The Legal System

Types of Law There are several different types of law in the US criminal justice system. Statutory Law Civil Law Criminal Law Equity Law Public Law Administrative Law

Statutory Law Statutory law is written or codified law, “the law on the books” as enacted by a government body or agency having the power to make laws. Based on the constitution and precedents are set in appellate courts. The principle of recognizing previous decisions as precedents is called stare decisis.

Civil Law Civil Law deals with relationships between individuals (property, contracts). Formal means for regulating noncriminal relationships between individuals, businesses, agencies of government and other organizations. Contracts marriage divorce, wills, property transfers, negligence, and the manufacture of products with hidden hazards are all civil concerns.

Civil Law Individuals bring the suit to court. More concerned with assigning blame as opposed to establishing intent. In civil cases a “preponderance of evidence” is required to convict. Violations of civil law are generally punishable by fines.

Standard of Proof The standard of proof is the level of proof required in a legal action to convince the court that a given proposition is true. The degree of proof required depends on the circumstances of the proposition.

Standard of Proof Typically, most countries have two levels of proof: the balance of probabilities (BOP), called the preponderance of evidence in the US, beyond a reasonable doubt (commonly referred to as BARD), or just beyond reasonable doubt. In addition to these, the US introduced a third standard called clear and convincing evidence.

PREPONDERANCE OF THE EVIDENCE The level of proof required to prevail in most civil cases. The judge or jury must be persuaded that the facts are more probably one way (the plaintiff's way) than another (the defendant's).

Criminal Law Deals with offenses against an individual that are deemed offensive to society, causing the state to act as the plaintiff by bringing charges against the accused Misdemeanor – a minor crime, such as theft, minor assault and battery, or possession of small amounts of certain illegal drugs.

Criminal Law Felony – a major crime, such as murder rape, armed robbery, serious assaults, dealing illegal drugs, fraud, auto theft, or forgery. In criminal cases, “beyond a reasonable doubt” is required to convict. Violations are punishable by fines, incarceration, community service, life in prison or capital punishment.

Beyond A Reasonable Doubt The highest level of proof required to win a case. Necessary to get a guilty verdict in criminal cases. Part of jury instructions in all criminal trials, in which the jurors are told that they can only find the defendant guilty if they are convinced "beyond a reasonable doubt" of his or her guilt.

BARD Sometimes referred to as "to a moral certainty," the phrase is fraught with uncertainty as to meaning, but try: "you better be darn sure." By comparison it is meant to be a tougher standard than "preponderance of the evidence”.

Equity and Public Law Equity Law is remedial or preventative (injunction, restraining order). Public law is the regulation and enforcement of rights.

Administrative Law Administrative law is the dictated by the Internal Revenue Service (IRS), Social Security Administration, military, and health care industry.

Add this – Why do we collect evidence? To prove that a crime has been committed. To prove that a certain person(s) committed that crime(s). Isn’t it obvious that a crime has been committed? Not always.

Burglary (Old English Common Law) Breaking Entering Dwelling house Of another At night with the intent to commit a felony.

Burglary, Larceny, or Robbery? The criminal offense of breaking and entering a building illegally for the purpose of committing a crime. Larceny The unauthorized taking and removal of the Personal Property of another by an individual who intends to permanently deprive the owner of it. Robbery The taking of money or goods in the possession of another, from his or her person or immediate presence, by force or intimidation.

What are the steps in pursuing justice? Accused Bail Booked Crime Defendant Felony Fingerprinted Guilty Innocent Investigate Miranda rights Plea Probable Cause Prosecution Prosecutor Scene Trial Date Warrant 72 hours