America’s Courts and the Criminal

Justice System, 13th Edition

Chapter 1
Courts, Crime, Law,
and Controversy

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Learning Objectives (1 of 2)

1. Describe how the courts are related to the other

components of the criminal justice system.
2. Discuss the major types of courts found in the
United States.
3. Identify the most important actors in the courthouse.
4. List the steps in a typical felony prosecution.
5. List the four key elements defining law.
6. Identify the three key characteristics of common law.
7. Explain the importance of the adversary system.

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Learning Objectives (2 of 2)

8. Name the four amendments of the Bill of Rights

that deal specifically with criminal procedure.
9. Identify the major elements of a crime.
10. Identify some of the most important legal
defenses in American law.
11. Explain how a "law in action" perspective
complements a "law on the books" approach to
studying the criminal courts.
12. Distinguish between the crime control model of
criminal justice and the due process model of
criminal justice.

Copyright © 2019 Cengage Learning. All Rights Reserved.

Copyright © 2019 Cengage Learning. All Rights Reserved.
 Dylann Roof

• What do you know about the Dylann Roof case?

• Other than the court system, who else played a role
in his arrest/apprehension? To what extent?

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Courts and Crime

• Murder and nonnegligent homicide cases account

for less than 1/10 of 1% of all criminal arrests.
• The death penalty is sought in only a small fraction
of murder cases.
• Changes in popular culture affect America’s legal
institutions.
• The CSI effect is a phenomenon where a jury expects
sophisticated forensic evidence in even the most
mundane cases (due to forensic science programs
on television).
• Changes in society end up in courthouses.

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Courts, Controversy, and Justice

• Does the Criminal Law Inhibit Justice as a Function of

Racial Biases?
– Where do you stand on the outcome of the Zimmerman
trial? Why?

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Components of the Criminal Justice
System
• In addition to courts,
the two other main
components of the
criminal justice system
are:
– Police
– Corrections

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Courts and the Criminal Justice System

• Courts are related to the rest of the criminal justice

system as follows:
– Interdependent
 All have different goals, histories, operating procedures.
 All are forced to interact with one another.
– Fragmented
 Corrections encompasses prisons, probation, parole,
drug treatment, and halfway houses.
 Court has many actors including private citizens.

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Tensions and Conflicts

• The structural arrangement of the system can cause

these.
• There can be issues among components of criminal
justice.
• Tensions and conflicts also result from multiple and
conflicting goals.

Copyright © 2019 Cengage Learning. All Rights Reserved.

 An Overview of U.S. Courts

• Dual court system

• Trial Courts
• Appellate Courts
• United States
Supreme Court

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Trial Courts

• Trials are held here, jurors are sworn, and witnesses

are questioned.
– Lower courts: Process felony cases
– Major trial courts: Responsible for final phases of
felony prosecutions

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Appellate Courts

• Review decisions made by trial courts—most often

major trial courts.
– No trials are held.
– No jurors are employed.
– No witnesses are heard.
– Lawyers argue over previous cases.

Copyright © 2019 Cengage Learning. All Rights Reserved.

 U.S. Supreme Court

• Court of Last Resort

– Cases are hand selected
– Hears fewer than 85 cases a year
– Usually only hears cases impacting society as a whole

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Thinking Point: Roe v. Wade

• Roe v. Wade challenged a Texas law that prohibited

abortions except to save a woman's life. The Court
was careful to balance the right of a woman seeking
an abortion with the states' interest in protecting
maternal health and the potential life of the fetus.
– What allows the Supreme Court to hear this type
of case?
– Do you agree that a court should decide the fate
of a woman’s choice?

