CHAPTER 11: LAW AND DUE PROCESS

1. CHAPTER 11: LAW AND DUE PROCESS

2. Civil Law Private rights and individual relationships; Obligations; Responsibilities; Plaintiffs initiate suits; Remedy is relief or compensation Criminal Law Public Morality; Concepts of right and wrong; Public officials prosecute; Remedy is punishment Civil and Criminal Law Compared

3. Types of Civil Law, I • Common law – judge-made law, written or not based on precedents (prior cases) • The family is protected by civil law in Texas: • Common-law marriage is recognized and children are considered legitimate; • Texas is a community property state; • Titles to homesteads cannot be lost in a civil suit except to satisfy tax liens or types of loans

4. Types of Civil Law, II • Eminent domain – state and local governments may take private property for public purposes but must provide compensation: • Owners may sue governments to invalidate policies that devalue property by 25% or more; • An owner may gain ownership of another’s property through “adverse possession”

5. Types of Civil Law, III • Chartering corporations – corporations secure permission from the state to conduct their legitimate business: • Charters define structure, purpose, and activities; • Serve as legal persons who can sue, be sued, or be fined for criminal activity

6. Issues in Civil Law, IV • Tort reform – restrictions regarding such issues as frivolous lawsuits, limiting liability in civil cases, and capping jury awards especially regarding medical malpractice • Punitive damage – judgments in excess of actual damages that are intended to punish the defendant • No-fault insurance – insured persons collecting damages from their insurance company regardless of who is at fault in an accident

7. The Elements of Crime • The activities of the criminal justice system are primarily state, not federal, functions • A crime is an act that violates whatever an authorized body defines as the law • Types of crime include: • Felonies (serious crimes); • Misdemeanors (minor crimes)

9. The Criminal • Criminals are those who are unwilling to accept the mores the people who write the law: • Disproportionately young, poor, and members of racial or ethnic minority groups; • In 2005 males accounted for 90% of Texans arrested for burglary, 88% for robbery, and 79% for aggravated assault; • Minority group members are arrested disproportionately for crime; • Most violent crimes are committed by those who are on the fringe of society; • White-collar crimes include bribery, tax fraud, business fraud, price fixing, and embezzlement

11. The Victim • Outrage against crime is largely directed toward violent crimes such as murder, rape, and robbery • Victimless crimes are those whose primary victims are the criminals themselves • Victims have the right to be informed of investigations and court proceedings against the accused and have impact statements taken into account during sentencing

12. Law Enforcement • The state system of law enforcement was not planned for efficiency and coordination but evolved slowly as government reacted haphazardly to changing circumstances

13. State Agencies, I • The Department of Public Safety (DPS) considered to be the most important: • Director is appointed by the Public Safety Commission; • Several divisions dealing with vehicle inspections, collecting crime statistics, narcotics, intelligence; • The largest division is the highway patrol; • The most famous division is the Texas Rangers

14. State Agencies, II • The Alcoholic Beverage Commission – enforces state regulations regarding the manufacture, sale, and possession of alcoholic beverages • The Commission on Law Enforcement officer Standards and Education – sets minimum legal qualifications for peace officers and their training

15. Local Agencies • Up to 30% of total budgets for large cities and counties go to law enforcement • Texas state government spends only about 1% • The principal units are: • Sheriffs departments; • Constables; • City police

17. What the Police Agencies Do • Prevent crime • Detect crime • Enforcement of the law • Gather evidence • Arrest suspects • Detention

18. The Courts, I • The courts must blend two conflicting goals of society: • To protect society according to legal concepts of right and wrong; • To protect the rights of the accused individual

19. The Courts, II • After an arrest the suspect is jailed and an arraignment is held for the purposes of: • To explain the charges against the accused; • To remind the suspect of their rights (Miranda warnings); • To set bail; • To inform the accused of the right to an examining trial

20. Formal Charges • Felony cases are usually bound over to a grand jury for indictment after arraignment: • Is there a prima facie case? • If so, then a true bill is issued by the grand jury; • If not, then a no bill is issued

21. Pretrial Hearings • After an indictment a defendant has the right to a second arraignment: • A district judge presides; • The defendant enters a plea; • The case is placed on the docket; • Motions are presented

22. Plea Bargaining • Most cases end in a plea bargain due to overcrowded dockets and limited staffs. The results may include: • Deferred adjudication; • Lighter sentences than what was possible at trial

23. The Trial • Texas provides for the right to trial by jury in every criminal case • If a jury trial is waived the presiding judge determines the verdict • If it goes to trial, then a jury is selected and an adversary system is used to determine guilt or innocence • Judges have great latitude in assessing penalties

24. Post Trial Proceedings • To protect a person from double jeopardy, an acquitted person cannot be tried again for the same offense: • Prosecutors may appeal the reversal of a verdict by a higher court; • Defendants may appeal guilty verdicts; • Appeals from county and district courts go to 1 of 14 courts of appeal; • Very few trials are appealed to the federal courts except in cases of violations of the U.S. Constitution or federal law

25. Juvenile Courts • Most due process is recognized except rights to bail, grand jury indictments, and a public trial • Juvenile proceedings are civil matters and records may be sealed from the public • Juvenile felony arrest warrants may be entered into statewide computers; • Children as young as 14 arrested for serious crimes may be tried as adults

26. Rehabilitation and Punishment, I • Texas jails and penitentiaries have several functions: • Punishment • Deterrence • Protection of society • Rehabilitation

27. Rehabilitation and Punishment, II • The Texas Department of Criminal Justice operates the systems of parole and imprisonment • The Board of Pardons and Paroles may recommend one of three types of clemency to the governor: • Full pardons; • Commutation; • Reprieve

28. Jails • Jails generally fail to rehabilitate due to: • Jails being operated by an elected official, the sheriff; • Jail staffs and facilities are designed to maintain custody, not rehabilitate; • Many in local jails serve time for crimes (gambling, prostitution, drunkenness) which are not amenable to rehabilitation in a jail