Chapter 4
The Rule Of law
Criminal Justice
Presentation
BY: Abria Johnson &
Gabe Hagwood
1.Distinguish between criminal law and
civil law?
Criminal law is a formal means of
social control that involves the use of
rules that are interpreted, and
are enforeceable, by the courts
or a political community.
Civil law is a means of resolving conflicts
between individuals.
1.Distinguish between criminal law and
civil law?
The violation of a criminal law
is a crime and is considered an
offense against the state.
The violation of a civil law is a
tort an injury, damage, or wrongful act
and is considered a private matter
between individuals.
1.Distinguish between criminal law and
civil law?
Legal purposes, a particular act may
be considered an offense against
an individual or the states or both.
Person who has committed act of
assault maybe charged with a crime.
1.Distinguish between criminal law and
civil law?
The payment in compensation in
the civil case is not a punishment.
Criminal courts could also order the
offender to pay restitution to the victim
1.Distinguish between criminal law and
civil law?
There are two types of criminal law:
• Substantive and Procedural
1.Distinguish between criminal law
and civil law?
My answer!
Criminal law is a formal means of social control. Which Civil law
mean of resolving conflicts between individuals, there are
different means in both of these words..
2. Distinguish between substantive law
and procedural law?
Substantive Law is the body of law that defines criminal offences and their
penalties..
Procedural Law, sometime called adjective or remedial law, governs the ways
in which the substantive laws are to be administered..
2. Distinguish between substantive law
and procedural law?
Substantive laws, which are found
In the various Penal Codes, governs
what people legally may not do.
Substantive laws:
Penalize Murders
Rape
Robbery
And other Crimes
2. Distinguish between substantive
law and procedural law?
Procedural law is concerned
with Due Process Of Laws, or the
right of people suspected
of or charged with crimes.
Procedural Laws:
Arrested
Searched
Interrogated
Tried
And Punished
2. Distinguish between substantive law
and procedural law?
My answer!
Both Substantive & Procedural
Means the same thing they both
Can give the right of people suspected
Of or charged with crimes
3. List five features of “good” criminal
laws?
Politicality
An ideal characteristic of criminal law, referring to its
legitimate source. Only violation of rules made by the state,
the political jurisdiction that enacted the laws, are crimes.
3. List five features of “good” criminal
laws?
Specificity
An ideal characteristic of criminal law, referring to its
scope. Although civil law may be general in scope,
criminal law should provide strict definition of
specific acts
3. List five features of “good” criminal
laws?
Regularity
An ideal characteristic of criminal law: the
applicability of the law to all persons, regardless of
social status.
3. List five features of “good” criminal
laws?
Uniformity
An ideal characteristic of criminal law: the
enforcement of the law against anyone who
violates them, regardless of social status.
3. List five features of “good” criminal
laws?
Penal Sanction
An ideal characteristic of criminal law: the principle
that violators will be punished or at least
threatened with punishment by the state.
3. List five features of “good” criminal
laws?
My answer!
Ideally, good criminal laws should posses five
feature: (1) Politicality, (2) Specificity, (3)
Regularity, (4) Uniformity, and (5) Penal
Sanction.
4. Explain why criminal law is a
political phenomenon?
Criminal law is the result of a political process
in which rules are created human beings to
prohibit or regulate the behavior of other
human beings.
4. Explain why criminal law is a
political phenomenon?
Nothing is criminal in and of itself; only
the response of the state makes it so.
4. Explain why criminal law is a
political phenomenon?
This viewpoint probably comes from belief in
the Biblical Story of Moses receiving the Ten
Commandments form God on Mount Sinai.
4. Explain why criminal law is a
political phenomenon?
However, as critical theorists are quick to point
out, criminal law frequently promotes the
interests of some groups over the interests of
other group.
4. Explain why criminal law is a
political phenomenon?
The Criminal Law as divinely inspired,
something that should not be questioned or
challenged.
4. Explain why criminal law is a
political phenomenon?
My answer!
Political Phenomenon is created by human
beings to regulate the behavior of other
humans..
5. Summarize the origins of American
criminal law?
England was populated by Anglo-Saxon tribes
that regulated themselves through custom.
5. Summarize the origins of American
criminal law?
Norman Conquest, there were about eight
large and relatively independent feudal
landholdings.
5. Summarize the origins of American
criminal law?
Particular interest to the eyre was the
resolution of cases of sufficient seriousness as
to warrant the forfeiture was based on the
feudal doctrine that the right to own private
property rested on a relationship..
5. Summarize the origins of American
criminal law?
A secondary responsibility of the eyre was hear
common pleas, which consisted primarily of
disputes between ordinary citizens.
5. Summarize the origins of American
criminal law?
As the judges of eyre resolved common- plea
disputes, they created precedents to be
followed in similar cases.
5. Summarize the origins of American
criminal law?
My answer!
The criminal law of the United States is, for the
most part, derived from the laws of England
and is the product of constitutions and
legislative bodies, common law, and, if
provided for by statute, some administrative
or regulatory agency rules and decisions.
6. Describe the procedural rights in
the Fourth Amendment?
The Fourth Amendment protects persons from
unreasonable searches and seizures
(including arrests).
6. Describe the procedural rights in
the Fourth Amendment?
Under most circumstances, it requires that a
judge issues a search warrant authorizing
law officers to search for and seize evidence
of criminal activity, but the warrent can be
issued only when there is probable cause..
6. Describe the procedural rights in
the Fourth Amendment?
In 1914, the Supreme Courts adopted the
Exclusionary rule, which barred evidence
seized illegally from being used in a criminal
trail.
6. Describe the procedural rights in
the Fourth Amendment?
In 1961, the rule was made applicable to the
states.
6. Describe the procedural rights in
the Fourth Amendment?
• Subsequent Supreme Court decisions
have narrowed the
application of the exclusionary rule.
• The Fourth Amendment also protects
person from warrantless
searches and seizures
in places where they
have a legitimate right to expect privacy
6. Describe the procedural rights in
the Fourth Amendment?