Criminal Justice and the Legal
System
“Legal Rights & Responsibilities”
Sources of Law

Where do we get our laws from?
– “Statutory” Law – laws from statutes
– “Case” Law – based on Supreme Court
decisions
– “Common” Law – based on tradition
– The US Constitution also gives us law.
“Statutory” Law

Any law that is passed by a legislative
body is called a statute, or statutory
law.
 Congress, state legislatures and local
government all pass these kinds of
laws.
 They can be criminal or civil and
usually reflect what majority of
people would consider to be right or
wrong.
 Example: The law that says all
buildings have to have fire exits is a
statute.
“Case” Law

A source of law based on the
decisions and outcomes of
cases heard by the Supreme
Court

Landmark Supreme Court Case:
Gideon v. Wainwright (1963)
“Common” Law

Common Law is law
that is based on
precedent (ruling on
earlier cases) and
customs (tradition).

Example: having a jury
trial in front of a judge
is a part of common law.
Types of Laws

There are several different types of law
that affect Americans directly today that
help maintain a peaceful and orderly
society
– “Military” Law
– “Constitutional” Law
– “Criminal” Law
– “Civil” Law
– “Juvenile” Law
“Military” Law

Military Law governs the behavior of the men
and women that serve in the US Armed Forces.
 This law is supported by the Uniform Code of
Military Justice and addresses laws related to
desertion, treason, crimes of war, treatment of
prisoners, and the military trial process.
“Constitutional” Law

Based on the Constitution

Is the basis for much of what becomes “case”
law
“Criminal” Law

“Criminal” laws are
laws that seek to
prevent people from
deliberately or
recklessly harming a
person or someone’s
property.
Our Court System
American courts
operate on an adversary
system of justice,
meaning the courtroom
serves as an “arena” in
which lawyers for
opposing sides try to
present their strongest
case.
“Criminal” Cases
In these types of cases,
the government always
acts as the “plaintiff”
(the person bringing
the charges) and the
person being
charged/sued is the
“defendant”.
“Criminal” Law
Two types of Crimes:
– “Felonies”
– “Misdemeanors”
Felonies Crimes
“Felony” crimes are the most serious
crimes with the most serious consequences
(murder, rape, kidnapping, robbery, etc.)
Misdemeanor Crimes
“Misdemeanor” crimes are less serious and
often do not have very serious
consequences (vandalism, theft, traffic
violations, etc.)
Criminal Process

Once an arrest has
been made by law
enforcement, the
suspect will be
informed of his/her
rights.
– Video
Criminal Process
Suspects then appear
before the court in a
“hearing” to hear the
charges against them
and listen to the judge’s
decision on the next
step.
Criminal Process
At an “arraignment”,
suspects formally
hear the charges and
are asked to enter a
“plea”.
 They will enter
“guilty”, “not guilty”,
or “no contest (“I do
not wish to contend =
“nolo contendre”) –
does not dispute the
charge…

Criminal Process
During a criminal trial,
there are four steps:
1. Opening Statements
2. Testimony of
Witnesses
3. Closing Statements
4. Verdict (Outcome)
Step #1: Opening Statements

The first step of a criminal
trial is allowing both the
prosecution (State) and the
defense (the accused) make
an opening statement to the
judge and jury.
 This is where the jury gets
the “basics” about the case
and learns about the facts
they need to listen for.
Step #2: Testimony of Witnesses

The Prosecution and
Defense will call
witnesses to give
their testimony (or
give answers under
oath) in the case.
 These witnesses will
also be “cross
examined” by the
other side.
Step #3: Closing Statements
Near the end of the trial,
the prosecution and the
defense give their closing
statements which
summarize the
arguments made, the
testimony given and is
the final opportunity for
the attorneys to request a
favorable outcome from
the jury.
Step #4: Verdict

After the closing statements
have been given, the jury will
leave to deliberate, or discuss
and review the evidence and
facts that was presented.
 Once their reach a
unanimous decision, the jury
will return to court and read
their verdict (official outcome)
to court.
Criminal Process
Defendants are either
found “guilty”, are
“acquitted” (found “not
guilty”), or the judge
can declare a “hung
jury” (a “mistrial” is
declared by the judge)
Criminal Penalties
Criminal penalties are designed to:
– Provide punishment so the
criminal pays for the crime against
a victim or society
– Remove prisoners so they are not a
threat to society
– Deter criminals from committing
repeated crimes
– “Rehabilitate” criminals so they
can reenter society and become
productive members
“Civil” Law
“Civil” laws are for
disputes between people
or groups of people in
which no criminal laws
have been broken.
 Since there is no threat
to society, the state does
not take action.
 In other words, civil
disputes are
disagreements over
non-criminal matters.

