Chapter 3.ppt 1

SOC 3880 – Criminal Justice

[email protected]

Criminal Justice

CHAPTER 3CRIMINAL LAW

AND THE CRIMINAL JUSTICE

PROCESS

mailto:[email protected]

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved


3.1

3.2

3.3

3.4

3.5

Summarize the sources and development of law.

Describe the development of law and justice in America.

Summarize the elements of crime.

Summarize criminal defenses.

Define terms related to criminal law.

CHAPTER OBJECTIVES



3.6

3.7

3.8

3.9

3.10

Define procedural law and its sources.

Summarize the key rights of defendants.

Describe the pretrial steps and activities.

Explain the bail process and alternatives to bail.

Explain criminal court procedures.

CHAPTER OBJECTIVES



Summarize the sources and development of law.

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

3.1


Two Categories of Law3.1

Civil Criminalvs.

5


Two Categories of Criminal Law3.1

Substantive Proceduralvs.

6



Describe the development of law and justice in America.


3.2


4 Sources of American Criminal Law3.2

Administrative Regulations

Court DecisionsStatutesConstitutio

ns

8


Criminal Law Arises from…3.2

Consensus Conflictvs.

9


3.2

The body of unrecorded decisionsmade by English judges in the Middle Ages, reflecting the values, customs, and beliefs of the period.

Common Law

10



Summarize the elements of crime.


3.3


3.3

Elements of a Crime

Mens rea

Actus reusThe attendant circumstances/

causal link

12



Summarize criminal defenses.


3.4


Criminal Defenses3.4

Mental Illness

Competent to stand trial

Insanity defense

Force

Self-defense

Defense of others

Defense of property

Justification of

ExcuseDuress

Necessity

Mistake of fact

Ignorance of law

Entrapment

14



Define terms related to criminal law.


3.5



Define procedural law and its sources.


3.6



Summarize the key rights of defendants.


3.7

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved18

3.7



Describe the pretrial steps and activities.


3.8


Pretrial Steps/Activities3.8

ArrestInvestigation

Law

20



Explain the bail process and alternatives to bail.


3.9


Pretrial Steps/Activities3.9

Information

Arraignment

Plea

22



Explain criminal court procedures.


3.10


Criminal Court Procedures3.10

Grand Jury Indictment

24


4 Alternatives to Pleas3.10

GuiltyNolo

contendere

No plea Not guilty

25


Trial Formats3.10

Bench Trial Jury Trialvs.

26


Verdicts3.10

Acquittal Convictionvs.

27



3.1

3.2

Today criminal law in the United States has four main sources: constitutions, statutes, court decisions, and administrative

regulations.

American criminal law is derived from British common law. Americans came to rely on tighter legal rules created by local

and state governments. This move toward regulating behavior by statute, rather than by court decisions, distinguishes American criminal law from its British

foundations.

The elements of crime include: mens rea, actus reus, and the attendant circumstances/causal links.3.3

The three main categories of criminal defenses are defenses related to mental illness, defenses related to force, and

justifications of excuse.3.4

See page 118 for Key Terms.3.5

CHAPTER SUMMARY



3.6

Procedural law is a very important part of the criminal justice process, because it specifies how people accused of crimes will be treated. As in substantive law (see Chapter 5), the

provisions of criminal procedure are guided by the principles of the U.S. Constitution.

3.7

Key rights of defendants include: Protection against reasonable searches and seizures, no warrants except upon

probable cause, a person shall not be compelled to be a witness against oneself, life, liberty, and property shall not be taken away without due process of law, and cruel and unusual

punishments shall not be inflicted.Pretrial steps and activities include: investigation, arrest and

booking.3.8

Bail is set at the initial appearance in order to ensure that the arrestee will appear in court for trial. An arrestee who posts

bail remains free pending the court appearance. Bail is posted in the form of cash or its equivalent, which is refunded when

the arrestee appears for trial. Most states allow judges to release suspects on their own recognizance. This means

that a judge can release a suspect pending trial after receiving the suspect's written promise to appear in court.

3.9

CHAPTER SUMMARY



3.10Criminal court procedures include: initial appearances,

preliminary hearings, grand juries, indictments, arraignments, trials, convictions, sentencing, and appeals.

CHAPTER SUMMARY

Chapter 3.ppt 1

Education

Transcript of Chapter 3.ppt 1