Criminology and the Rule of Law

The chapter begins by distinguishing surrounded by two types of legal philosophy. illegal virtue is a formal means of social control that uptakes rules, construe and enforced by the courts, to set limits on the leave of the citizens, to guide the officials, and to prepare unacceptable behavior. Civil honor is a means of resolving conflicts between individuals.It involves personal injury claims (torts), the integrity of contracts and property, and sketchs such as administrative jurisprudence and the regulation of popular utilities. The originator defines substantive law, procedural law and imputable attend of law. The text defines the five ideal features of good criminal laws. They include politicality, specificity, regularity, uniformity, and penal sanction. The origins of criminal law are explored with a brief memorial of law in England and the law of early America.The history of the common law in England is examined with its influence on American law. The issue of constitutional law is discussed. Other law such as administrative and regulatory law is presented. The chapter then enters into a broad discussion of rocedural law. It concentrates on the rights of the accused. The Bill of Rights is discussed as a prelude to the most important amendments in procedural law. The author then explains, in detail, the Fourteenth, Fourth, Fifth, Sixth and Eighth Amendments to the U. S.Constitution with corresponding case law citations and brief summaries. The Fourth Amendment deals with the issue of search and seizure. It reads The right of the deal to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, sh every last(predicate) not be violated, and no arrants shall issue, but upon probable cause, supported by Oath or affirmation, and in particular describing the place to be searched, and the person or things to be seized. The Fifth Amendment deals with the issues of self-incrimination.It reads No person sh all be held to answer for a capital, or otherwise notorious crime, unless on a presentment or indictment of a one thousand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of contend or public danger nor shall any person be subject for the same offence to be twice put in riskiness of ife or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due touch on of law nor shall private property be taken for public use without Just compensation.The Sixth Amendment deals with the issue of a right to an attorney. It reads In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial Jury of the State and district wherein the crime shall lose been committed which district shall have been previously ascertained by law, and to be nformed of the nature and cause of the accusation to be confronted wit h witnesses against him to have compulsory process for obtaining witnesses in his favor, and to nave the assistance ot counsel tor his detense.The Eight Amendment deals witn issue of deplorable and odd punishment It reads Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The chapter ends with a discussion of the many miscarriages of Justice. The legal system of the fall in States is unique in the world in the number of procedural rights that it rovides people suspected or accused of crimes. The primary reason for procedural rights is to nurse innocent people from being arrested, charged, and convicted, or punished for crimes they did not commit.One of the primary tenets of the American legal system is that a person is innocent until be guilty. The chapter deals with these issues and presents some alternatives for reform. Lecture Outline l. Two Types of rightfulness sorry Law and Civil Law A. sad law is one of two command types of law practiced in the United States (the other is civil law). Criminal law is a formal means of social control that involves the se of rules that interpreted, and are enforceable, by the courts of a political community.The function of the rules is to set limits to the conduct of the citizens, to guide the officials (police and other administrators), and to define conditions of deviance or unacceptable behavior. 1. all important(p) Law The body of law that defines criminal offenses and their penalties. 2. procedural Law Procedural law governs the ways in which the substantive laws are to be administered. B. deification Characteristics of the Criminal Law 1. Politicality Specificity 2. Regularity 3. Uniformity 4. Penal Sanction . Criminal Law as a Political Phenomenon C. . Origins of Law Englands Contribution to American Criminal Law Magna Carta a.Creating Criminal Laws in the United States D. 1. Constitution and legislative Bodies Common Law Precedent b. Stare De cisis Administrative or regulative Agency Decisions Interdependency among sources of legal authority . Procedural Law Rights of the criminate A. The Bill of Rights B. The Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants hall issue,