This document provides an overview of comparative law and different legal traditions around the world. It discusses the importance of understanding legal systems other than one's own and describes some key features of the major legal traditions: common law, civil law, socialist law, and Islamic law. For each tradition, it examines historical origins, basic structural features like use of written codes versus precedent, adversarial versus inquisitorial procedures, and role of judicial review. Specific examples are given of legal systems from different countries and cultures to illustrate variations within the overarching traditions.
This document summarizes key aspects of criminal procedure law in the United States. It discusses the purpose of criminal procedure and its derivation from the due process clauses. It outlines the main sources of criminal procedure law and covers topics like search and seizure law, the right to counsel, Miranda rights during interrogations, pretrial identification procedures, the confrontation and compulsory process clauses, and the exclusionary rule. It provides an overview of these concepts in 3 sentences or less.
This document provides an overview of the history of racial minorities and the law in the United States. It discusses the legal history and treatment of African Americans from slavery through the civil rights era, American Indians from early contact through cultural assimilation policies, Asian Americans including the Chinese Exclusion Act and Japanese internment, Hispanics and the Mexican-American War, and analyzes how far racial equality has progressed. Key cases and laws that impacted minorities are summarized for each group.
This document discusses the role of law in social change through various examples. It covers several key points:
1) The Supreme Court has played an active role in social change in the US, both expanding federal power over states and protecting civil rights through landmark cases like Brown v. Board of Education.
2) The law has been used both to induce social change, as in the former USSR attempting to re-engineer society, and to resist it, as when 19th century courts protected business interests over workers' rights.
3) There is a debate around interpreting the Constitution as a static document requiring strict construction or as a living document allowing for new interpretations as times change. The Court's legitimacy and ability to
Criminal law prohibits harmful acts through statutes and common law. A crime requires an intentional act that violates the law, without defense or excuse. There are limitations on criminalizing conduct, including prohibitions on vague, overbroad, or ex post facto laws. For an offense to occur there must be a criminal act, intent, concurrence between the act and intent, causation of harm, and the harm. Defenses include justification, excuses, and procedural arguments like entrapment. Crimes are categorized as against persons, property, or public order. Crimes against persons include murder, rape, and aggravated assault.
This document provides an overview of feminist legal theory and the history of women's rights and representation under the law. It discusses how law has historically embodied patriarchal norms and been used as a mechanism of gender control. It outlines two major debates within feminist jurisprudence around reformist vs. radical approaches and views of gender sameness vs. difference. The document then examines the history of misogyny and the legal subjugation of women from ancient Greece and Rome through the Renaissance and Enlightenment periods. It details the struggle for women's suffrage and the gradual acquisition of some legal rights in the 19th century. Other topics covered include domestic violence, women's representation in the legal profession, and ongoing challenges of bias
Courts at both the federal and state level serve to interpret laws, clarify legal precedents, and ensure due process. There are typically four levels of courts - district/trial courts, appellate courts, supreme courts, and specialized courts. Federal courts hear cases involving federal law or where parties are from different U.S. states, while state court systems are organized differently in each state but generally have limited jurisdiction courts, courts of general jurisdiction, intermediate appellate courts, and a state supreme court. Key participants in the legal system include judges, prosecutors, and defense attorneys.
This document provides an overview of civil law, including its purposes of providing remedies for harm, managing social conflict, and restoring social harmony. It discusses the main categories of civil law and the civil litigation process. Key aspects covered include complaints, forms of redress, burdens of proof, appeals, and areas like torts, contracts, property, and family law.
Social control is necessary for peaceful coexistence and can take various forms, from direct and formal to indirect and informal. The law acts as a social control mechanism by establishing rules and enforcing them through punishment and deterrence. However, overreliance on formal legal controls can indicate a failure of informal social controls. While social control aims to regulate behavior, different philosophies of punishment prioritize retribution, rehabilitation, or deterrence. Ultimately, social control systems must balance order and individual rights to maintain legitimacy.
This document summarizes key aspects of criminal procedure law in the United States. It discusses the purpose of criminal procedure and its derivation from the due process clauses. It outlines the main sources of criminal procedure law and covers topics like search and seizure law, the right to counsel, Miranda rights during interrogations, pretrial identification procedures, the confrontation and compulsory process clauses, and the exclusionary rule. It provides an overview of these concepts in 3 sentences or less.
This document provides an overview of the history of racial minorities and the law in the United States. It discusses the legal history and treatment of African Americans from slavery through the civil rights era, American Indians from early contact through cultural assimilation policies, Asian Americans including the Chinese Exclusion Act and Japanese internment, Hispanics and the Mexican-American War, and analyzes how far racial equality has progressed. Key cases and laws that impacted minorities are summarized for each group.
This document discusses the role of law in social change through various examples. It covers several key points:
1) The Supreme Court has played an active role in social change in the US, both expanding federal power over states and protecting civil rights through landmark cases like Brown v. Board of Education.
2) The law has been used both to induce social change, as in the former USSR attempting to re-engineer society, and to resist it, as when 19th century courts protected business interests over workers' rights.
3) There is a debate around interpreting the Constitution as a static document requiring strict construction or as a living document allowing for new interpretations as times change. The Court's legitimacy and ability to
Criminal law prohibits harmful acts through statutes and common law. A crime requires an intentional act that violates the law, without defense or excuse. There are limitations on criminalizing conduct, including prohibitions on vague, overbroad, or ex post facto laws. For an offense to occur there must be a criminal act, intent, concurrence between the act and intent, causation of harm, and the harm. Defenses include justification, excuses, and procedural arguments like entrapment. Crimes are categorized as against persons, property, or public order. Crimes against persons include murder, rape, and aggravated assault.
This document provides an overview of feminist legal theory and the history of women's rights and representation under the law. It discusses how law has historically embodied patriarchal norms and been used as a mechanism of gender control. It outlines two major debates within feminist jurisprudence around reformist vs. radical approaches and views of gender sameness vs. difference. The document then examines the history of misogyny and the legal subjugation of women from ancient Greece and Rome through the Renaissance and Enlightenment periods. It details the struggle for women's suffrage and the gradual acquisition of some legal rights in the 19th century. Other topics covered include domestic violence, women's representation in the legal profession, and ongoing challenges of bias
Courts at both the federal and state level serve to interpret laws, clarify legal precedents, and ensure due process. There are typically four levels of courts - district/trial courts, appellate courts, supreme courts, and specialized courts. Federal courts hear cases involving federal law or where parties are from different U.S. states, while state court systems are organized differently in each state but generally have limited jurisdiction courts, courts of general jurisdiction, intermediate appellate courts, and a state supreme court. Key participants in the legal system include judges, prosecutors, and defense attorneys.
This document provides an overview of civil law, including its purposes of providing remedies for harm, managing social conflict, and restoring social harmony. It discusses the main categories of civil law and the civil litigation process. Key aspects covered include complaints, forms of redress, burdens of proof, appeals, and areas like torts, contracts, property, and family law.
Social control is necessary for peaceful coexistence and can take various forms, from direct and formal to indirect and informal. The law acts as a social control mechanism by establishing rules and enforcing them through punishment and deterrence. However, overreliance on formal legal controls can indicate a failure of informal social controls. While social control aims to regulate behavior, different philosophies of punishment prioritize retribution, rehabilitation, or deterrence. Ultimately, social control systems must balance order and individual rights to maintain legitimacy.
