happened about 1750 BC; referred to as “an eye for an eye”; included things like property rights and crimes associated with them; crimes like ownership, theft, sexual relationships and violence; this predates the christian bible and judaism by about 300 years; found in the bible under mosaic law.

he designed our prisons, a cost-benefit analysis; designed a lot of things.

jurisdictions in which the principles and precedents of common law continue to hold sway.

legislative, executive, and judicial branches; Legislative has most power.

rules and policies that government responsibilities of certain agencies.

Main Types:

crimes against the person (rape, assault, kidnapping, murder)

crimes against property (burglary, arson)

crimes against public order (DUI, disorderly conduct, loitering)

Drug offenses (usually fall under public order offenses) and white collar crimes are separated into their own.

“trial rights amendment” (speedy trial, public trial, impartial trial, right to counsel).

“punishment amendment” (excessive bail, excessive fine, cruel and unusual punishment).

law enforcement, order maintenance, and service.

U.S. relied on awarding city government jobs to people in return for political support.

Pendleton Act of 1883 established federal civil service -> jobs held on merit, not political view -> Wickersham Commission (1931) revealed brutality of police.

Community-oriented policing (COP) recognizes police as having non-crime responsibilities -> community representatives in decision-making process.

done by President LBJ; found that there was very poor education among police and not any standards.

-Federal Law Enforcement (i.e., military police (uniform code of military justice), Native American tribal police, civilian police (DEA))

-State Police (i.e., traffic enforcement, general criminal investigators, and special investigators)

-County Law Enforcement (i.e., sheriffs, constables, etc)

-Special Police

-Pass the following: written tests, oral tests, physical/psychological tests, drug-screening, pass background checks.

-Complete training: police academy, field training under supervision of an experienced office.

body of laws governing how things should be done at each stage of the criminal justice process.

police were looking for a fugitive and looked in her house and found illegal materials; court found that all evidence was found unconstitutionally.

convicted of drug and firearm possession, police had a warrant but didn’t follow correct procedures; there was an exception to the rule and the evidence could be used.

guy shouldn’t have been searched in the first place, but he was and they found a gun and drugs; there was an exception to the rule.

the right of police to search a person who has been arrested without a warrant.

a form of search and seizure of evidence that involves phone communication; now considered violating someone’s privacy without probable cause, their consent, or a warrant.

the police practice of using deadly force against a fleeing suspect, except when there is clear and present danger to the public; came about in Tennessee v. Garner in 1985.

-given knowingly and not as a consequence of lies/deception

-informed of his/her rights

-voluntary

-no threats can be used

-no torture or constructive force

-right to remain silent

-Anything can be used against use in the court of law

-You have the right to talk to a lawyer.

-arrest warrant issued by the court

-observed a violation of the law

-under exigent circumstances

-when they have probable cause to believe that someone has committed a crime.

-Adjudicate (to process) defendants
-Ensure entire criminal justice system is using fair procedures while enforcing the law.

the political division of jurisdiction into two separate systems (i.e., federal and state).

body of law concerned with the definition, regulation, and enforcement of rights in noncriminal cases in which both the person who has the right and the person who has the obligation are private individuals.

established the court’s ability to trump state governments.

cases that refer to significant changes in the interpretation of the constitution.

authority of the supreme court based on agreement by its members that a case might raise significant issues and they can select the case for review.

1. Courts of Limited Jurisdiction: state courts of original jurisdiction that are not of court record.

2. Courts of General Jurisdiction: usually include general trial courts; most appeals come from this court.

3. Courts of Intermediate Appellate Jurisdiction: don’t have original jurisdiction; deals with issues of judicial error.

4. Courts of Last Resort: last effort to actually hear an appeal; similar to the supreme court; “state level supreme court”.

ndividuals such as a judge, prosecutor, and defense attorney that compose a traditional courtroom.

Most powerful and visible actors; involved in important decisions at all levels.

Functions: discretion, bail hearing, assign attorneys, accept guilty pleas, conduct misdemeanor trials, sentence defendants, conduct preliminary hearings, issue warrants, rule on admissibility of evidence.

often referred to as Article 3 Judges; nominated by presidents and confirmed by senate; no specific term/life tenure; distinguished law careers and/or strong political support; disadvantages: political ideology often overshadows qualifications and can’t be removed easily.

-make bail recommendations

-file charges against defendants

-conduct preliminary hearings

-grand jury proceedings

-file motion with judges

-plea agreements

-represent state at trial

-make sentencing recommendations

-work for U.S. Department of Justice

-U.S. attorneys are nominated by the president -> confirmed by the Senate

-Large amount of discretion with little-to-no oversight.

Gideon v Wainwright (1963)

Argersinger v Hamlin (1972)

Scott v Illinois (1979)

Bailiffs: responsible for maintaining order in the courtroom.

Court clerks: record keepers of the case files that come before the court everyday.

Court reporters: create a transcribed record of the proceedings while they are occurring.

Court administrators: responsible for supervising court staff and working with the judge on issues.

Victim advocates: assist victims when their cases are processed.

focus on felony issues.

when the court determines the charges against a defendant are legitimate.

“healing” the community as a whole, and trying to resolve the conflict at hand.

a person that works for the court that has the responsibility of investigating the background of a convicted person and any circumstances that surround the offence.

sentencing model where judges have near total discretion when sentencing an offender.

model of sentencing where an offender is sentenced to a fixed term of incarceration.

applying a strict set of full sentences for a particular offense.

The key difference is that there is a maximum given that you HAVE to give.

Focus on repeat offenders by trying to punish them more harshly.

application of mandatory sentencing to prevent repeat offenders; 3 strikes and you’re out.

the sentence of death for offenders for various crimes.

-Hanging

-Electrocution

-Gas chamber

-Firing squads

-Lethal Injection

9 states still offer electrocutions, 4 offer gas chambers, 3 offer hanging, 3 for firing squads, and 17 have more than one method.