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Law and Crime

Law and Crime. Chapter Two. Basis of Law. Basis of law is essentially Human Conflict. Law is a “body of rules” found in a variety of sources; statutes, constitutions, court decisions and administrative regulations. Law is enacted by public officials, judges, legislators, and executives.

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Law and Crime

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  1. Law and Crime Chapter Two

  2. Basis of Law • Basis of law is essentially Human Conflict. • Law is a “body of rules” found in a variety of sources; statutes, constitutions, court decisions and administrative regulations. • Law is enacted by public officials, judges, legislators, and executives. • Law is enacted in a legitimate manner. • Laws must have sanctions (punishments) to make it effective.

  3. Common Law • Body of laws basically originated and developed in England. • Henry II’s courts applied common customs of the realm vs local traditions • Based on English Court decisions as well as customs and usage. • Common law became the basis of Anglo-American Law.

  4. Characteristics of Common Law • The law is made by judges. • The law is based on the use precedent or stare decisis (let the decision stand). • Found in multiple sources.

  5. Constitutional Law • Law of a nation or state which addresses the organization and powers of government, and the fundamental principles which regulate the relations of government with its citizens... • The fundamental rules that determine how those who govern are selected, the procedures by which they operate, and the limits to their powers.

  6. Statutory Law • Written Law enacted by Congress or Legislative body of a state, county or city. • Example: Murder, rape, robbery, and terrorism.

  7. Administrative Regulations • Rules and regulations adopted by administrative agencies that have the force of law. • Administrative law: law that governs the duties and proper running of an administrative agency. • Examples: • State Boards • Licensing • Taxes • OSHA • EPA

  8. Judicial Law • Appellate Court Decisions • State and Federal Supreme Courts • Personal Injury cases/Torts • Procedural Matters • Evidentiary hearings

  9. Substantive Law vs Procedural Law • Substantive Law: Law that deals with the content or substance of the law, for example: the legal grounds for divorce. • Procedural Law: Law that outlines the legal procedures of process to be followed in starting, conducting, and finishing a lawsuit. • Substantive law creates legal obligations; essentially creates law. • Procedural law establishes the methods of enforcing those legal obligations.

  10. Presumption of Innocence • The “State” (Prosecution) has the “burden” of proving a defendant guilty of alleged crimes • Defendants are not required to prove themselves innocent • Guilt must be “beyond a reasonable doubt” • Civil cases have a “preponderance of the evidence” requirement

  11. Due Process • Due process is mentioned twice in the Constitution. • Fifth Amendment: “No person shall…be deprived of life, liberty or property without due process of law.” • Fourteenth Amendment:“No state shall deprive any person of life, liberty or property without due process of law”

  12. Bill of Rights • Bill of Rights: the first ten amendments to the U.S. Constitution. • Key amendments linked to criminal law • 4th: search and seizure. • 5th: right to remain silent. • 6th: right to attorney and jury. • 8th: prohibition against cruel and unusual punishment.

  13. Civil Law • Tort: a private or civil wrong, in which the defendant’s actions cause injury to the plaintiff or to property. • Contract: a legally enforceable agreement between two or more parties. • Property: legal right to use or dispose of particular things or subjects. • Inheritance: property received from a dead person, either by effect of intestacy or a will.

  14. Civil Law Continued… • Domestic Relations: relating to the home, the law of divorce, custody, support, adoption. • Remedy: vindication of claim of right. • Judgment: the official ruling of a court.

  15. Civil Suits (lawsuits) • Plaintiff: the person or party who initiates a lawsuit. • Defendant: the person or party against whom a lawsuit or prosecution is brought. • Damages: • Monetary • Compensatory • Punitive

  16. Civil Remedies • Declaratory Judgment • Judicial determination of legal rights, e.g., prisoners rights, etc. • Injunction • Court Order requiring action or restraint from action • Types of Injunctions Include: • Preliminary/Temporary • Permanent • Sanctions include fines or jail

  17. Civil Remedies to Fight Crime Civil suits against offenders: • Drug dealers • Drunk Drivers • Rape and sexual assault cases • Vindication • Asset Seizure Forfeitures • Sanctions against Gang activity • Community Policing efforts: abatement

  18. Civil Liability Against Criminal Justice Officials • Prison inmates suing prison administration, guards • Americans with Disabilities Act • Use of force cases • Employment related law suits

  19. Elements of a Crime • Corpus delicti: the body or substance of a crime, composed of two elements: the act and the criminal agency producing it. • Actus reus: the guilty act. • Mens rea: guilty state of mind.

  20. Legal Defense • A legally recognized justification for one’s illegal actions, or acceptance that an individual was not legally responsible for his or her actions. • Justifications vs Excuses. • Key element is Intent.

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