The document provides an overview of criminal justice systems around the world and in Pakistan. It discusses the adversarial system used in common law countries where two advocates argue their positions before an impartial judge or jury. It also describes the inquisitorial system used in countries like Germany and France where the judge plays an active role in investigating the case. The document then discusses the Mughal judicial system and its hierarchy of courts at the imperial, provincial, district, and local levels. It finally outlines the key organs of Pakistan's current adversarial criminal justice system: investigation, prosecution, judiciary, and corrections.
This presentation covers the main pointers to remember while studying the schools of criminology. Compiling together in simple language, I've created a friendly presentation to help you associate the school with its salient features.
*Please open in Microsoft PPT for high definition and best effects :)
The document discusses the rules of evidence in judicial inquiries under Qanun-e-shahdat. It defines Qanun-e-shahdat as the system of rules for determining factual questions in courts. The main objective of the Order is to prevent inconsistent admission of evidence by establishing a uniform practice. It aims to admit only relevant facts that assist in discovering the truth, rather than obscuring it. The key principles are that evidence must be limited to the matter at issue, the best evidence must be provided, and hearsay evidence should be excluded.
The document discusses search and seizure law under the 4th Amendment. It defines what constitutes a search and what is not considered a search, such as searches of open fields. It discusses the Supreme Court case Oliver v. United States, which established that individuals have greater privacy protections for their homes and curtilage than open fields outside curtilage. The document also discusses warrants, probable cause, and exceptions to the warrant requirement, such as exigent circumstances, searches incident to arrest, vehicle searches, and searches based on consent or items in plain view.
The document provides information and discussion questions about the defense of diminished responsibility in English criminal law. There are four key elements to the defense that must be proven: 1) abnormality of mental functioning, 2) recognized medical condition causing the abnormality, 3) substantial impairment, and 4) the abnormality must provide an explanation for the killing. The document examines cases that have helped define these elements and discusses debates around topics like the burden of proof, the role of intoxication, and proposed reforms to the defense. Students are prompted to consider application of the law to hypothetical scenarios and to critically analyze statements related to diminished responsibility.
This document provides an overview of criminal law in India. It discusses key topics such as the definition of a crime, categories of crimes, elements of a crime including actus reus and mens rea, investigation and trial procedures outlined in the Code of Criminal Procedure, and special laws dealing with certain crimes. The three main sources of criminal law in India are identified as the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act.
Miranda was interrogated by police for two hours without being informed of his constitutional rights against self-incrimination and to legal counsel, resulting in him confessing to the crimes charged. His confession was appealed on the grounds that his rights were violated, but the appeal was denied and his conviction upheld. The Supreme Court ultimately ruled 5-4 in favor of Miranda, concluding that defendants in custody must be informed of their rights before interrogation to protect against self-incrimination.
The document discusses several theories of female criminality:
1) The masculinization theory proposes that women engage in more serious violent crimes when they exhibit typically masculine behaviors due to empowerment. However, it cannot explain criminality in third world societies.
2) The opportunity theory suggests that increasing opportunities for women has reduced violent crimes but increased property crimes. However, data does not fully support the theory's relationship between opportunities and crime based on region, class, and employment.
3) The marginalization theory argues that the marginalized positions of many women in terms of low wages, jobs, class, and family victimization can lead them into criminality. It is considered more valid than other theories due to its reliance
The Fourth Amendment protects against unreasonable searches and seizures. It was incorporated against the states through the Fourteenth Amendment. There is no reasonable expectation of privacy in open fields, abandoned property, or areas impliedly open to the public. Searches generally require a warrant based on probable cause, though there are exceptions such as consent, exigent circumstances, and searches incident to arrest. Evidence obtained in violation of the Fourth Amendment is generally inadmissible due to the exclusionary rule.
The document outlines the key steps and concepts in criminal prosecution in India according to the Criminal Procedure Code and other relevant laws. It discusses classes of criminal courts, registration of FIRs, investigation and arrest procedures, production of the accused before courts, police reports and charge sheets, trial procedures for both warrant and summons cases, and concepts like bail, cognizance, and judgments. The document provides a comprehensive overview of the criminal prosecution process in India from the registration of an FIR through investigation, trial and final judgment.
The document summarizes and compares four major theories of female criminality: masculinization theory, opportunity theory, marginalization theory, and chivalry theory. The masculinization theory, proposed by Freda Adler, argues that women's increasing involvement in crime is due to their adoption of masculine traits and behaviors as traditional gender roles change. Opportunity theory, developed by Rita Simon, asserts that greater opportunities available to women lead to higher rates of property crimes. Marginalization theory, from Meda Chesney-Lind, posits that the marginal social status of many women in terms of low income, inadequate jobs, and family victimization pushes them towards criminality. Of the four theories discussed, the document argues that
Introduction to criminology lecture 1 module 1JEN PAN
Criminology is the scientific study of criminal behavior, including the causes, prevention, and impact of crime. It emerged in the late 1800s as part of prison reform efforts and has evolved into a multidisciplinary field. Criminologists study both psychological and sociological influences on criminal behavior in order to better understand and prevent crime. The modern study of criminology in the US developed over the 20th century through different phases, establishing criminology as its own academic discipline separate from criminal law.
Ernesto Miranda was arrested for kidnapping and rape and interrogated without being informed of his Fifth Amendment rights against self-incrimination or his right to an attorney. The Supreme Court overturned Miranda's confession in a 5-4 decision, establishing that individuals in custody must be informed of their Miranda rights before interrogation. This included the right to remain silent and the right to an attorney. The decision had a lasting impact by establishing Miranda warnings that must be given before questioning by police.
This document defines the key elements of crime under Canadian law. It outlines that a crime is any prohibited act or omission punishable by statute. There are typically four conditions for an act to be considered a crime: it is wrong by societal standards, causes harm, the harm is serious, and is handled by the criminal justice system. It also discusses the distinction between federal and provincial criminal laws. To convict someone, the Crown must prove the guilty act (actus reas) and guilty mind (mens rea) existed at the time of the offense. Mens rea can include intent, knowledge, criminal negligence, recklessness, or willful blindness. Strict and absolute liability offenses do not require proving mens rea.
There are ground rules to Search & Seizure. The 4th Amendment protects you from “unreasonable search and seizures.” The police may stop a vehicle when they have reasonable suspicion to believe a traffic offense has been committed, but they must follow certain rules. If you suspect the police overstepped their constitutional authority during your search, and it was unlawful, you should consult an attorney to discuss your legal options.
The document provides an overview of the criminal justice systems in Britain and the United States. It discusses the court structures and legal traditions of England/Wales, Scotland, and Northern Ireland. It also compares the police, courts, and corrections branches of the U.S. system. Finally, it analyzes similarities and differences between the roles of lawyers, legal education, and sources of legal authority in the two countries.
Critical Legal Studies (CLS) began as a movement in the late 1970s that criticized traditional legal scholarship. It argued that law is inherently ideological and does not neutrally produce outcomes, but rather perpetuates the interests of the powerful. CLS examines how power relationships in society shape the law and examines issues like indeterminacy, contradiction, and false consciousness. It includes subgroups like feminist legal theory and critical race theory. CLS has been influential though also criticized for being incoherent and lacking clear prescriptions.
In the 2000 US presidential election, George W. Bush initially appeared to have won the state of Florida, but the margin was so close that a recount was ordered. Bush petitioned to stop the recount, arguing it violated equal protection. The US Supreme Court ruled in Bush's favor, stopping the recount and allowing Bush to claim the presidency. This demonstrated the Court's jurisdiction over state courts in electoral matters.
