CJUS 2100 Crime and Justice in the United States Chapter 1
CJUS 2100 Crime and Justice in the United States Chapter 1 Cjus 2100
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This 5 page Class Notes was uploaded by Madison Notetaker on Wednesday September 21, 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 23 views. For similar materials see US Crime/ Justice in CJUS at University of North Texas.
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Date Created: 09/21/16
CJUS 2100 Let’s Talk Criminal Justice Chapter 1 Notes: A Brief History of Policing Crime Introduction o The defining difference between criminal law and all other forms of law is that criminal law attracts punishment. o Crimes are the actions that are brought by the state against an individual(s) in response to a formal disapproval of the individual’s action or inaction, the remedy for which is punitive- a fine, imprisonment, or loss of life. Crime also embraces a degree of seriousness that may be minimal- a misdemeanor or a felony. Crimes capture acts that may offend against the community’s sense of morality. Hammurabi o The Code of Hammurabi was created about 2200 B.C. The codes show a significant level of sophistication in terms of the rights of individual citizens. They also give us a point for future trial methods. o Vestiges of the code remained apparent for many centuries after the death of Hammurabi and can be seen in practice in the model of trial and punishment during the formation of the Common Law and the Civil Law with use of ordeals and purgation oaths and communal liability for criminal offenses conducted within the borough. Biblical Law o Biblical Israel’s system is recorded in the books of Exodus, Leviticus, Numbers, and Deuteronomy. Under Israelite law all crimes were an offense against God as recorded in the Mosaic codes drawn from the Ten Commandments delivered to Moses by God. The Hittites o The Hittites have provided us with a comprehensive body of treaties and legal documents. The society was highly stratified and legal rules reflected the status of slaves, serfs, and an aristocracy. In lieu of a death penalty, serious crimes were punished by way of slavery and hard labor. Greek Law o Best known legal system from ancient Greece is the Law of Athens. Athens is the city that today is associated with the birthplace of democracy, largely due to the leaders of Athens involving its citizens in some level of decision-making-the Assembly, the Council of 500, and the People’s Court. o Before the classical period of Athenian history the laws resembled those of ancient Israel and protection by the state was considered the most valuable asset available to a citizen. o Laws in relation to theft offenses bear greater similarity to the Israelite legal system. The influence of the Greeks upon the Roman legal system is apparent in a # of ways. CJUS 2100 Creation and use of magistrates o Fundamental feature of a state official taking control of the prosecution remained a mainstay of the Civil Law system. It took the Common Law system until the mid-18 century to bring cases on behalf of the state or the crown. Once the Athenian period became the dominant force in the legal system, oath taking became a normal feature of establishing guilt or innocence. This era saw introduction of juries. Roman Law o Influence of Roman Law still seen today- most notably within the Civil Law system of continental Europe and those countries influenced by the colonizing of continental European naitons. Significant association stems from use of the term “justice” taken from Emperor Justinian. o The Roman government (aka Republic) was based upon elected officials representing the people. Those in holy orders, alongside senators, equestrians, and teachers, were exempt from the requirement to appear before an ordinary tribunal when answering a criminal charge. Crime as a Legal Construct o Crime may be a legal construct, an act punishable by law, or it may be a social construct that is variable depending upon the norms and moral values of a given group of people. Criminal Justice in early England o The Common Law o France, Germany, and the rest of Europe kept closer ties with the Roman tradition and the system of law that developed in these countries included more references to the Roman legal tradition than to the Common Law. We call the codified legal system of Europe the Civil Law. In the past 200 years, some countries that operated on an individual legal system have modified their provision to now be a codified system that resembles the Civil Law. Examples include Russia and Japan. o Europe- reliance upon the Roman Law means that a minimum of 2 eye witnesses are needed to secure a conviction. o Difference between England and remainder of Europe- church law in England was increasingly becoming a separate body of law, whereas in Europe canon law informed the development of the main body of laws. Eventually Common and Civil Law took on different features. Both influenced the establishment of law in the United States, particularly in Louisiana and a number of Southwestern states. The Influence of William I o William I was keen to see an end to violence as they deprived the King of control over the legal system, and a loss of life was viewed as a CJUS 2100 waste when that person might be needed to serve the King in peacetime or in a future battle. o William I introduced Trial by Battle. Also created the King’s Court, the curia regis, at which, like his forefathers in France, he periodically sat personally to administer justice. Introduced term “constable” to England. o Decisive move William I made during his reign was to divide church & state through the establishment of church courts with separate jurisdiction from the