“Civil” Law
When a civil case goes
to court, it is called a
“lawsuit”, which is a
legal action in which a
person or group sues to
collect “damages” (an
award of money) for
some harm that is done.
“Civil” Law

A case begins when a
“complaint” is filed (a
formal statement
naming those involved
and describing the
nature of the lawsuit)

Once filed, a
“summons” (a
document notifying the
defendant of the lawsuit
against them and an
order a to appear) is
sent by the court.
“Civil” Law

A defendant may
respond to the suit in a
“pleading” (complaint
and answer together).

“Discovery” is the name
of the process in which
lawyers for the plaintiff
and defendant check
facts and gather evidence
for the case
“Civil” Law

In an “equity”
lawsuit, issues are
resolved by a judge
based on the grounds
of fairness.

Judges often issue an
“injunction” (or a
court order
commanding a
person or group to
stop a certain action)
Legal Protections in the
U.S. Constitution

Rulings in court cases are
decided by written laws
and precedents of earlier
cases.
Legal Protections in the
U.S. Constitution
Citizens are protected
from the suspension of
their “Writ of habeas
corpus” is a court
order that requires
police to bring a
prisoner to court to
explain why they are
holding the person
Legal Protections in the
U.S. Constitution
Citizens are protected
from “Bills of
attainder” are laws that
punish a person
accused of a crime
without a trial or a fair
hearing in court.
Legal Protections in the
U.S. Constitution
Citizens are protected
from “Ex post facto
laws” are laws that
allow a person to be
punished for an action
that was not against the
law when it was
committed.
Legal Protections in the
U.S. Constitution
“Due process” is the
legal procedures
established when
dealing with the
accused.
Amendment Protection
Several of the
amendments of the
Constitution help
protect the rights of the
“accused”:
– Fourth
– Fifth
– Sixth
– Eighth
“Fourth Amendment”

This amendment protects
the rights of the accused
with no“unreasonable
searches and seizures”
 Law enforcement must
obtain a “search
warrant”
“Fifth Amendment”
This amendment protects
the rights of the accused:
–
–
–
–
Right of due process
No “double jeopardy”
No self incrimination
Right to a “grand jury”
“Sixth Amendment”

This amendment
protects the rights of
the accused by
granting legal counsel
(or a lawyer)

If the accused can
not afford one, the
state must provide
one.
“Eighth Amendment”

This amendment protects
the rights of the accused
by forbidding “cruel and
unusual punishments” or
“excessive bail”
– “Bail”
– video
Young People & the Courts
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video
Citizens under a certain age
are considered “juveniles”
(18 in most states)
Those who commit crimes
against society are
considered to be “juvenile
delinquents” (not old enough
for adult courts)
Laws that are applied
juveniles are called juvenile
law.
Young People & the Courts

Most crimes
committed by juveniles
are “misdemeanors”
(less serious)

However, juveniles do
commit “felonies”
(more serious).
Young People & the Courts

The primary goal of
the juvenile court is to
“rehabilitate” the
juvenile (or correct the
behavior) rather than
to punish.

These courts basically
handle “neglect” and
“delinquency” cases
Young People & the Courts
Many police departments
have officers who try and
“divert” these juveniles.
Young People & the Courts

While court trials for
juveniles are similar to
adults, they do NOT
have the right to a jury
trial.

The judge makes the
decision.
Young People & the Courts

The rights of juveniles
were established in the
1967 “In re Gault”
Supreme Court case
– video
Young People & the Courts
Unlike adult trials, the
identity of juveniles is
kept secret and the
criminal records of these
juveniles can be erased
(expunged) when they
reach adulthood.