This document defines and discusses the legal concept of actus reus. It begins by defining actus reus using four sources of authority as the physical act of the crime, an act, a failure to act (omission), or a "state of affairs". It then describes actus reus as generally requiring a positive act, with an exception for cases like R v Larsonneur that involve a state of affairs. Finally, it explains five situations in which an omission may amount to actus reus: 1) when a legal duty exists, such as the duty of parents to care for children; 2) when a duty arises from a relationship; 3) when a duty arises from undertaking someone's care; 4
Criminal law defines criminal conduct, specifies punishments, and regulates investigation and prosecution of suspected criminals. A crime requires both a wrongful act and criminal intent. Crimes are considered wrongs against society and are prosecuted by the government as the representative of society. The criminal law originated from primitive tribal customs and has developed through various legal codes, common law, and statutory law.
Foreign & local investment opportunities in South Africa offered by the busin...Werksmans Attorneys
The document provides an overview of opportunities for foreign and local investment in South Africa through acquiring distressed assets in the business rescue process. It discusses South Africa's business rescue regime, the role of post-commencement finance, identifying early distress signals, methodology for acquiring distressed assets at good value, analyzing the current economic landscape and opportunities in distressed mining assets. It also covers the interplay between labor law and business rescue and practicalities of acquiring distressed assets through business rescue.
The document provides an overview of criminal justice systems around the world and in Pakistan. It discusses the adversarial system used in common law countries where two advocates argue their positions before an impartial judge or jury. It also describes the inquisitorial system used in countries like Germany and France where the judge plays an active role in investigating the case. The document then discusses the Mughal judicial system and its hierarchy of courts at the imperial, provincial, district, and local levels. It finally outlines the key organs of Pakistan's current adversarial criminal justice system: investigation, prosecution, judiciary, and corrections.
This presentation covers the main pointers to remember while studying the schools of criminology. Compiling together in simple language, I've created a friendly presentation to help you associate the school with its salient features.
*Please open in Microsoft PPT for high definition and best effects :)
The document discusses the rules of evidence in judicial inquiries under Qanun-e-shahdat. It defines Qanun-e-shahdat as the system of rules for determining factual questions in courts. The main objective of the Order is to prevent inconsistent admission of evidence by establishing a uniform practice. It aims to admit only relevant facts that assist in discovering the truth, rather than obscuring it. The key principles are that evidence must be limited to the matter at issue, the best evidence must be provided, and hearsay evidence should be excluded.
The document discusses search and seizure law under the 4th Amendment. It defines what constitutes a search and what is not considered a search, such as searches of open fields. It discusses the Supreme Court case Oliver v. United States, which established that individuals have greater privacy protections for their homes and curtilage than open fields outside curtilage. The document also discusses warrants, probable cause, and exceptions to the warrant requirement, such as exigent circumstances, searches incident to arrest, vehicle searches, and searches based on consent or items in plain view.
The document provides information and discussion questions about the defense of diminished responsibility in English criminal law. There are four key elements to the defense that must be proven: 1) abnormality of mental functioning, 2) recognized medical condition causing the abnormality, 3) substantial impairment, and 4) the abnormality must provide an explanation for the killing. The document examines cases that have helped define these elements and discusses debates around topics like the burden of proof, the role of intoxication, and proposed reforms to the defense. Students are prompted to consider application of the law to hypothetical scenarios and to critically analyze statements related to diminished responsibility.
This document provides an overview of criminal law in India. It discusses key topics such as the definition of a crime, categories of crimes, elements of a crime including actus reus and mens rea, investigation and trial procedures outlined in the Code of Criminal Procedure, and special laws dealing with certain crimes. The three main sources of criminal law in India are identified as the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act.
Miranda was interrogated by police for two hours without being informed of his constitutional rights against self-incrimination and to legal counsel, resulting in him confessing to the crimes charged. His confession was appealed on the grounds that his rights were violated, but the appeal was denied and his conviction upheld. The Supreme Court ultimately ruled 5-4 in favor of Miranda, concluding that defendants in custody must be informed of their rights before interrogation to protect against self-incrimination.
The document discusses several theories of female criminality:
1) The masculinization theory proposes that women engage in more serious violent crimes when they exhibit typically masculine behaviors due to empowerment. However, it cannot explain criminality in third world societies.
2) The opportunity theory suggests that increasing opportunities for women has reduced violent crimes but increased property crimes. However, data does not fully support the theory's relationship between opportunities and crime based on region, class, and employment.
3) The marginalization theory argues that the marginalized positions of many women in terms of low wages, jobs, class, and family victimization can lead them into criminality. It is considered more valid than other theories due to its reliance
The Fourth Amendment protects against unreasonable searches and seizures. It was incorporated against the states through the Fourteenth Amendment. There is no reasonable expectation of privacy in open fields, abandoned property, or areas impliedly open to the public. Searches generally require a warrant based on probable cause, though there are exceptions such as consent, exigent circumstances, and searches incident to arrest. Evidence obtained in violation of the Fourth Amendment is generally inadmissible due to the exclusionary rule.
The document outlines the key steps and concepts in criminal prosecution in India according to the Criminal Procedure Code and other relevant laws. It discusses classes of criminal courts, registration of FIRs, investigation and arrest procedures, production of the accused before courts, police reports and charge sheets, trial procedures for both warrant and summons cases, and concepts like bail, cognizance, and judgments. The document provides a comprehensive overview of the criminal prosecution process in India from the registration of an FIR through investigation, trial and final judgment.
The document summarizes and compares four major theories of female criminality: masculinization theory, opportunity theory, marginalization theory, and chivalry theory. The masculinization theory, proposed by Freda Adler, argues that women's increasing involvement in crime is due to their adoption of masculine traits and behaviors as traditional gender roles change. Opportunity theory, developed by Rita Simon, asserts that greater opportunities available to women lead to higher rates of property crimes. Marginalization theory, from Meda Chesney-Lind, posits that the marginal social status of many women in terms of low income, inadequate jobs, and family victimization pushes them towards criminality. Of the four theories discussed, the document argues that
Introduction to criminology lecture 1 module 1JEN PAN
Criminology is the scientific study of criminal behavior, including the causes, prevention, and impact of crime. It emerged in the late 1800s as part of prison reform efforts and has evolved into a multidisciplinary field. Criminologists study both psychological and sociological influences on criminal behavior in order to better understand and prevent crime. The modern study of criminology in the US developed over the 20th century through different phases, establishing criminology as its own academic discipline separate from criminal law.
Ernesto Miranda was arrested for kidnapping and rape and interrogated without being informed of his Fifth Amendment rights against self-incrimination or his right to an attorney. The Supreme Court overturned Miranda's confession in a 5-4 decision, establishing that individuals in custody must be informed of their Miranda rights before interrogation. This included the right to remain silent and the right to an attorney. The decision had a lasting impact by establishing Miranda warnings that must be given before questioning by police.
This document defines the key elements of crime under Canadian law. It outlines that a crime is any prohibited act or omission punishable by statute. There are typically four conditions for an act to be considered a crime: it is wrong by societal standards, causes harm, the harm is serious, and is handled by the criminal justice system. It also discusses the distinction between federal and provincial criminal laws. To convict someone, the Crown must prove the guilty act (actus reas) and guilty mind (mens rea) existed at the time of the offense. Mens rea can include intent, knowledge, criminal negligence, recklessness, or willful blindness. Strict and absolute liability offenses do not require proving mens rea.