secular courts. Spilling of Blood & Benefit of Clergy o By 13 century, church removed itself from any legal procedures that required a cleric to participate in bloodletting. Determined to reform clerical abuses that had grown, Pope Innocent III instigated the meeting of the Fourth Lateran Council in 1215, the result of which was to effectively abolish trial by ordeal. o Benefit of Clergy established with the conversion of Emperor Constantine to Christianity when he pronounced that clerics should join the list of protected persons who should not be subject to the ordinary courts in Rome. o Psalm 51 aka “neck verse” as it saved the neck of someone reciting it. Circuit Courts & Juries o Henry II created circuit court system, increased the role of royal judges, and formalized the 12-member jury system. Henry II can be credited with having an influential and positive role in the formation of the Common Law- a legal system that would become the most widely adopted in the world. Torture & Pressing o Pressing was known as peine forte et dure, a French term meaning pain, hard and long. o The reason for using torture was to force an accused person to admit to being guilty, and in doing so to eliminate the need for further evidential proof. o Hanging was the most common force of execution. Rogues, Vagabonds, and Crime Waves: The Late Middle Ages o Use of death penalty increased exponentially across Europe throughout the late Middle Ages and the early modern era. Prisons were rarely used other than for debtors. o 1 prison to open in England was located on Fleet Street, London. Believed to be established in the 12 century. o Henry VIII was responsible for early editions of codification of English Law when he caused the writing of the Acts of Supremacy in 1534. Criminal Justice Arrives in America o Women, in common with England and continental Europe, always received special treatment in law- treatment that invariably involved humiliation and had sexual connotations. CJUS 2100 Bride’s Scold: device that literally held a woman’s tongue in place. o William Penn famously challenged the familiarity of the Common Law and was rebuked for his audacity in doing so. 1670- William Penn stood trial for illegally preaching in the streets of London. The Birth of Policing o Napoleon recognized the need for a strong police force for 2 primary reasons: Nation needed stability Napoleon needed an efficient police force if much of his time was to be spent abroad conducting military campaigns. The Enlightenment Movement o Led towards Romanticism as the philosophical thinkers of the modern world embraced former Athenian and Roman ideologies. o William Blackstone attempted to make Common Law appear as a body of definable rules that could be written into a format similar to a code. Blackstone published his findings as part of a series of lectures at Oxford University commencing in 1765. These were titled “Commentaries on the Law of England”. They were, and remain, a resounding success and form the bedrock of all Common Law study. o Period of Enlightenment was catalyst for a revision of all the criminal laws across the modern world. Contemporary Criminal Justice o Today under the Common Law it is the lawyers who have real control of the proceedings. Lawyers have absolute right of audience and it is the lawyers who manipulate and test the law to bring about legal reform in lieu of the church and the knights of battle by wager. Without the lawyer our court rooms may not be so busy o To commit a crime is to engage in some action for which a governing entity can impose a penalty. Criminal law is considered to be Public Law due to the public nature of bringing a prosecution and imposing a sentence. Private Law: Actions brought by an individual to seek redress for a harm or a wrong. o Criminal Law seeks to prove that the defendant was guilty of an inaction, actus reus, and guilty of intentionally causing the hard that resulted from the action, mens rea. Summary o Civil Law & Common Law form the 2 largest bodies of law in use in the world today. Common law and another religion-based law, sharia law, are also important and both impact the lives of many millions of people as well. Quiz o To commit a crime implies that the offender has participated in an act that is more offensive or damaging to one individual person. True CJUS 2100 o It is often considered that the defining difference between criminal law and all other forms of law is that criminal law attracts punishment. This is true but is not an absolute. True o Crime embraces a degree of seriousness; minor crime and major crime are referred to as: Misdemeanors and Felonies o Most societies have developed a code of conduct from their origin and retained that code without amendments and additions. False o The Code of Hammurabi was created about: 2200 B.C. o From 668 onwards English Kings made extensive use of clerics to assist in trials. Truth-finding was achieved through the use of ____. Compurgatory oaths o In continental Europe the _____ laws played a significant role in shaping ecclesiastical laws and canon laws, as well as secular laws. Roman o The Common Law was for many centuries handed down through the decisions of judges. These decisions are known as: Ratio decendi o ______ was instrumental in having the codes of France rewritten and modernized and his work is still considered a leading example of clarity and order. Napoleon Bonaparte o Taking the lead from the Roman example, the villages and towns of Europe started a ____ system of protection. Vigilante and Night Watch o America not unsurprisingly followed the lead from _____ and followed the _____ law with varying degrees of exactness. Britain and the Common Law
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