2. Law and the Judicial Function
Chapter One

3. 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

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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

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

13. 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)

14. 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

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

16. How Judges “Make” Law
Apply Law
Interpret Law

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

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

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

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

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

22. 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

23. 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