There are ground rules to Search & Seizure. The 4th Amendment protects you from “unreasonable search and seizures.” The police may stop a vehicle when they have reasonable suspicion to believe a traffic offense has been committed, but they must follow certain rules. If you suspect the police overstepped their constitutional authority during your search, and it was unlawful, you should consult an attorney to discuss your legal options.
The document provides an overview of the criminal justice systems in Britain and the United States. It discusses the court structures and legal traditions of England/Wales, Scotland, and Northern Ireland. It also compares the police, courts, and corrections branches of the U.S. system. Finally, it analyzes similarities and differences between the roles of lawyers, legal education, and sources of legal authority in the two countries.
Critical Legal Studies (CLS) began as a movement in the late 1970s that criticized traditional legal scholarship. It argued that law is inherently ideological and does not neutrally produce outcomes, but rather perpetuates the interests of the powerful. CLS examines how power relationships in society shape the law and examines issues like indeterminacy, contradiction, and false consciousness. It includes subgroups like feminist legal theory and critical race theory. CLS has been influential though also criticized for being incoherent and lacking clear prescriptions.
In the 2000 US presidential election, George W. Bush initially appeared to have won the state of Florida, but the margin was so close that a recount was ordered. Bush petitioned to stop the recount, arguing it violated equal protection. The US Supreme Court ruled in Bush's favor, stopping the recount and allowing Bush to claim the presidency. This demonstrated the Court's jurisdiction over state courts in electoral matters.
This document defines and discusses the legal concept of actus reus. It begins by defining actus reus using four sources of authority as the physical act of the crime, an act, a failure to act (omission), or a "state of affairs". It then describes actus reus as generally requiring a positive act, with an exception for cases like R v Larsonneur that involve a state of affairs. Finally, it explains five situations in which an omission may amount to actus reus: 1) when a legal duty exists, such as the duty of parents to care for children; 2) when a duty arises from a relationship; 3) when a duty arises from undertaking someone's care; 4
Criminal law defines criminal conduct, specifies punishments, and regulates investigation and prosecution of suspected criminals. A crime requires both a wrongful act and criminal intent. Crimes are considered wrongs against society and are prosecuted by the government as the representative of society. The criminal law originated from primitive tribal customs and has developed through various legal codes, common law, and statutory law.
Foreign & local investment opportunities in South Africa offered by the busin...Werksmans Attorneys
The document provides an overview of opportunities for foreign and local investment in South Africa through acquiring distressed assets in the business rescue process. It discusses South Africa's business rescue regime, the role of post-commencement finance, identifying early distress signals, methodology for acquiring distressed assets at good value, analyzing the current economic landscape and opportunities in distressed mining assets. It also covers the interplay between labor law and business rescue and practicalities of acquiring distressed assets through business rescue.
This document discusses five dilemmas facing corrections: mission, methods, structure, personnel, and costs. It also outlines four trends in corrections: evidence-based practice, techno-corrections, falling crime rates, and professionalization. Finally, it presents three challenges for the future of corrections: reinvigorating correctional leadership, refocusing investments in what works, and reclaiming the moral high road.
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The document discusses the history and current state of the juvenile justice system in the United States. It covers the following key periods: the Puritan period (1646-1824), the Refuge period (1824-1899), the Juvenile Court period (1899-1960), the Juvenile Rights period (1960-1980), and the Crime Control period (1980-2005). It also summarizes several important Supreme Court cases that shaped the juvenile justice system. The document concludes by discussing factors that influence juvenile offending and different sanctions used for juveniles, such as probation, incarceration, and community corrections programs.
The document discusses the history and goals of the US prison system. It describes how prisons evolved from focusing solely on custody in the 1940s-50s to incorporating rehabilitation programs in the 1960s-70s. The three main models of incarceration are the custodial model which focuses on incapacitation and deterrence, the rehabilitation model which emphasizes treatment, and the reintegration model prioritizing community supervision. The document also outlines trends in incarceration rates and prison populations as well as strategies for dealing with overcrowding issues.
This document discusses several special populations that pose challenges within the corrections system, including elderly prisoners, prisoners with HIV/AIDS, mentally ill prisoners, long-term prisoners, and sexual minority inmates. It outlines some of the unique needs of these populations as well as approaches prisons have taken to address their needs, such as housing accommodations, medical care, segregation policies, and rehabilitation programs. It also raises discussion questions about balancing safety, treatment and cost when caring for these special needs populations in correctional facilities.
This document discusses jails and their role in the corrections system. It covers the origins and evolution of jails, from medieval England to modern America. Jails primarily house those sentenced to one year or less and those awaiting trial. The document examines jail administration, populations, the problems of pretrial detention including bail issues, and challenges in jail management like overcrowding. It also explores the transition to new jail facility designs and trends toward regional jails and strengthened alternatives to incarceration.
This document discusses prison society and culture. It describes the inmate code that prisoners follow, including not interfering with other inmates or trusting guards. It also discusses the process of "prisonization" where inmates adapt to prison life. There are different prison subcultures like convicts, thieves, and "straights." The document also examines prison programs for education, vocational training, rehabilitation and medical services that aim to help inmates cope with incarceration.
The document discusses prison management and organizations. It covers compliance, power structures, and the confinement model for inmates. The organizational structure of prisons is hierarchical, following concepts like unity of command and chain of command. Staff roles include wardens, guards, and program personnel. Maintaining order and preventing violence requires a balance of authority between inmates and staff. Violence in prisons can occur between inmates or against staff. At-risk groups for inmate-on-inmate violence include the young, non-violent first-time offenders. Decreasing violence requires improved classification, opportunities, staffing, and mechanisms for reporting issues.
This document discusses the origins and development of parole systems. It describes how Alexander Maconochie first developed the concept of parole in the 1800s using a system of conditional release. Parole systems then spread to the United States in the late 1800s/early 1900s. The document also covers the process for making release and parole decisions, conditions of community supervision, barriers ex-prisoners face, and factors that support successful reentry.
The document provides an overview of the history and current state of corrections in the United States. It discusses how corrections has evolved from the colonial period, through the development of penitentiaries in the 18th-19th centuries, and the reformatory and community corrections models of the 20th century. It also summarizes that the corrections population has grown substantially since the 1970s, with over 7 million Americans now in the correctional system, and reviews the main components of the modern U.S. corrections system.
The document summarizes aspects of government and society in 10th century England, including that the Witan was an advisory council to the king but not democratic, land was divided into shires and counties with long thin agricultural plots, and manors were the basic unit of local administration and economic production with a lord overseeing soldiers and workers. The Christian church was also established.
The document discusses the history and development of probation and intermediate sanctions as alternatives to incarceration. It explores John Augustus' pioneering role in establishing probation in 1841 and how the goals and methods of probation have evolved over time. The document also examines different types of intermediate sanctions like fines, community service, and electronic monitoring and discusses challenges in selecting appropriate offenders and making these programs effective.
The document summarizes the key provisions of the Magna Carta signed in 1215 between King John of England and rebel barons. It established that the king was subject to the law and established certain legal protections for the nobility and free men. The Magna Carta helped end absolute monarchy and feudalism in England and limited the power of the king.
