Criminology and the Rule of Law

The chapter begins by distinguishing between two types of effectiveeousness. nefarious equity is a formal mover of affable control that uses rules, interpreted and compel by the courts, to assign limits on the make do of the citizens, to guide the officials, and to regulate unacceptable behavior. complaisant police force is a means of settlement conflicts between individuals.It includes somebodyal injury claims (torts), the truth of contracts and property, and subjects such as administrative law of nature of nature and the regulation of unexclusive utilities. The former defines real law, adjective law and due subroutine of law. The text defines the five ideal features of costly woeful laws. They include politicality, specificity, regularity, uniformity, and penal sanction. The origins of barbarous law atomic number 18 explored with a apprise history of law in England and the law of early America.The history of the common law in England is examined with its influence on American law. The issue of constitutional law is discussed. a nonher(prenominal) law such as administrative and regulatory law is presented. The chapter then enters into a broad discussion of rocedural law. It concentrates on the by rightss of the incriminate. The circuit card of Rights is discussed as a prelude to the more or less important amendments in procedural law. The author then explains, in detail, the Fourteenth, Fourth, Fifth, one-sixth and one-eighth Amendments to the U. S.Constitution with corresponding case law citations and brief summaries. The Fourth Amendment deals with the issue of search and seizure. It reads The right of the people to be secure in their someones, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no arrants shall issue, but upon probable amaze, support by Oath or affirmation, and specially describing the place to be searched, and the person or things to be seized. The Fifth Ame ndment deals with the issues of self-incrimination.It reads No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual inspection and repair in time of War or public danger nor shall any person be subject for the same law-breaking to be twice put in Jeopardy of ife or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law nor shall private property be interpreted for public use without Just compensation.The Sixth Amendment deals with the issue of a right to an attorney. It reads In all criminal prosecutions, the accused shall make happy the right to a speedy and public trial, by an impartial Jury of the assign and district wherein the crime shall have been committed which district shall have been previously determine b y law, and to be nformed of the nature and cause of the accusation to be confronted with witnesses against him to have mandatory process for obtaining witnesses in his favor, and to nave the assistance ot instruction tor his detense.The Eight Amendment deals witn issue of cruel and peculiar punishment It reads Excessive bail shall not be required, nor excessive fines imposed, nor cruel and anomalous punishments inflicted. The chapter ends with a discussion of the many miscarriages of Justice. The effectual system of the join States is unique in the world in the number of procedural rights that it rovides people suspected or accused of crimes. The primary reason for procedural rights is to hold dear innocent people from being arrested, charged, and convicted, or punished for crimes they did not commit.One of the basic tenets of the American legal system is that a person is innocent until proven guilty. The chapter deals with these issues and presents some alternatives for refo rm. torment Outline l. Two Types of police venomous law and Civil Law A. miserable law is one of two superior general types of law practiced in the United States (the other is civil law). Criminal law is a formal means of social control that involves the se of rules that interpreted, and are enforceable, by the courts of a political community.The function of the rules is to set limits to the conduct of the citizens, to guide the officials (police and other administrators), and to define conditions of deviance or unacceptable behavior. 1. of the essence(p) Law The body of law that defines criminal offenses and their penalties. 2. Procedural Law Procedural law governs the ways in which the substantive laws are to be administered. B. Ideal Characteristics of the Criminal Law 1. Politicality Specificity 2. Regularity 3. Uniformity 4. Penal authorisation . Criminal Law as a Political Phenomenon C. . Origins of Law Englands Contribution to American Criminal Law Magna Carta a.Creat ing Criminal Laws in the United States D. 1. Constitution and Legislative Bodies greens Law Precedent b. Stare Decisis administrative or Regulatory Agency Decisions mutuality among sources of legal authority . Procedural Law Rights of the Accused A. The Bill of Rights B. The Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants hall issue,