1. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-1 Chapter 1 Historical Development of Law and the Justice System This chapter presents an overview of our justice system and describes the historical development of our laws and justice system.

2. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-2 Judicial Guidance Judicial opinions construe Constitutionality Meaning Effect of Constitutional Provisions and Statutes

3. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-3 Court Rules Court rules There are various standard procedures used by the courts. Were developed as a result of the court’s inherent supervisory powers. Regulate the guilt-determining process in areas not regulated by constitutions, other rules, and statutes.

4. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-4 Goals of the Justice System Orientation goals Pragmatic goals Abstract goals Standards Orientation goals Standards

5. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-5 Orientation Goals Generally oriented in one of two opposing directions: Law and order Stresses the need to solve the crime problem Individual rights Stresses the need to protect the individual’s rights

6. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-6 Pragmatic Goals Preventing crime Diverting crime Deterring crime Controlling criminals Rehabilitating offenders

7. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-7 Foundational Concepts I Bill of Rights directly restricts only the federal government. Due Process Clause of the Fourteenth Amendment by selective incorporation applies most of the rights contained in the Bill of Rights to the states and local governments. State constitutions may provide additional individual rights, but may not restrict the rights granted by the U.S. Constitution.

8. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-8 Foundational Concepts II Our justice system is based on the adversarial process. Charges in a criminal trial must be first formalized by an indictment or information Prior to trial, both the prosecution and defense have certain rights of discovery and may submit pretrial motions.

9. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-9 Foundational Concepts III Burden of proof in criminal proceedings Who has the burden of proving an issue? What is the magnitude of the burden? Magnitude may be Proof beyond a reasonable doubt Clear and convincing Preponderance of evidence

10. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-10 Evolution of Justice System English common law Colonists brought English traditions and concepts with them Spanish and French influence

11. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-11 Purpose of Law Guideline for human behavior Inform individuals what is right and what is wrong Encourage individuals to do what is right Discourage individuals from doing what is wrong

12. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-12 Code of Hammurabi One of first known attempts to establish a written code of conduct Divided into five sections Penal laws Manual of instruction Handbook of rights and duties Set of regulations Code of ethics

13. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-13 The Common Law of England Originally a set of unwritten regulations and customs Acted as guidelines for settling disputes Later based on court decisions Further enlarged by legislative enactments

14. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-14 Role of Common Law Today States presently do not use it to establish what constitutes a crime. Commonly used to interpret legislation.

15. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-15 Classification of Crimes Felony Permissible punishment includes confinement in excess of one year in a penal institution or death. Misdemeanor Permissible punishment includes confinement of one year or less in a jail.

16. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-16 Magna Charta King John was forced to sign in 1215. Forerunner of due process rights. Guaranteed that no free man would be seized and imprisoned except by the judgment of his peers or by the law of the land.

17. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-17 Early Handling of Accused Persons Outlawry Blood feud Atonement Trial by ordeal Trial by battle Trial by compurgation

18. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-18 Establishment of Juries Ninth century—Frankish kings used trustworthy people for inquests Accusatory juries—developed in England during 12th century By thirteenth century an important part of the justice system Right included in Magna Charta in 1215

19. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-19 Bill of Rights First ten amendments to U.S. Constitution Individual rights were only included in the first nine amendments The Bill of Rights contains 23 separate individual rights, including 12 procedural rights for persons accused of criminal behavior.

20. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-20 Hierarchy of the U.S. Court System

21. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-21 Venue Difference between venue and jurisdiction? Jurisdiction may not be waived. Venue may be waived. Venue Geographic location of the court Sixth Amendment—accused has a right to trial in the judicial district in which the crime was committed.

22. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-22 Jurisdiction Inherent power of a court to hear and decide a case Over the subject matter Power to preside over certain issues granted to the courts by legislative enactments Over the person Usually obtained by having the individual before the court

23. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 1-23 Drug Courts Special court designed to handle cases involving substance-abusing offenders Developed at a local level Approximately 1,500 drug courts in the United States Offenders are treated holistically and reintegration into society is attempted