This document discusses various vice crimes and debates surrounding their legal status. It covers topics like homosexuality, prostitution, pornography, abortion and debates around harm, consent, and decriminalization. For each topic, it provides historical context on how the laws and views have changed over time, from being strictly prohibited to becoming more accepted or legalized in some contexts. It also discusses ongoing legal and social debates around balancing individual rights and harm principles for these various activities.
This document summarizes the key legal foundations that determine the rights of inmates, including constitutions, statutes, case law, and regulations. It discusses how the US Supreme Court has interpreted constitutional rights like freedom of speech, religion, due process, and protection from cruel punishment within correctional facilities. It also reviews legal issues surrounding the death penalty, how executions have changed over time due to Supreme Court cases, and ongoing debates around applying the death penalty to certain crimes or populations.
King John was forced to sign the Magna Carta in 1215, establishing limits on royal power. His son Henry III faced opposition from nobles due to his reliance on foreign advisers and expensive wars. Simon de Montfort took control of the government in the 1260s and established the first Parliament including nobles. After de Montfort's defeat in 1265, Henry III regained full authority, but his son Edward I expanded Parliament to include gentry and merchants from shires in addition to nobles in order to obtain funding for the kingdom in the late 1200s.
The document discusses heresy and orthodoxy in the 14th century Church. It summarizes that the Church had become unpopular due to greed, feudal power, and cruelty. The Pope resided in Avignon, France, which was foreign. The spread of religious writings increased literacy and focused on Jesus Christ, Saints, and the Virgin Mary. Private prayer was seen as a threat to Church authority as it allowed independent thought. Lollardy was a 14th century political and religious movement inspired by John Wycliffe's Bible translations from Latin, though they were not published. King Henry IV was loyal to the Church and had Lollards executed in 1401, though the movement was not well organized.
This document summarizes political events in late 14th century England, including two kings being deposed and killed - Edward II in 1327 and Richard II in 1399. Richard II had become unpopular due to his advisers and actions like imprisoning the powerful noble John of Gaunt. He was ultimately deposed by Henry of Lancaster's army, establishing Henry IV as the new king but sowing seeds of civil war between nobility.
This document provides an overview of how law is developed and applied in the UK. It discusses that laws originate from unspoken social rules and customs that developed over generations. These became codified into common law through judicial precedent, where higher courts establish binding precedents that lower courts must follow. Legislation has now become the primary source of law in the UK. The key concepts covered include:
- Laws originate from social customs and norms
- A state is a community with a defined territory governed by a government
- Common law is developed through judicial precedent, where courts follow previous rulings on similar cases
- Legislation and statutes now supersede common law where conflicts arise
The document discusses different legal systems around the world:
- Islamic law is derived from the Quran and teachings of Muhammad, and prohibits things like interest payments.
- Socialist/Marxist law aims to achieve a communist society with state ownership and central planning.
- Common law is based on precedents from past court cases. Judges' rulings in individual cases establish principles that guide future similar cases.
- Civil/code law is based on detailed legal codes that establish rules for conducting business and other activities. Judges play a larger role than lawyers in civil systems.
It also notes some differences between how intellectual property is handled under common vs. code law.
The document discusses different legal systems and methods for resolving international disputes. It covers four main legal systems - Islamic law, common law, civil/code law, and socialist law. For international disputes, the preferred methods are conciliation (mediation), arbitration, and as a last resort, litigation in domestic courts. Conciliation aims to reach a negotiated agreement, arbitration involves a private third party decision, and litigation occurs through public court proceedings.
The document provides an overview of the court system in the United States, including the structure and functions of federal and state courts. It discusses the roles of judges as adjudicators, negotiators, and administrators. The document also examines the roles of prosecutors and their discretion in charging decisions. It describes methods of providing legal counsel to indigent defendants, including public defenders. Finally, it introduces the concept of a courtroom workgroup comprising the regular participants within the criminal justice system.
International and comparative courts and lawyersAndrew Novak
This document provides an overview of criminal justice systems around the world. It discusses the court structures and legal professions in common law countries like the UK as well as civil law countries like France, Germany, China, Japan, and Saudi Arabia. It also summarizes the International Criminal Court, describing its jurisdiction over major international crimes, how cases can be referred to it, and its judicial and administrative structures.
This document provides an overview of elements of law. It discusses the definition of law, the three branches of government, sources of law including enacted law and case law, the structure of the federal and New York court systems, how cases proceed through the civil and criminal litigation processes, and key concepts like precedent, stare decisis, and the hierarchy of enacted law. The goal is to provide context for what students will learn in law school and level the playing field of knowledge.
The document discusses the different sources of law in the United States, including statutory law which is passed by legislatures, common law which develops from legal precedents, administrative law issued by government agencies, and constitutional law based on Supreme Court interpretations of the Constitution. It also outlines the differences between civil and criminal cases, noting that civil disputes are between individuals while criminal cases involve alleged crimes against society. The purpose is for students to understand the hierarchy and application of various laws in the US legal system.
This document provides an overview of legal topics related to the CISSP certification exam. It begins with disclaimers that StaridLabs is not licensed to provide legal advice. It then defines key legal terms and describes major legal systems like common law, civil law, customary law, and religious law. For common law, it summarizes the three branches of criminal law, tort law, and administrative law. For civil law, it provides a brief history. It also discusses liability, due care/diligence, computer crimes, international cooperation, and intellectual property laws including patents, trademarks, and copyright. The document aims to explain major legal concepts and systems in a training context for the CISSP exam.
The judiciary primarily adjudicates civil, criminal, and arbitration cases. Most systems have a hierarchical court structure, while some countries adhere to sharia law. The English common law tradition influences case law in the US. US law comes from constitutions, statutes, regulations, and precedent-setting cases. Key Supreme Court decisions established judicial review and expanded civil rights. The Warren, Burger, and Rehnquist Courts shifted the scope of individual liberties and criminal justice over time. The federal court system includes district, appeals, and Supreme Courts, which decide cases through written arguments and rulings that can be unanimous or include dissents. Judges are nominated by the president and approved by the Senate.
The document discusses different types of laws in the United States legal system. It outlines four principal types of laws: statutory laws passed by legislatures, common laws based on precedents, administrative laws created by government agencies, and constitutional laws based on the U.S. Constitution. It also discusses some key rights in the U.S. legal system such as the right to a lawyer, right to bail, right to a jury trial, presumption of innocence, right against self-incrimination, right to cross-examine witnesses, right to accurate evidence, and right to appeal a conviction.
The document discusses key concepts of the English legal system including separation of powers, parliamentary sovereignty, and the uncodified UK constitution. It explains that the UK has an unwritten constitution drawn from statutes, common law, and other sources. The judiciary is responsible for interpreting and applying the law, though judicial review is weaker than other systems due to the lack of a codified constitution. Judges are appointed by the government but have security of tenure and are expected to remain politically neutral. The hierarchy of courts and judges in England and Wales is also outlined.
This is a self-explanatory powerpoint lecture with information concerning the NCFCA resolution for 2015. Resolved: That the United States Federal Court system should be significantly reformed.
This document provides an overview of key concepts in the Canadian legal system. It discusses:
1) The importance of studying Canadian law given the country's diversity and need for a common set of rules.
2) Core theories of law including positivism, natural legal theory, realism, and critical legal theories.
3) Central ideas like constitutional monarchy, democracy, federalism, parliamentary supremacy, and the rule of law.
4) The main branches of government - judicial, legislative, and executive - and Canada's unitary court system.