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Identifying the Actors in the Courthouse

• The most important actors in the courthouse include:

– Prosecutors
– Defense attorneys
– Judges
– Defendants and victims

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Actors in the Courthouse (1 of 2)

• Justice Professionals
– Police (federal, state, sheriff, local, special districts,
private security)
– Lawyers (prosecutors, public defenders, court-appointed
defense lawyers, private defense attorneys, judges, law
clerks)
– Court Support Staff (clerks of court, court reporters,
pretrial services personnel, bailiffs, court administrators,
victim-/witness-assistance program personnel, rape crisis
center)
– Corrections Officials (probation officers, jail employees,
prison employees, drug rehabilitation program personnel)

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Actors in the Courthouse (2 of 2)

• Members of the Public

– Regular Participants (bail agents, reporters, social
services personnel, select expert witnesses)
– Irregular Participants (defendants, victims, witnesses,
jurors, victim advocates)

Copyright © 2019 Cengage Learning. All Rights Reserved.

The Steps in a Typical Felony Prosecution

1. Arrest
2. Initial appearance
3. Bail
4. Grand jury or preliminary hearing (depending on jurisdiction)
5. Arraignment
6. Discovery
7. Pretrial motions
8. Plea negotiations
9. Trial
10. Sentencing
11. Appeal

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Case Close-Up: Brown v. Mississippi

• Race-related murder case of innocent men by

corrupt police
• Confessions based on torture, coercive tactics
– "Free and voluntary" confessions as evidence
• Due process and Fourteenth Amendment

Copyright © 2019 Cengage Learning. All Rights Reserved.

 The Basis of Law

• Basis of Law = Human Conflict

– The four key elements defining LAW:
1. Law is a body of rules.
2. Law is enacted by public officials.
3. Law is enacted in a legitimate manner.
4. Law is backed by the force of the state.

Copyright © 2019 Cengage Learning. All Rights Reserved.

 The Common Law Heritage

• "The law common to the entire land"

– Louisiana is unique among American states and uses
the French system of civil law, but still uses the common
law for crimes.
• The Three Key Characteristics
– Judge-made law
– Based on precedent or stare decisis
– Found in multiple sources "uncodified"

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Judge-Made Law

• Appellate courts are still a very important source of

American law; they are not "making" law, rather they
are "finding" it.
• Constitutional law is still an area that is primarily judge-
made.
• Common law tradition
• Judge-made case law is vital in determining the
meaning of other sources of law

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Precedent

• Stare Decisis
– Translated literally: "let the decision stand"
– Followed previous court decisions with similar facts of
a case
 By following previous court decisions, the system
promotes fairness and consistency in judicial decision
making
 A cautious approach to problem solving

Copyright © 2019 Cengage Learning. All Rights Reserved.

How to Read Legal Citations

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Multiple Sources

• Courts must know how the cases were interpreted, as

well as their location. Sources of American law include:
– Constitutions
– Statutes
– Administrative regulations
– Judge-made law

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Constitutions

• The fundamental rules that dictate how people will be

governed:
– Create guidelines or rules for establishing government
– Establish principles and general laws of a nation or state
(first document)
– Define the powers each branch of government may
exercise

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Thinking Point: Branches of Government

• Consider the three branches of government.

– What are they, and what are the duties of each branch?
• Does your state have its own constitution? If so, take
a moment to read some of the rules/guidelines of your
state.
– Did you locate any that were outdated by modern
standards?

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Statutes

• Statues are rules enacted by state or federal

legislatures and are the product of the legislative
process.
• Local government rules are often called "municipal
ordinances."

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Administrative Regulations

• Administrative agencies are created by, and get their

power to act, from the legislature
– Regulations have the "force of law" the same way a
legislative statute does, and they are often interpreted
by the courts such as:
 Internal Revenue Service
 State boards
 Zoning boards

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Thinking Point: Administrative Policies

• Research the administrative rules and regulations

that apply to your local area.
– What administrative policies do you see? Discuss this
in class.
– Do any of the policies seem limiting to your community?
– Are most of the policies “fair” by modern standards,
or do they need updated?

Copyright © 2019 Cengage Learning. All Rights Reserved.

 The Adversary System (1 of 2)

• Substantive Law: Rules that create legal obligations

– Substantive civil law
 Tort
 Contract
 Domestic relations
– Substantive criminal law
 Robbery
 Burglary
• Procedural Law: Establishes the method of enforcing
these obligations

Copyright © 2019 Cengage Learning. All Rights Reserved.

