Law and Due Process

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

Types of Civil Law Common Law Homestead Eminent Domain Right to Work Stare Decisis Probate Charter Slander Common Law Marriage Intestate Writs of Injunction Libel Community Property Real Property Closed Shop Tort

Issues in Civil Law Tort reform Punitive damage No-fault placed restrictions on lawsuits because some argued that society was going to court for frivolous reasons. Punitive damage judgments in excess of actual damages that are intended to punish the defendant. No-fault plan would allow an insured person to collect for damages from the individual’s own insurance company regardless or who is at fault in an accident. Under the present liability plan, it’s expensive to determine who is at fault.

The Elements of a Crime Federal offenses include crimes committed on the high seas committed on federal property, territories, and reservations involving crossing of state or national boundaries interfering with interstate commerce committed against the national government or its employees while they are engaged in official duties. Misdemeanors are minor crimes punishable by the county or a fine.

The Criminal Criminals often are FBI index crimes White collar crimes Young males poor, members of racial or ethnic minority groups with emotional and social problems. FBI index crimes Americans under eighteen account for 17% of crimes Murder and nonnegligent manslaughter, forcible rape, robbery, aggravated assault, burglary, theft and motor vehicle theft are measured. White collar crimes usually someone you don’t suspect like a business man or college professor committing crimes such as tax fraud, bribery, business fraud, price fixing and embezzlement.

Reasons for Crime Poverty Education Urban Life Drugs Gangs Drugs Single-parent households

The Victim Violent Crimes Nonvictim crimes Outrage against violent and property crimes is higher than towards white-collar crimes Nonvictim crimes Prostitution, drug possession, gambling are crimes where the primary victim is the criminal themselves. 50% of Texas murderers knew their victims More than half of the Texas murder victims were minority. Texas has experienced a decline in crime.

Law Enforcement Law enforcement takes actions to prevent crime. action to detect crime. Law enforcement is only able to make an arrest in about 22% of cases reported. Gathering of evidence by law enforcement must be done constitutionally. Probable Cause Exclusionary Rule Arrest and Detention Police may make arrests with or without a warrant depending on circumstances. Citizens may make arrests only for felonies. When an individual is detained by law enforcement he or she must be advised of their “Miranda”rights.

Law Enforcement Agencies State Agencies Department of Public Safety Public Safety Commission Alcohol Beverage Commission Commission on Law Enforcement Officer Standards and Education Local Agencies Sheriff Deputies Constables Police

The Courts The court must blend two goals: To protect society according to the state’s legal concepts To protect the rights of the individual

The Courts Due process legal procedures are essential to guarantee fair play before the government may deny a person life, liberty, or prosperity. Pretrial Court Activities The accused is presented before a justice of the peace or other magistrate. The purpose of this arraignment is to Explain the charges against the accused. Remind the suspect of the right to remain silent and to counsel and to request a written acknowledgement that the warning was given and understood. Set bail. Inform the accused of the right to an examining trial.

The Courts (cont.) The suspect is told the charges upon arrest, in the arraignment, and in several subsequent proceedings. Writ of Habeas Corpus a court order requiring that the prisoner be presented in person and legal cause shown for imprisonment. the accused has the right to counsel. Personal recognizance the defendants personal promise to appear. The accused has the right to an examining trial in felony cases

Formal Charges Pretrial court activities include such actions as arraignment, the setting of bail, a second reading of the Miranda rights, and establishing the right to legal counsel. A felony indictment requires action of a grand jury. Grand juries are made up of twelve ordinary persons who are responsible for felony indictments A petit jury is used in a trial court to determine guilt or innocence.

Pretrial Hearings This is a second arraignment before a judge The formal indictment is read and the accused enters a plea. If a guilty plea is entered, the judge sets a punishment date. Most defendants plead guilty at this point, and the case is placed on a docket. A variety of motions could be made: Continuance Suppression of evidence Insanity plea Change of venue

Plea Bargaining Most cases are finalized via plea bargaining. Deferred adjudication Trial v. Plea bargaining

The Trial A trial by jury could be waived. Texas provides a right to a trial by jury in every criminal case. If waived, the judge decides the verdict. During the voir dire, prospective are questioned. Peremptory challenge Strikes Adversary system The jury determines the issue of guilt, but sentencing may be made by either the judge or the jury. Punishment for those found guilty may include: fine, probation, deferred adjudication, incarceration, and death by lethal injection

The Trial: Procedural Guarantees Knowledge of the laws Evidence Compulsory process Charge to the jury Summary Hung jury Mistrial Probation Sentencing

Post Trial Proceedings To protect a person from double jeopardy, an acquitted person cannot be tried again for the same offense. In mistrial cases, another trial may be held. A person found not guilty of one offense may be tried for a related offense. The state may appeal the reversal of a guilty verdict. The defendant may appeal a guilty verdict. Appellate procedure is designed to review a lower court’s decision. If several procedural errors are found, the court may return the case to a lower court for retrial (not considered double jeopardy). Once all appeals are exhausted, the federal courts might hear the case if a constitutional violation is asserted. Juveniles are treated differently under state law.

Rehabilitation and Punishment Texas jails and penitentiaries have several functions: Punishment Deterrence Protection of society Rehabilitation recidivists

Rehabilitation and Punishment Texas Department of Criminal Justice Parole Clemency Board of Pardons and Paroles Full pardon Commutation Reprieve Texas Youth Commission Jails Failure of jails to rehabilitate: Jails are operated by an elected official, the sheriff. Facilities are designed to maintain , not rehabilitate. Many serving time are held because of gambling, prostitution, and drunkenness.