TYPES OF LEGAL SYSTEMS
1. Civil2. Common3. Religious4. International Law5. Hybrid systems
Rules or standards of behavior that define the way people should or should not act.
Types of law
a. Written law: formal, standarizedb. Mores:written or unwritten, set moral standards of a group/society
Different Control Mechanisms.1. Socialization, internalizing rules and following them, WHEN THIS DOES NOT WORK YOU NEED SOCIAL CONTROL, COHERSION,A. Informal Social Pressure (smaller, primary groups)B. Formal Social Control: Actions by organizations and institutions.
The art of the Administration of Power
2 dimensions: 1 dimensional definition: make someone do something against their will.2 dimensional definition: ability to make someone do something against their will and the ability to change the rules/law.
Sources of power
Violation of a generally accepted social behaviorNO ACT IS INHERENTLY DEVIANT. NOT AN INTRINSIC PROPERTY OF THE ACT
Theories of deviance
Functional/structural: When a society identifies a behavior as a threat. If it is written as a crime, it is a crime. assumption: Institutions are rightConflict Theory:Rules are made and enforced by those in power to maintain power. Inherently unfairSymbolic Interaction: We punish a behavior because it threatens society. Focuses on why the law really punishes people.
INTENTIONAL COMISSION OR OMISSION OF AN ACT WHICH IS A VIOLATION OF THE WRITTEN CRIMINAL CODE FOR WHICH INCARCERATION MAY BE A PENALTY.
COMPONENTS OF A CRIME
a. Intent :MENS REAb. Actc. Behavior must be written as a lawd. Penalty must be stated before
McDonalization of Society
Ritzer states that just as the popular chain McDonals has standarized everything, in the US it is what has been tried to do with evertything... This is being applied to the criminal justice system.....NOT SO POSITIVE, PREDICTABILITY
breaking borders/attacking soveregnity
Challenges for cooperative transnational law enforcement
1. Capital Punishment2. extradition challenged3evidence/data4. legal philosophies
order maintenance, law enforcement, citizen service
History of Police
1481-Chu Dynasty in China: system simmilar to sheriffConcept of what we know as police was created in the 18th century and developed in the 19th and 20th centuryMetropolitan Police Act 1829: Covered the metropolitan area of LondonBoston Police Dept: 1838-1854NYPD- 1845
The authority of police comes from the State, limited by jurisdiction. LEGITIMATE USE OF FORCE.
Punishment to crimes
Before, the most common punishment was execution, after the enlightment the concept of Due process appears.philosophy changes from IRRADICATION-----CORRECTION
Penn system ( adopted by Europeans) Vs. Yard system (Adopted by americans)
USA- COMMON LAW
1. Legal authority: Constitutional Law Statutory law Administrative Law Case Law
USA as Trigubermental
three levels of powerFederalStateMunicipal
Division of Power in Usa
Types of Crimes in USA
Misdemeanors- no more than one year punishmentFelonies-major crimes, more than 1 year of prision.
Police in USA
Descentralized: thereis no federal police, most important component, they are the front of the case.700,000 police49 state police departments.sworn officers "Swear to Constitution not to executive
federaal/state/ localappointed or elected
A lawyer who represents the government in a criminal case and whose job it is to prove the defendant guilty; also called the district attorney or the state's attorney.PROSECUTORS DECIDE IF THE CASE GOES FORWARD OR NOTPROSECUTORS CAN NEGOTIATE-PLEA BARGAINALL CRIMINAL CASES HAVE A CIVIL SIDE