The document summarizes key aspects of the US federal judiciary system, including its historical roots, structure, and processes. It describes how the system was established by the Constitution and Judiciary Act of 1789, with a three-tiered structure of district, appellate, and Supreme Courts. It also discusses important cases like Marbury v. Madison that established judicial review, and how federal judges are nominated and confirmed. The Supreme Court's role in deciding which cases to hear and how it reaches and issues rulings is also outlined.
international law is weak law ppt.pptx to learn and understand easily international law ,kinds of International law, difference between private and public International law, meaning And aim of International law, oppenheim's View definition, conclusion , Nature of International law, scope of International law
International law is a weak law,kinds of International law, meaning and Aim of the international law, oppenheim's definition , difference between private and public International law, scope of International law nature of the international law, weakness of International law , all knowledge about the international law,whole structure of International law,types of International law, conclusion
The document summarizes key concepts about law and the legal profession. It discusses different theories of law, such as natural law and positive law. It also examines justifications for law like harm prevention and legal moralism. The document analyzes paradigms of law and perceptions of the judicial system. It compares legal agent and moral agent models of legal representation. It also summarizes ethical standards and responsibilities for lawyers.
This document discusses several topics related to law and the legal profession. It begins by outlining different theories of law, such as natural law and positive law. It then discusses legal justifications like the harm principle and legal paternalism. The document also examines perceptions of the judicial system and whether it achieves true justice. It analyzes the roles and ethics of legal professionals like attorneys and judges. Specifically, it debates whether attorneys should serve as legal agents or moral agents. Finally, the document reviews ethical standards and codes of conduct for legal professionals.
Pob stage 2 lecture 7 introduction advance ole set (1)Diana Shore
This document provides an introduction to law within the context of business principles. It discusses the meaning and significance of the rule of law, key characteristics of English law such as its gradual evolution and doctrine of precedent. It also distinguishes between civil and criminal law, explaining their different purposes and procedures. Finally, it outlines several major areas of private law that are important for business, including contract law, tort law, and company law.
Private international law (PIL), also known as conflict of laws, deals with legal disputes that involve a foreign element between private parties. It is the branch of domestic law that determines which jurisdictions' laws apply when legal issues cross international borders. PIL establishes rules for choice of jurisdiction, choice of applicable law, and recognition and enforcement of foreign judgments. The key aspects are that PIL is part of a state's domestic legal system but applies when a case contains international factors outside that legal system.
Juvenile delinquency refers to illegal actions by minors that are handled through the civil juvenile justice system rather than criminal courts for adults. While media coverage focuses on atypical cases, most juvenile offenses are status offenses like truancy. Developmental factors help explain juvenile criminal behavior, as the brain continues developing into a person's twenties. Over time, the juvenile justice system has extended more due process rights to young offenders while also making it easier to try some in adult criminal courts. More recently, restorative justice approaches that emphasize accountability, victim healing, and offender rehabilitation have influenced juvenile justice philosophy and programs.
This document summarizes the development of early law through common law and precedent. It discusses some of the earliest legal codes, including the Code of Hammurabi and the Twelve Tables of Roman Law. It then covers the emergence of common law in England following the Norman Conquest, highlighting figures like Ranulf de Glanvill, Magna Carta, and Henry de Bracton. The document also examines precedent, stare decisis, William Blackstone's influence, and sources of law including judicial decisions, legislation, and constitutions. It provides an overview of key portions of the US Constitution and Bill of Rights such as freedoms of religion, speech, and rights for the criminally accused.
This document discusses different perspectives on the concept of justice. It begins by examining dictionary definitions of justice provided by Aristotle and others. It then explores the concepts of distributive justice, which concerns how resources are allocated, and retributive justice, which deals with determining guilt, innocence, and punishment. The document also discusses perspectives on the natural basis of law and justice, problems with defining justice, and models of the criminal justice system prioritizing either due process or crime control.
This document discusses the function and purpose of law from a sociological perspective. It defines law and examines how culture influences law through elements like beliefs, values, norms, symbols, technology, and language. It outlines theories of prominent legal philosophers like Plato, Aristotle, Hobbes, Locke, and Rawls. It also summarizes sociological perspectives on law from theorists like Weber, Durkheim, Marx and Engels. These perspectives view law through either a consensus lens that sees society as cooperative or a conflict lens that sees society as characterized by exploitation and power struggles between groups.
The document discusses the dual functions of probation - investigation and supervision. It covers topics such as:
- The presentence investigation report and its important role in sentencing offenders
- Evidence-based supervision practices focusing on high-risk offenders and specialized programs
- Ensuring probation is effective in reducing recidivism through risk assessment, treatment referrals, and performance measures
- The revocation process when offenders violate their probation conditions
This document discusses the history and theories of punishment from ancient times through the American Revolution. It covers early legal codes from Mesopotamia and Rome. During the Enlightenment, thinkers like Cesare Beccaria and Jeremy Bentham promoted the classical school of thought that punishment should be rational, consistent with the crime, and aimed at deterrence and prevention over retribution. Modern approaches to punishment include restorative justice and consideration of scientific evidence. Common criminal sanctions today include incarceration, fines, probation, and in some cases, the death penalty. Judges consider many factors in sentencing, but their discretion can also lead to unwarranted disparities.
The document provides an overview of the development of lawmaking in various societies and legal systems throughout history. It discusses some of the earliest written legal codes from ancient Babylon and Rome. It then covers the development of common law in England following the Norman Conquest, including influential documents like the Magna Carta. The document also examines the establishment of precedent and stare decisis in common law systems. Finally, it outlines various sources of law in the United States, including constitutional law, statutory law, administrative law, and individual rights derived from the Constitution and Bill of Rights.
Justice involves treating people equally according to their merits and circumstances. There are different theories about the origins and relationship between justice and law. Justice may come from natural law, evolution, or moral outrage at unfairness. While law and justice are not identical, laws should aim to conform with justice. Due process rights developed to ensure fair treatment under the law.
This document provides an overview of perspectives on the function and purpose of law. It discusses law as a cultural element that reflects a society's beliefs, values, and norms. It examines the views of philosophers like Plato, Aristotle, Hobbes, and Locke on the relationship between individuals, the state, and law. Sociological perspectives from Weber and Durkheim are presented, as are consensus and conflict-based views of a society's use of law to maintain order or preserve the interests of certain groups. The document aims to introduce key theories on what law is, what role it plays in culture and society, and how it both reflects and shapes human behavior and interactions.
The function and purpose of law power pointmckenziewood
This document discusses three perspectives on how crime is defined: the consensus view, conflict view, and interactionist view. The consensus view is that crimes are behaviors that harm society and are agreed upon as wrong. The conflict view is that criminal law is shaped by those in power to control other classes. The interactionist view is that criminal law reflects the preferences of the socially powerful, who use it to shape the legal process. It concludes that criminal law defines crime, but the definition constantly changes due to social forces molding it, and it serves a social control function.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
2. Importance of Comparative Law
• All societies develop rules for assuring peace, order, predictability,
and cultural survival
• May differ enormously from society to society
• Important to have knowledge of legal systems other than our own
• Provides us with new understanding and appreciation of our own
• Will better equip us to identify its strengths and weaknesses
3. Law in Preliterate Bands and
Tribes
• Preliterate societies
• Have no written language
• What is a crime?
• A violation of a criminal statute
• Must be written
• Can preliterate people commit crime?
