of the burden? • Magnitude may be • Proof beyond a reasonable doubt • Clear and convincing • Preponderance of evidence

Evolution of Justice System • English common law • Colonists brought English traditions and concepts with them • Spanish and French influence

Purpose of Law • Guideline for human behavior • Inform individuals what is right and what is wrong • Encourage individuals to do what is right • Discourage individuals from doing what is wrong

Code of Hammurabi • One of first known attempts to establish a written code of conduct • Divided into five sections • Penal laws • Manual of instruction • Handbook of rights and duties • Set of regulations • Code of ethics

The Common Law of England • Originally a set of unwritten regulations and customs • Acted as guidelines for settling disputes • Later based on court decisions • Further enlarged by legislative enactments

Role of Common Law Today • States presently do not use it to establish what constitutes a crime. • Commonly used to interpret legislation.

Classification of Crimes • Felony • Permissible punishment includes confinement in excess of one year in a penal institution or death. • Misdemeanor • Permissible punishment includes confinement of one year or less in a jail.

Magna Charta • King John was forced to sign in 1215. • Forerunner of due process rights. • Guaranteed that no free man would be seized and imprisoned except by the judgment of his peers or by the law of the land.

Early Handling of Accused Persons • Outlawry • Blood feud • Atonement • Trial by ordeal • Trial by battle • Trial by compurgation

Establishment of Juries • Ninth century—Frankish kings used trustworthy people for inquests • Accusatory juries—developed in England during 12th century • By thirteenth century an important part of the justice system • Right included in Magna Charta in 1215

Bill of Rights • First ten amendments to U.S. Constitution • Individual rights were only included in the first nine amendments • The Bill of Rights contains 23 separate individual rights, including 12 procedural rights for persons accused of criminal behavior.

Hierarchy of the U.S. Court System

Venue • Difference between venue and jurisdiction? • Jurisdiction may not be waived. • Venue may be waived. • Venue • Geographic location of the court • Sixth Amendment—accused has a right to trial in the judicial district in which the crime was committed.

Jurisdiction • Inherent power of a court to hear and decide a case • Over the subject matter • Power to preside over certain issues granted to the courts by legislative enactments • Over the person • Usually obtained by having the individual before the court

Drug Courts • Special court designed to handle cases involving substance-abusing offenders • Developed at a local level • Approximately 1,500 drug courts in the United States • Offenders are treated holistically and reintegration into society is attempted

Chapter 1 Historical Development of Law and the Justice System