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Week 2
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Week 2 (September 2 (No School) and 4)
Sources of U.S. Law
Sources of Criminal Law: Constitutions
The highest form of law in the United States is the Constitution of the United States.
The constitution is not a source of specific laws or criminal prohibitions (although it does define treasons as a crime).
Instead it serves as a constraint on the police power of the government.
The constitution sets limits on the nature and extent of criminal law that the government can enact
It guards personal liberties by restricting undue government interference in the lives of individuals and implicitly ensuring personal privacy.
The bill of rights contains most of the constitution’s limits on the authority of the government to regulate people.
The Constitution imposes a number of specific requirements and restrictions on both the state and federal governments, and it protects individual rights in the area of criminal law. They include:
Limits on the governments police power
Limits on strict liability crimes
Protection against ex post facto laws
Protection against laws that are vague and unclear
Protection of free thought and free speech
Protection of the right to keep and bear arms
Freedom of religion
Freedom of the press
Freedom to assemble peaceably
Freedom from unfair deprivation of life, liberty, and property
Prohibitions against unreasonable searches and seizures
Protection against warrants issued without probable cause
Protection against double jeopardy in criminal proceedings
Protection against self-incrimination
Right to a speedy and public trial before an impartial jury
Right to be informed of the nature of the charges
Right to confront witnesses
Right to the assistance of defense counsel
Prohibition against excessive bail
Prohibition against excessive fines
Prohibition against cruel and unusual punishments
Guarantees of equal protection of the laws
Legislation: I.e., Statutes, ordinances, and regulations
Judicial Decisions: I.e., Common law
American Law Institute: I.e., The Model Penal Code
A model code of criminal laws intended to standardize general provisions of criminal liability, sentencing, defenses, and the definitions of specific crimes between and among the states.
The Model Penal Code was developed by the American Law Institute.
The Modern U.S. Legal System
Federalism
Federalism:
Refers to a system of government that has both local and national elements.
This is contrasted with unitary systems, which have only one national or centralized government, although regional or local subunits may exist.
“A federal system of government is one in which two governments have jurisdiction over the inhabitants.”
Under federalism, a central government coexists with various state and local governments.
Although federal jurisdiction has grown considerably since the Constitution was adopted, approximately 95% of criminal prosecutions still occur under state law and in state courts.
Most crime is investigated by state and local police agencies.
The Supreme Court’s decisions have enabled the federal government to expand its authority to meet contemporary problems, but within limits.
Separation of Powers
622544786814Executive
Legislative
Judicial
00Executive
Legislative
Judicial
069853 Branches of Government
003 Branches of Government
The Judicial Component: Entering Court
Civil Cases:
Private citizens or companies file a complaint. I.e., a lawsuit is brought.
Criminal Cases:
Governments indict and prosecute, or private citizens press charges.
The Judicial Component: Being Heard
Ripeness:
There must be a controversy at the moment.
Mootness:
The controversy must not be stale.
Political Questions:
Courts hold that an issue is best decided by another branch of government.
Standing:
Whether or not a specific person can bring a complaint. I.e., Must be an injured party.
The Judicial Component: Federal Court
Supreme Court (1 national)
Circuit Courts of Appeal (12 regional, 1 Federal)
District Courts (94 districts, each with Bankruptcy)
Special Courts (International Trade; Admiralty; Court of Military Justice; Federal Claims)
An Adversarial, Accusatorial, Due Process System
The Advocacy Model
Like other common law nations, the United States employs an adversarial and accusatorial system.
An adversarial, accusatorial system is like a contest in which the prosecution is pitted against the defense
VS.
An inquisitorial system is more like an ongoing inquiry with both the prosecution and the defense seeking the truth
Standards of Proof
51435-11171100
Deciders of Criminal Liability
Judges:
“Trier of Law”
Juries:
“Trier of Fact”
Final Thoughts: Limitations on Criminal Law
Limitations on Criminal Law
Jurisdiction
Cruel and Unusual Punishment
Due Process and Equal Protection
Right of Privacy
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