• Homicide and theft
• Social control concern central concern to all organized groups
• These cultures ruled by customs as rigid and inviolable as law
4. Law in Preliterate Bands and
Tribes
• Bands
• Small groups of hunters and gatherers
• Tribe
• Larger groups who augment hunting and gathering with agriculture
• No formal agents of social control
• Exposure to informal pressures to conformity
5. Law in Preliterate Bands and
Tribes
• Inuits and self-redress
• Ultimate form
• Aggrieved party would kill offender
• Alternate for: Song duel
• Participants hurl sung insults at one another
• Witnessed by crowd, which declares winner
• Decision concludes matter
• Group response to offender
• Ostracism and banishment
6. Law in Preliterate Bands and
Tribes
• Modern Inuits have lost effective traditional social control
mechanisms
• Been replaced by formalized laws
• Tribal social control
• Hurons and fines paid by claim
• Witchcraft and treason were crimes against society
• Huron have also been modernized
• Now live under laws of jurisdiction in which they reside
• Some have own systems within reservations
7. Law in the ModernWorld:The
FourTraditions
• Four main traditions of law in the world:
• Common law
• Civil law
• Socialist law
• Islamic law
• Numerous systems exist:
• Each unique
• Just about all related in some degree to main four
• Some voluntarily or involuntarily borrow elements
• Some are hybrids of one or more
• Even among members of same, differences exist
9. Common Law
• Originated in England and influence spread throughout world
• India is world’s most populous common la country
• Not fully common law
• No system is imported whole
• Still remains major source of modern criminal law in most English
speaking countries
• Limited influence outside English speaking countries
10. Historical Aspects of Common
Law
• Traced to Norman Conquest of England (1066)
• Means of unifying England
• Increasing royal power at expense of feudal lords
• Fashioned from local customs and practices
• Judge-made law
• Evolved over centuries in response to problems of common person
11. Basic Features of Common Law
• Common law distinguished from other systems in five important
ways:
• It is unwritten
• Its respect for precedent
• Its adversarial procedures
• Its use of grand and petit juries
• Its extensive use of judicial review
12. Basic Features of Common Law:
Unwritten
• Does not mean it is not literally written down or lacks precision of
meaning
• Common law has long history of producing revered documents
stressing rule of law
• Term used to distinguish its origin in customs of people
• United States judges retain modicum of old common law
lawmaking role
13. Basic Features of Common Law:
Respects Precedent
• Flows from its origin as case law
• Reflects accumulated wisdom of generations of judicial decisions
• Operates in vertical and horizontal dimensions
• Allows for predictability, consistency, and rationality
14. Basic Features of Common Law:
Adversarial
• Nature stems from “trial by combat” method of settling disputes
• Both prosecution and defense expected to vigorously pursue self-
interest
• Judges function as disinterested referees
• Judges do not play as active a role as in other legal traditions
15. Basic Features of Common Law:
Uses Grand and Petit Juries
• Indictment by grand jury and trial by jury are cherished procedures
• Traditionally viewed as bodies of citizens interposing themselves
between power of state and accused
• Expense of grand juries led to abolition in England and Canada
• Criticized as well
• Practical consideration have led to less use of trial juries than
previous
16. Basic Features of Common Law:
Uses Judicial Review
• Refers to judiciary’s examination of legality of actions and decisions
of executive and administrative officers of government
• As well as appellate review of lower court decisions
• Scope limited to various degrees in different countries
• Process follows roughly similar lines in all common law countries
17. Civil Law
• Most pervasive legal tradition in world
• Used in over half of world’s nations
• Sometimes called continental law or code law
• Avoids confusion with civil branch of common law countries
• Former Warsaw Pact nations have reverted to civil law systems
• Encompasses variety of systems that differ due to unique
developmental history in each country
18. Historical Origins of Civil Law
• Has longer history of development than common law
• Not so centered on one country
• Ancient Rome and nineteenth-century France and Germany
• TwelveTables (450 BCE)
• Code of Justinian (533 CE)
• Modern civil law owes most to NapoleonicCode (1804 CE)
19. Basic Features of Civil Law
• Typically developed after major social upheaval as result of distrust
of previous status quo
• French civil law
• Emphasizes communitarian values rather than individualistic
• Crime control system used
• Rights of victimized community
20. Basic Features of Civil Law:
Written
• Codes create civil law rather than revealing existent laws
• Laws replace, rather than supplement, previous law
• Emphasizes revolutionary nature
• Legal prescriptions and proscriptions outlined are mostly
consistent with norms and customs that prevailed at time of
publication
21. Basic Features of Civil Law: Precedent
Is Not Officially Recognized
• Codes laid down are complete the day they are enacted
• Not subject to judicial review
• No need to refer to past cases for guidance
• Code is guidance needed
• In practice, no code is complete
• Civil law judges often refer to and rely on case law and thus to precedent
• If used, is not binding and is tool of last resort
22. Basic Features of Civil Law:
Inquisitorial RatherThan Adversarial
• Primary distinguishing feature of civil law
• Term inquisitorial conjures up negative images
• Truth-seeking investigations and interviews
• Many procedural protections found in common law systems not
found
• Do provide some rights
• Process led by judge
• All parties expected to cooperate
23. Basic Features of Civil Law:
Inquisitorial RatherThan Adversarial
• Strong presumption of guilt if case goes to trial
• Investigation takes place under presumption of innocence
• Common law civil rights viewed as unnecessary
• Right to remain silent is formality with little force
• Doing so at trial may be legally considered as evidence of guilt
24. Basic Features of Civil Law: Has
Traditionally Made Little Use of Juries
• Used only for very serious crimes
• Do not have same role as in common law countries
• Juries consist of three judges and nine laypersons
• Jurors can question all other parties
• Trial judges are not investigating judge
25. Basic Features of Civil Law: Has
Traditionally Made Little Use of Juries
• Judges are active participants in trials
• Play all roles in common law systems
• Verdicts require agreement of at least eight of twelve
• If verdict is guilty
• Voting on penalty begins immediately
26. Basic Features of Civil Law:
Judicial Review Is Used Sparingly
• Three Supreme Courts in France
• Cour de Cassation
• Supreme in criminal and civil matters
• Conseil d’Etat
• Supreme in administrative matters
• Conseil Constitutionell
• Supreme in constitutional matters
• Equivalent to United States Supreme Court
• No judicial review of legislative statutes in most instances up until
2010
27. Basic Features of Civil Law:
Conseil Constitutionell
• ConstitutionalCouncil
• Used to be unique among national supreme courts
• Main function was to rule on constitutionality of proposed
legislation
• Has gradually become fully functional court since reforms of 2008
• Now possible for any citizen to raise issue of unconstitutionality
before lower court
• If decided constitutionally relevant, submitted to Constitutional Council
• Has drastically increased Council’s workload
28. Basic Features of Civil Law:
Cour de Cassation
• “To break” or “to smash”
• Courts of last resort
• Decisions involving criminal matters and private commercial
disputes are appealable
• Court sits in six chambers
• Each has fifteen judges
• Smashes erroneous decisions
• Decisions not binding on lower courts
• Only rule on points of law
29. Basic Features of Civil Law:
Types of Crime
• Three offense categories recognized
• Crimes
