Law and the Judicial Function Chapter One

Why Study Courts? Crime is News Court Decisions Affect Lives Gideon v. Wainwright (1963) United States v. Booker (2005) Inform Discussions of Crime and Crime Control

What is Law? A Written Body of Rules Created by the legislature Guides conduct Resolves disputes Maintains order

The Code of Hammurabi King Hammurabi of Babylonia Not earliest but broadest known written legal code Covered sexual behavior, property rights, theft, and acts of violence Established lex talionis

Two Opposing Perspectives The Consensus Perspective Society Stable, Integrated, Maintain Social Order Popular perspective among legal theorists Law is Basically Neutral Law Resolves Conflicts Law is Applied Equitably

Two Opposing Perspectives The Consensus Perspective Society Individuals and groups with sharply different interests Characterized by conflict and dissension Humanity is exploitive and duplicitous Capitalism is the root cause of evil Sociological Conflict Theory Karl Marx Settlement of Legal Conflicts Favor Ruling Class False Consciousness

What is the Relationship of Law to Justice? Not Identical Law in accordance with justice respects, cultivates, and protects dignity of all Only Through Law Can Justice Be Achieved

What is the Relationship of Law to Justice? The Rule of Law Not of Men Reichel (2005) Three irreducible events: Supremacy of certain fundamental values and principles Committed to writing, Processes hold the government to these principles and values Due Process

What is the Relationship of Law to Justice? Justice, the Law, and Packer’s Models of Criminal Justice Table 1.1 Packer’s Crime Control and Due Process Models

What is the Relationship of Law to Justice? The Crime Control Model Suppression of Criminal Conduct Efficiency Speed Finality Assembly line Plea bargaining Factual guilt

What is the Relationship of Law to Justice? Due Process Model Procedural Law Factual and Legal guilt Reliability Minimize Mistakes Obstacle Course

What is the Relationship of Law to Justice? An Illustration of the Models in Action Brewer v. Williams (1977) Brown v. Mississippi (1936) Nix v. Williams (1984)

What is the Relationship of Law to Justice? The Ongoing Battle In a Perfect World Equal interest in crime control and due process Not the case

Judicial Functions Settle disputes Make public policy decisions Interpret and apply statutes

How Judges “Make” Law Apply Law Interpret Law

Development of Common Law System Precedent Created by decisions Binding Issuing court Lower courts Same jurisdiction

Development of Common Law System Courts Do Not Always Follow Precedent Ignore Overrule

Development of Common Law System Courts Do Not Always Follow Precedent Table 1.2 – Examples of Supreme Court Decisions Overruled by Subsequent Decisions

Development of Common Law System Stare Decisis “Let the decision stand” Principle behind precedent Ratio decidendi Obiter dicta

Development of Common Law System Judicial Review Power to determine constitutionality Marbury v. Madison (1803)

The Role of Courts in the Criminal Justice System Adjudication Processing defendants The criminal trial process Limited and general jurisdiction courts at state level U.S. District Courts at federal level

The Role of Courts in the Criminal Justice System Oversight Appellate courts Due process followed by lower court(s) Police, prosecutor, defense attorneys, and corrections officials followed proper, constitutional procedure