 The Adversary System (2 of 2)

• Burden of proof is on the prosecutor for the state to

prove guilt beyond a reasonable doubt. Safeguards
include:
– Cross-examination—Sixth amendment
– Diffusion of power
– Presumptions and inferences—sanity and innocence
– Burdens of proof—production/persuasion

Copyright © 2019 Cengage Learning. All Rights Reserved.

 The Rights of the Accused

• Crime prevention must take place without the violation

of individual rights and liberties.
• Restrictions on government power take the form of
rights granted to the accused.
• Key examples include:
– The right to remain silent.
– The right to have a trial by jury.
– The right to counsel in criminal proceedings.

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Due Process

• Broad and elastic meaning

• Fundamental fairness
– A person should always be given notice of any charges
brought against him or her
– A person should be provided a real chance to present
his or her side in a legal dispute
– No law or government procedure should be arbitrary or
capricious

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Bill of Rights

• Criminal Procedure Amendments

– Fourth Amendment: Search and Seizure
– Fifth Amendment: Double jeopardy, self-incrimination
– Sixth Amendment: Speedy, public, fair trial
– Eighth Amendment: Excessive bail, fine, cruel and
unusual punishment

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Introduction to Criminal Law

• Civil law
– Contracts
– Torts
– Domestic relations
– Property
• Criminal law
– Felonies
– Misdemeanors
– Violations

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Elements of a Crime

• Corpus Delicti:
– Actus reus: Guilty act
– Mens rea: Guilty intent
– Union of Act and Intent
– Attendant Circumstances
– Results

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Criminal Defenses

• Alibi defenses
• Mistake of fact
• Necessity
• Defense of justifications (self-defense)
• Procedural defenses
• Defense of excuse (infancy)
• Juvenile delinquency
• Insanity or mental illness

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Law on the Books and Law in Action
(1 of 2)
• Law on the Books: Legal and structural components
of the judiciary
– Constitutions
– Legislation
– Regulations
– Court Cases

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Law on the Books and Law in Action
(2 of 2)
• Law in Action: Focuses on human factors governing
the actual application of law
– Police
– Prosecutors
– Judges
– Victims
– Witnesses
– Jurors

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Courts and Controversy (1 of 2)

• Crime Control Model and Due Process Model

– Discuss the details of the Trayvon Martin case
– The controversy surrounding the case can be compared
through two criminological concepts:
 Crime control
 Due process

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Courts and Controversy (2 of 2)

• The Crime Control Model

– Conservative model
– Proposes harsher penalties
• The Due Process Model of Criminal Justice
– Liberal model
– Advocates social programs aimed at reducing crime
by reducing poverty

Copyright © 2019 Cengage Learning. All Rights Reserved.

 The Crime Control Model

• Individual responsibility
• Self-control
• Discipline
• Quickly determine innocence or guilt
• Informal fact-finding is foolproof
• Speed and finality of courts
• Courts hinder effective law enforcement and
provide inadequate protection to society

Copyright © 2019 Cengage Learning. All Rights Reserved.

 The Due Process Model

• Protects the rights of the individual

• Understands social Influences
• Uses formal fact-finding (careful consideration
of each case)
• Considers the court to find error on the part of
law enforcement and prosecutors
• Considers community-based sentencing

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Thinking Point: Models of Justice

• Jaycee Dugard was kidnapped at the age of 11. By the

age of 15 she had two children by her kidnapper/rapist,
Phillip Garrido. Phillip’s wife Nancy also took part in the
kidnapping. Jaycee was found in 2009 and both Phillip
and Nancy were charged with this crime.
– For this particular crime (the loss of a child’s entire
childhood and mental well-being), which model of
justice would you choose, and why?

Copyright © 2019 Cengage Learning. All Rights Reserved.

 Media Depictions and
Distortions of Criminal Courts
• Most people in the United States learn about the
process of criminal courts through the media
• Advantage: People are able to understand influences
on the outcome of the case, such as:
– Influences of laws on the books
– Influences of law in action
– Influences of law in controversy
• Disadvantage: Media can distort reality to make dull
proceedings seem more dramatic

Copyright © 2019 Cengage Learning. All Rights Reserved.