Week 2 Notes
Week 2 Notes CJS 102
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This 7 page Class Notes was uploaded by Abby Hamilton on Tuesday September 8, 2015. The Class Notes belongs to CJS 102 at Illinois State University taught by Dr. Cara Rabe-Hemp in Fall 2015. Since its upload, it has received 41 views. For similar materials see Individuals, Society, and Justice in Criminal Justice at Illinois State University.
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Date Created: 09/08/15
C15 102 Week 2 Notes Weisheit and Morn Chapters 57 Dr Cara RabeHemp Fall 2015 Natural Law a moral basis applicable to all societies Examples 0 The Declaration of IndependencequotinaIienable rights to life liberty and the pursuit of happiness 0 10 Commandments Issues 0 Interpretation ex is abortion murder 0 Loopholes ex murder is okay in self defense and war Rational Law a political process government created by people Three types 0 Common Law 0 Civil Law 0 Islamic Law Common Law Origins History 0 Comes from usage and customs of quotimmemorial antiquity or from the judgments and decrees of the courts recognizing affirming and enforcing such usages and customs o Comes from the people up Bottom up 0 Text book example England 0 Norman conquest 1066 0 William I quotWilliam the Conquer 1086 created precedence or Stare Decisis I Stare Decisis or Precedence looking back on a decision of a previous case to decide what to do with a current case equal punishment consistency 0 Religious Courts challenged royal courts 0 Showdown in 1170 where henchman of the king murdered Thomas a Becket a leading proponent of the church marked the end of the churches influence 0 quotKing s Peace national government based at Westminster 0 quot People s Peace very strong local government in the various counties and villages o The creating of the printing press 1400s allowed for law to be copied efficiently and read by everyone 0 quotKeepers of the Peace knights commissioned to keep the peace in local areas Principals 0 Judicial decisions set the framework for the development of most statues and statues don t achieve legitimacy after it has been tested court decisions 0 Legal guilt more important than factual guilt 0 Not a popularcommon form of law Equity 0 Equity system an appeal system to bring fairness o A remedy to an often deficient and unsatisfying of individual need in common law 0 Equity procedures help people bring grievances before a court without using complex law systems 0 Writs are documents ordering some element of government to do something 0 writ of mandamus requires public servants to do their jobs 0 injunction an order to prevent harm that would occur if a case went through the system 0 habeas corpus requires government to present someone to the court England s Law System 0 9 to 11 law lords in the House of Lords act as the supreme court of the land 0 Magistrates Court handles nearly all the criminal cases in England 0 Duties of Lord Chancellor 1 Participate in judicial appeals that reach the House of Lords 2 Recommends all appointments to the court 3 Performs day to day admin of the courts 4 Oversees the Legal aid system 5 Takes an active role in law reform o Solicitors Legal advisors to public prepares case Help write wills and contracts set up land and commercial sales deals with divorce 0 Barristers Present cases before the court argues it before the judge and jury The US and Common Law 0 NOT A PURE COMMON LAW COUNTRY o 10 Commandments starting point for so much common law in the united states 0 Court room style oratory and persuasion were more emphasized than knowledge of the law in American law training 0 University Law schools gave students grounding legal logic and principals an left the practical stuff to be learned on the job o Proprietary law schools quotSundown Schools Not connected to a university their entrance requirements were minimal and classes were conducted to students could hold down day jobs I Little focus on legal reasoning taught students to pass the local bar I Emphasized court room techniques and tactics o The US holds some similarities with pure common law 0 Precedence o Transcripts everything said in a court room is recorded by a stenographer 0 Laws Civil Law 0 Most wide spread form of Law Western Europe all of Central and South America many parts of Asia a few places in North America Louisiana Puerto Pico Quebec 0 Factual guilt more important than legal guilt 0 NO precedence 0 Works from the top down 0 Focused on listings of laws 0 LEGISLATION IS ONLY SOURCE OF LAW Examples 0 Code of Hammurabi 0 first ever example of civil law 0 282 legal causes carved in stone 0 Roman s 12 Tables 0 Not specific to criminal justice 0 After fall of Rome code still discussed 0 Corpus Juris Civilis o A codified and written Law by Emperor Justinian in Constantinople o Became sole authority on law for hundreds of years History 0 Napoleonic Code law put in to place by Napoleon after French Revolution Fundamental to civil law tradition O 0 Removed many religious laws 0 Antifeudal o Strict separation of power I Power taken from courts and lawyers and placed in the hands of people in legislatures O Codificationwritten laws became important I They were legit and binding