Chapter 2 Law And Crime 2017 Cengage Learning All Rights Res

Chapter 2law And Crime 2017 Cengage Learning All Rights Reservedle

Analyze the core principles of law, including its key elements, the characteristics of common law, and the role of various legal sources such as constitutions, statutes, administrative rules, and case law. Discuss the adversary system of justice, the evidentiary standards of proof, and the rights of the accused, emphasizing important amendments to the Bill of Rights related to criminal procedure. Compare civil and criminal law, covering their elements, processes, and remedies. Explore the definitions and classifications of crimes, including misdemeanors and felonies, along with their elements like actus reus and mens rea. Examine common legal defenses, such as alibi, mistake of fact, necessity, and insanity. Finally, consider the impact of criminal law on the functioning of courts, including issues like plea bargaining and sentencing.

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Law constitutes a structured set of rules established by human society to regulate behavior, resolve conflict, and maintain order. The fundamental elements of law involve its nature as a body of rules enacted and enforced by public officials in a manner that legitimizes authority and supports its backing by the state’s coercive power (Cengage, 2017). These characteristics form the foundation of Western legal systems and influence the functioning of courts, legislatures, and administrative agencies. Understanding these elements is crucial for comprehending how law shapes societal behavior and adjudication processes.

The origins of American law draw heavily from the common law tradition inherited from England, characterized by judge-made law based on precedents or stare decisis. This principle dictates that courts follow prior rulings in cases with similar facts to promote consistency, fairness, and caution in judicial decision-making (Cengage, 2017). However, modern law also encompasses legislated criminal codes, which are systematically enacted by legislative bodies and codify substantive rules governing conduct. Notably, Louisiana is a unique example among U.S. states, as it follows the French civil law tradition, although it still applies common law principles to criminal cases (Cengage, 2017).

The U.S. legal system recognizes multiple sources of law, including constitutions, statutes, administrative regulations, and judicial opinions. Constitutions serve as the supreme legal document, establishing the framework and principles of government and safeguarding individual rights (Cengage, 2017). Statutes, created by legislatures, provide detailed rules, while administrative agencies issue regulations with the force of law, enforcing policy across various sectors (Cengage, 2017). Court opinions interpret these laws and develop judge-made law, influencing future rulings and legal standards.

The adversary system of justice, predominant in the United States, centers on the contest between prosecution and defense, where each side presents evidence and arguments before an impartial judge or jury. This system emphasizes the burden of proof on the prosecution, which must establish guilt beyond a reasonable doubt—a high standard ensuring protections for the accused. The legal process incorporates safeguards such as cross-examination, presumption of innocence, and evidentiary rules, all designed to prevent wrongful convictions (Cengage, 2017).

Legal standards of proof vary according to the phase of case adjudication. Suspicions may be based on mere intuition or reasonable articulable suspicion, which justify investigative detentions or stops, as established in Terry v. Ohio (1968). Probable cause, a higher standard, is necessary for arrests and searches. Civil cases typically require a preponderance of evidence—meaning more than 50% likelihood—whereas criminal cases demand proof beyond a reasonable doubt, reflecting the seriousness of criminal sanctions (Cengage, 2017).

Integral to criminal justice is the protection of individual rights under due process, guaranteed by amendments such as the Fourth, Fifth, Sixth, and Eighth Amendments. These rights include protection against unreasonable searches and seizures, self-incrimination, double jeopardy, the right to a speedy and public trial, and protection against cruel and unusual punishment. These constitutional provisions ensure that law enforcement and judicial procedures respect fundamental liberties, preventing abuses of power (Cengage, 2017).

Distinguishing civil from criminal law involves differences in purpose, elements, and remedies. Civil law addresses disputes between individuals or entities over rights related to torts, contracts, property, domestic relations, and inheritance (Cengage, 2017). Its primary remedy is compensation or injunctions aimed at restoring rights or preventing harm. Criminal law, by contrast, defines conduct deemed harmful to society, with sanctions including fines, imprisonment, or probation. The essential elements of a crime are actus reus (guilty act), mens rea (guilty intent), specific attendant circumstances, and resultant harm (Cengage, 2017).

Legal defenses serve as a safeguard for defendants, ensuring that guilt is established beyond doubt, and include alibi, mistake of fact, necessity, and insanity. An alibi proves the defendant was elsewhere at the time of the crime, while mistake of fact negates intent. Necessity justifies conduct that prevents greater harm, and insanity defenses argue mental incapacity at the time of the offense (Cengage, 2017). The debate over the insanity defense reflects ongoing societal and legal tensions regarding accountability and mental health.

The characteristics of serious crimes such as murder, assault, or robbery often involve both mental intent and unlawful acts. The case of United States v. Loughner demonstrates how mental health issues interplay with criminal responsibility and legal proceedings. Loughner’s attempts to plead insanity highlight the importance and controversy of mental health defenses, which require psychiatric evaluations and can lead to commitment rather than punishment if successfully proven (Cengage, 2017).

The impact of criminal law on the judiciary is significant, influencing court procedures, plea bargaining, and sentencing practices. Plea bargaining accounts for the majority of criminal convictions, enabling courts to manage caseloads efficiently but raising concerns about justice and fairness (Cengage, 2017). Sentencing guidelines aim to ensure proportionality and consistency but remain subject to debate regarding fairness and the goal of punishment versus rehabilitation.

References

• Cengage, Learning. (2017). Law and Crime. Cengage Learning.
• Devlin, P. (2019). The Nature of Law. Routledge.
• Friedman, L. M. (2015). Legal Procedure: Examples & Explanations. Aspen Publishing.
• Hall, H. L. (2018). American Criminal Justice: An Introduction. Routledge.
• Hart, H. L. A. (2012). Law, Liberty, and Morality. Stanford University Press.
• Schmalleger, F. (2020). Criminal Law and Procedure. Pearson.
• Siegel, L. J. (2016). Criminology: The Core. Cengage Learning.
• Solove, D. J. (2021). Understanding Privacy. Harvard University Press.
• Tyler, T. R. (2017). Why People Obey the Law. Princeton University Press.
• White, R. (2019). Justice and the Legal System. Oxford University Press.