CJUS 2100 Week 2
CJUS 2100 Week 2 Cjus 2100
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This 5 page Class Notes was uploaded by Rachel Armour on Thursday September 8, 2016. The Class Notes belongs to Cjus 2100 at University of North Texas taught by Dr. Peter Johnstone in Fall 2016. Since its upload, it has received 108 views. For similar materials see US Crime/ Justice in Criminology and Criminal Justice at University of North Texas.
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Date Created: 09/08/16
Criminal Justice Survival Guide CJUS 2100 Week 2 Day 1: 9.6.16 Topics: Roman Law, Common Law, Civil Law, Protected Classes, Ordeals. Roman Law: We specifically focused on Rome’s influence in our current day law. Rome affected France and France affected us and we as a result have a hodgepodge of English Common Law along with French/European Civil Law. Roman Law is the foundation of Civil Law. Civil Law and civil law, however, are two VERY different things. Civil Law is the judicial system used in many parts of europe excluding England. It is based more heavily on the judge questioning the accused than our Common Law system where that job is delegated to attorneys. Common Law: We, as Americans, have a Common Law legal system like that of England. However, because we delightful Americans just love to take things from other cultures, our judicial system has hints of Civil Law that are not found in traditional Common Law. (This isn’t totally necessary but it’s good to know that here in Texas many of our rights and laws are also affected by Mexico.) As opposed to Civil Law, Juries and Judges play a very lax role in Common Law. Lawyers create cases and direct them towards the jury and the judge interferes on behalf of the Law. (Common Law has both criminal and civil court but civil court is still run under Common Law.) Civil Law: Many countries in Europe operate under Civil Law. In Civil Law, judges and juries are very active in questioning witnesses and the accused. As in Common Law, Civil Law has both civil and criminal court. Civil Law is known as the c odified legal system of Europe. (it would be good to know that for the test. ) Protected Classes: Certain ‘classes’ of people have either blanket immunity from prosecution or are protected from prosecution for certain crimes. Blanket immunity is given to children 10 and under. They can coldblood murder me, my mum, and my dog and they can walk free. (if you have ever worked with kids this age like I have you will know how truly terrifying this is and I pray to all sorts of gods that they never learn about this law.) * Clergy members used to be protected under blanket immunity but everyone started to claim they were a member of the clergy, it was this whole crazy story, just read the textbook if you want to know about it. Restricted immunity is given to: diplomats, presidents, congressmen (let’s just say politicians and make it easy, yeah?), people in the military, and mentally ill people. (actually mental illness might be a totalimmunity thing but I’m not positive.) Immunity in these categories is seen as a necessity because open discussion is needed for the making of laws and other government jobs. (that’s the official response but many of us, including the prof., say it’s because those who make the laws don’t want to be subjected to them.) Ordeals: (my fave part of discussion today) Ordeals were essentially trials/torture to determine innocence. All of these were based on the line of thought that Divine Intervention would save the innocent in ways that would have to be a miracle. There were many different types of trials but I’ll list a few popular ones: Boiling Oil: They would dunk your arm in a vat of boiling oil and wrap it up. If after three days your arm didn’t have a single mark on it you were innocent. People typically bribed the person in charge so that the oil wasn’t hot enough to do any damage. Water: People were waterboarded with the Ducking Chair™ but there was another version where they would dunk you in a river and if you drowned you were innocent and if you floated you were guilty and would then be executed. Trial by Combat: Just like in Game of Thrones, an accused had the right to a trial by combat. In TbC, the accused would either face off against an opponent or, if the defendant was a woman or physically unable, a champion was selected by the accused to fight for him/her. Battles were to the death. In the case that the defendant (or their champion) won they were pronounced innocent. If the defendant (or their champion) lost, they were guilty. In the case the the defendant’s champion lost, they too would be sentenced to death. * As a last footnote for today, if you committed suicide in the Middle Ages, you were buried at a crossroads so that God chose whether you went on to Heaven or Hell. in addition, Your family had to come to your burial and stab you in the chest with a wooden stake. (yes this was heavily influenced by Vampires. Day 2: 9.8.16 Topics: Curia Regis, Pope Innocent III and all the shit he caused, Other Stuff. Curia Regis: a.k.a. King’s Court. Basically, the king appointed judges to serve on his behalf and rule “his word”. This is where circuit judges came from; back then, judges would go out on circuit to surrounding areas and countries and administer the King’s justice. After 6 months of this, they would return to all the other judges and the king and compare notes to make sure they were administering the law equally everywhere. This is how Common Law was developed because a common rule would be established. Today, we still have circuit judges but, since they hated staying i hotels, we abolished their moving around to different counties and instead became established in one stable court. (they’re still called circuit judges though cause f#ck logic.) The king also established the use of Sheriffs and Constables. How it worked was say there was a Sherriff of all of a county but in that county multiple Constables would work for and report to the Sheriff to keep their areas safe. The word “Sheriff” comes from a anglo saxon bastardization of the french “Shire Reeve” = the person responsible for the protection of the county or shire. Constable, again damn the English speaking world, was most probably taken from the French Count de Stable = The person in charge of the King’s stables. (This was a very high position with a lot of responsibility. It is also important to note that with courts in these day’s jurors personally knew you and had detailed knowledge of the case at hand, quite unlike courts today. Pope Innocent III and all the shit he caused: So. Pope Innocent III of 1215 (yes, that is important.) decided he was gonna do some PR for The Big Man and JC. He told all his little clergy folk that they couldn’t be involved in any more ordeals (a.k.a. torture) because God didn’t like it (a.k.a. They were losing the People’s money and support.) Oh shit. What now? Europe used to have the Pope and Peeps™ backing them when they tortured people because *obviously* it was God who was really making the verdicts….right? Oh well, guess Civil Law is just gonna go full torture mode now. (and holy hell were they good at it.) they even tortured animals that were on trial. Witches got the worst treatment: sleep deprivation. They also snapped bones, waterboarded (also that was illegal, shame on you!), tied people’s hands behind their backs and hung them from their hands, and a great many other lovely things I’m sure. (To make the distinction, this was all separate from the Inquisition, which Another developement of William the Conqueror’s separation of church and state and that whole mess was showing up in clergy prosecution. Clergy members were now put on trial, but not punished; which led to dressing like clergy folk to escape punishment; which led to making clergy members read from the Bible (which only they could do because it was in Latin); which led to us common folk learning Latin; which led to a whole overthrow of the system and those in the clergy becoming equalized to us. This happened approx from 12151400. Other Stuff: Monks: they had to shave each other's heads to get that perfect bald patch which led to the invention of hospitals because they had to patch each other up so much! (hospital = hospitable french probably being hospitable) people with all sorts of illnesses would come to them. We inherited Roman culture of Night Watchman and Vigilantes. Nightwatch were like the Dad Friends™ walking around the city making sure everyone was Aokay. Vigilantes actually did not mean Ye Olde men in Ye Olde Spanx and capes; Vigilantes were people who put out fires (cause Brit houses were flammable as fuck.) it is currently unconfirmed if there were or were not capes involved but I think not, due to capes’ high flammability risk. Hue and Cry: if you or anyone in you town witnessed a crime it was your responsibility to raise the literal cry and gather up a posse to go catch the sonabich. If you didn’t catch him you had to have proof that you at least tried your gosh darndest or you would, as a town, have to pay a fine. That’s all for this week. As a final note, we have a quiz coming up so use the study guide
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