• Major offenses for which penalty can be from five years to life
imprisonment
• Tried in assize court
• Only court that uses juries
• Delicts
• Less serious offenses for which penalty can be up to five years
• Tried in correctional court
30. Basic Features of Civil Law:
Types of Crime
• Contraventions
• Minor offenses with maximum penalty of two months in jail
• Tried in police court
• Can be potential for abuse
• Bail infrequently granted due to operation based on crime control
model
• Trial more of forum for known facts
• System is one of professional bureaucracy
31. Socialist Law
• Originated in 1917 with Russian Revolution and USSR
• Based on codified Marxist/Leninist ideology
• Only system of law considering itself to be temporary anachronism
devoted to own demise
• Emphasizes communal values over individual rights
• Low-tolerance crime control
32. Chinese Socialist Law
• Scholars maintain Imperial China never developed sound rational-
formal legal system
• Influenced by Confucius
• Some point to Ch’ingCode (1646) as evidence of being at least
substantively rational
• 436 statutes and four thousand offenses for which punishment was
prescribed
33. Chinese Socialist Law: IsWritten
and Precedent Not Recognized
• Chinese legal system borrowed heavily from Soviet legal codes
• Present system established in 1954
• First code of criminal law and procedure adopted in 1979
• Under new code judiciary began to exercise small measure of
independent power
• Precedent has no place in Chinese system
• Law has always had high degree of flexibility in both substance and
procedure
34. Chinese Socialist Law: Is
Inquisitorial and Adversarial
• Mostly inquisitorial
• Emphasis on confessions
• Evidence never presented to defendants prior to trial
• Defendants can defend themselves in court, hire lawyer or
advocate
• Advocates see procedural law is observed and lenient sentences
received
35. Chinese Socialist Law: Uses a
Quasi-Jury System
• Collegial bench
• One to three professional judges
• Two to four lay people’s assessors
• No right to remain silent
• Defendant can argue with other actors
• Very punitive
36. Chinese Socialist Law: Death
Sentence
• Delayed
• Two-year suspension of sentence during which defendant must show
reformation
• If rehabilitated
• Sentence usually charged to long period of incarceration
• If not, they are executed
• Immediate
• Carried out within seven days of imposition of sentence
• Imposed when court deems defendant is beyond rehabilitation
• Execution is single shot at base of skull or, more recently, lethal injection
37. Chinese Socialist Law: Judicial
Review is Limited
• Severely limited
• Supreme People’s Court
• Answerable to Standing Committee of Chinese Communist Party
• Advisory opinions
• Does not hear cases from lower courts
38. Chinese Socialist Law: Hierarchy
of Chinese Courts
• Higher People’s Court
• Analogous to U.S. Supreme Court
• Intermediate People’s Court
• Prefecture level
• Original jurisdiction
• Basic People’s Court
• Analogous to U.S. District (felony) court
• Higher judicial review of outcome
• Appeals from both prosecutor and defendant
• Right to one appeal
39. Islamic Law
• Each country is different
• Vary in level of adherence to strict Qur’anic interpretations
• Fundamentalists insist on strict adherence
• Saudi Arabia
• Qur’an has served as constitution since birth of nation
• Lays out general principles that must be interpreted and applied to variety of
specific cases
40. Islamic Law: IsWritten
• Origins of law is Qur’an
• Shari’a
• “Path to follow”
• Three distinctions
• Based on direct revelation from God
• Attempts to regulate behavior and thought processes
• Does not require uniformity of law
41. Islamic Law: Hybrid
Inquisitorial/Adversarial System; Precedent
Absent; No Use of Juries
• Hybrid of inquisitorial and adversarial systems
• Strong emphasis on inquisitorial system
• System contains few procedural rules
• Have right to confront accusers and are assumed innocent until proven
guilty
• Court proceedings very informal byWestern standards
• Judge hears cases and makes decisions based on own distillation of facts
and testimony
• Not bound by precedent
• Do not use juries
42. Islamic Law: Crime and
Punishment
• Hudud crimes
• Fixed penalty crimes considered God prescribed
• No judge or legislative body can alter penalty for them
• Heard by panel of three judges
• Variations allowed according to circumstances
• Conviction requires confession or eyewitness testimony of at least two
adult males
• Muslims of impeccable character
43. Islamic Law: Crime and
Punishment
• Quesas crimes
• Means “equal harm” or “retaliation”
• Crimes committed against individuals rather than against God
• Penalties based on “eye for eye” philosophy
• Serious crimes, but not ones for which Qu’ran specifies a penalty
• Penalties can be negotiated or forgiven
44. Islamic Law: Crime and
Punishment
• Ta’azir crimes
• “discretion” or “deterrence” crimes
• Imposition of punishment is discretionary
• Penalties range from dressing down to some form of light corporal
punishment
• Purpose of punishment is discretionary
45. Islamic Law: Crime and
Punishment
• Hudud crimes least likely to result in death penalty
• Acts similar may be tried as quesas or ta’zir crime to assure conviction
and punishment
• Differentiation depends on circumstances
• Law does not normally allow legal representation in a trial
• Oath swearing
• Whoever swears oath, wins the case
46. Islamic Law: Judicial Review
Limited to Certain Crimes Only
• Appeals process may come into play after judgment is rendered
• Death sentences appealable only for ta’zir crime
• Must be filed up to thirty days after conviction
• Hudud crimes cannot be appealed
• Pardons and stays can be granted by king, just not for hudud crimes
• Death sentence for quesas murder may be appealed to victim’s
family only
47. The FourTraditions and the Rule
of Law
• Useful way of making comparisons is degree to which rule of law is
present
• Rule of Law has three important elements:
• Recognition that there are fundamental principles and values stressing
human dignity and value
• Values and principles are articulated and formalized in writing and
contained in revered documents
• Substantive laws and administrative procedures implemented to hold
state and its agents to those values and principles
48. The FourTraditions and the Rule
of Law
• Freedom House (Puddington, 2014)
• Ranks countries on scale of one through seven
• One is highest level of civil liberty
• Economist Intelligence Unit (2014)
• Ranks countries zero through ten
• Ten indicates highest civil liberty score
• United States rating
• 1 by Freedom House
• 8.11 by Economist Intelligence Unit
• Norway ranked highest; North Korea ranked lowest
49. The FourTraditions and the Rule
of Law: Civil Law (France)
• Exhibits first two elements of rule of law
• Addressing third requires care of legal ethnocentrism
• Does not lack due process procedures
• Simply have different ones intended to do different things than U.S.
• Rated same as United States on both scales
• 1 by Freedom House
• 8.11 by Economist Intelligence Unit
50. The FourTraditions and the Rule
of Law: Islamic Law
• Conforms to first two requirements of rule of law
• Provisions for procedures of implementation has not been major
concern
• Only some Islamic countries have secularized laws to provide
moderate due process rights
• Saudi Arabia rating
• 7 by Freedom House (worst possible score)
• 1.82 by Economist IntelligenceUnit (very low)
51. The FourTraditions and the Rule
of Law: Socialist Law
• Fails to meet any of the criteria for operating under rule of law
• Absent by design
• Subordinates itself to social policy
• Existing procedural rules are followed or not followed according to
needs of state at moment
• China rating
• 6 by Freedom House
• 3.0 by Economist Intelligence Unit
52. The Convergence of Systems
• As world becomes more complex and interdependent, cultures will
converge
• Results in systems of law coming into contact and becoming more similar
• Resulting in recognition of rule of law and individual rights
• Examples:
• International Court of Justice (World Court)
• European Court of Human Rights
• Does this apply to socialist and Islamic systems?