because it was enacted and recognized by authority Roles o Judges Civil Servants They impact individual cases but NO Stare Decisis They can only use written law 000 They must graduate from a university take a state test attend a special school for prospective judges and be appointed a junior Judge without ever practicing law in court before 0 Legal Scholars 0 Look at the law in high levels of abstraction relegating the facts to a minor place 0 Very powerful I They mold and direct legal thinking 0 Advocates 0 Defense lawyers Civil Procedure 1 Preliminary Stage Pleadings are submitted and a hearingjudge instructing Judge appointed Evidence Taking instructing judge takes all evidence and prepares a summary written report 3 Decision making stage New judge considers report hears arguments and then renders a verdict Criminal Procedure 1 Investigative phase Large files or dossiers of evidence are compiled by the public prosecutor Examination Phase quottrial by file Examining judge determines if there is sufficient cause and evidence to continue to the next phase 3 Official Trial Judges seeking a fuller understanding of files of evidence ask questions of the defendant and witnesses 0 Because of quotPresumed guilt burden of truth shifts to the defendant 0 At least 3 judges 1main and 2 assistants and together they render a verdict France s Civil Law System 0 National Police vs National Gendarmerie 0 National Police police cities and towns with a population greater than 10000 0 National Gendarmerie Police cities and towns with a population of less than 10000 I Military police of French Army Navy and Air Force I Law enforcement for French territories over seas o Constitutional Council 0 Address complaints about elections 0 To determine the constitutionality of legislation passed by parliament 0 Court of Cassation o The highest court of Civil and Criminal appeals in France 0 Court listens to appeals on the interpretation of law by lower courts 0 Magistrates Debut o Prosecutors 0 They seek to achieve justice and serve the interest of society Islamic Law 0 Islam was formed in Mecca Arabia 622 AD Sources 0 Primary Sources 0 The Koran Qur an Holy book Like bible in Christianity 0 The Sunnah Words and actions of Muhammad main Prophet I The Shari a quotThe path to follow The laws of Islam 0 Secondary Sources 0 Consensus Unanimous agreement among Muslim scholars who represent varied opinions o Analogical Reasoning through this the law can adapt to new situations while remaining true to the spirit of the Koran and the Sunnah I In other words applies old law to new situations I Used on situations that were impossible in the time the Koran and Sunnah were written advancements in technology Categories of Criminal Acts 0 Hudud Offenses Crimes against God as outlined with punishments in the Koran and the Sunnah 0 Theft use of alcohol extramarital sex defamation slander Highway Robbery Apostasy voluntary renouncing Islam armed rebellion o Quesas Offenses Crimes against another person ex Murder 0 Personal matter between individualsfamilies the state is a neutral mediator o Punishments chosen by victim victims family I Compensation quotblood money I Retribution quoteye for an eye I Complete pardon o Ta azir Offenses Not listed in Koran left to discretion of a judge o Punishment used to reform and rehabilitate the offender Honor Killing o The practice of not punishing quota father or a teacher who kills a child in the course of correction 0 Killing of females who have harmed the family name by having sex outside of marriage or by marrying a man unacceptable to the father or male guardian o Is illegal in all countries but Islamic law authorities look the other way Criminal Procedure 0 Although Crimes and punishments are often very different from Western Justice systems the procedures followed to carry out the law have much in common in the Civil and Common Law systems 0 Strong sense of Privacy 0 Accused are innocent until proven guilty 0 Accused have a right to a fair and impartial trial present a defense to have an attorney and to appear before a competent judge o The Koran requires that everyone is treated equally before the law regardless of income or religion Muslim Vs NonMuslim 0 Gender does not apply I Women prohibited from being witnesses except in extramarital sex cases where 2 women1 man 0 NonMuslims can testify against NonMuslims but not against Muslims Defenses o Intoxication 0 Defendant didn t know the effects of intoxication o Infancy 0 Anyone under the age of 7 cannot form criminal intent o Insanity 0 Individuals inability to distinguish right from wrong 0 Coercion o Threatened or coerced in to committing a crime 0 Necessity o Harm prevented greater than harm caused 0 Mistake 0 Injuredkilled not held responsible o Damages property pay finecompensate victim o SelfDefense 0 Only used force necessary to stop the crime Islamic Judges 0 Known as qadi 0 Almost always Male 0 Knowledgeable about the shari a 0 Appointed by the ruler 0 Must be Muslim o Accountable to Allah o Protects the weak 0 Weak people who can t take care of themselves ex orphans mentally deficient 0 Court in held in a Mosque 0 Decisions can be appealed to Puller
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