Criminal Justice and the Law Chapter 1 and 2

Criminal Justice Criminal Justice is the structure, function, and decision making processes of agencies which deal with management and control of crime and offenders. The three components of Criminal Justice system: a) b) c) Cole, pg 14

Law and Order “In the criminal justice system, the people are represented by two separate yet equally important groups: the police, who investigate crime; and the district attorneys, who prosecute the offenders. These are their stories…”

What is Law? Rules and regulations made and enforced by government that regulate the conduct of people within a society

Mala in se vs Mala prohibita Cole, p 34

Purpose of Law Every society has recognized the need for laws to avoid chaos and confusion “Rule of Law” – the idea that citizens respect the power of the law and no one is above the law

History of Law Babylon- Hammurabi Roman Law The Ordeal Legis Henrici Common Law Magna Carta The Enlightenment The Bill of Rights/ Dec. of the Rights of Man

Laws and Values Laws Protect basic human rights Promote fairness Help resolve conflicts Promote order and stability Promote desirable behavior Represent the will of the majority Protect the rights of minorities

Types of Law Criminal: Civil:

Types of Criminal Law Criminal Substantive- Procedural- steps in the process Constitutional Statutory Case Law/ judicial decisions

Constitutional Framework Federal Supremacy Separation of Powers Checks and Balances Veto and judicial review Cole pg 7, 8

Statutory: Types of Crime Felony Misdemeanor Cole, pg 20, 21