2025 The Judicial Process
how is law defined and which institutions define law
created by legislature, provide rules, guide conduct, resolve disputes, maintain order
though courts
formal definition
"written body of rules of conduct applicable to all members of a defined community, society,
or culture that emanate from a governing authority and are enforced by its agents by the
imposition of penalties for their violation."
what are the sociological/ political "consensus" an "conflict" perspectives and how do they
relate to law? what is the essential difference between these perspectives? consensus
perspective: society is good, just, providing equal opportunitterm-6y for all
views law as neutral framework for fixing conflicts between ppl who share values. law =
necessary mechanism for controlling behavior harmful to peace, order, stability. individual is
flawed, not the law
conflict perspective: unjust, unequal, discriminatory. society composed of ppl w dif interests
characterized by conflict and dissension
law functions tp preserve power & privilege of most exploitive among us, not to protect the
weak and helpless
what is the relationship of law to justice? law is in accordance with justice when it
respects, cultivates, and protects dignity of even the lowliest person living under it; it violates
justice when it does not
How does Hemmens define the rule of law? (different from lecture) 1. requires nation
to recognize supremacy of certain fundamental values and principles
2. these values and principles must be committed to writing.
a system of procedures that holds the government to these principles and values must be put
in place
what are the key differences between Packer's "due process" and "crime control" model of
criminal justice? What is one thing on which adherents of these models would agree?
view cj system as:
cc model: assembly line
dp model: obstacle course
goal of cj sys:
cc model: controlling crime
dp model: protect rights of defendants
values emphasize:
cc model: efficiency, speed, finality
dp model: reliability
process of adjudication:
cc model: informal screening by police and prosec
dp model: formal adversarial procedures
, focus on:
cc model: factual guilt
dp model: legal guilt
Briefly explain precedent and stare decisis? Are they the same thing? stare decisis:
principle behind establishing the value of prior decisions, or precedent. Stare decisis gives
validity to precedent
precedent: establishes a legal principle, but not ever pronouncement court makes in ruling
establishes precedent. all states bound to follow decisions of highest court in state
What is "judicial review"? court has power to examine a law and determine if it is
constitutional
Why is Marbury v Madison decided in 1803, considered to be the most important case ever
decided by the United States Supreme Court it established the authority of the high court
(Supreme Court) to engage in judicial review of the other branches of government
According to the text, what are the two primary functions of courts in the criminal justice
system adjudication and oversight
adjudication is to process defendant who have been arrested by police & formally charged w
criminal offenses.
oversight is done by the courts over the criminal justice system to watch actions of officials
describe the primary sources of law judge made law (common law)
statutory law (constitution, statutes, ordinances, administrative regulations
describe and compare the reasons for the adoption of the Bill of Rights and the
Reconstruction Amendments Bill of Rights include 23 specific individual rights. It was
added because citizens during the time feared the lack of individual rights, and how under the
kings control many rights were limited by the federal governmemt.
the reconstruction amendments (13th, 14th, 15th,) was passed after the civil war in order to
protect the freed slaves from abuse by the southern states
Describe rights influenced in the first through 10th amendments 1st amendment: freedom
of speech, religion, press, assembly.
2nd amendment: right to keep and bear arms
3rd amendment:
forbids housing of soldiers in private homes without consent
4th amendment:
forbids unreasonable searches and seizures by law enforcement. requires probable cause
before arrests or search warrants.
5th amendment: right to indictment by a grand jury, prohibition of double jeopardy, right to
due process of law, privilege against self incrimination
6th amendment:
right to a speedy trial, right to a public trial, right to a trial by an impartial jury, right to notice
of the charges against oneself, right to representation by counsel, right to confront the
witnesses against oneself
how is law defined and which institutions define law
created by legislature, provide rules, guide conduct, resolve disputes, maintain order
though courts
formal definition
"written body of rules of conduct applicable to all members of a defined community, society,
or culture that emanate from a governing authority and are enforced by its agents by the
imposition of penalties for their violation."
what are the sociological/ political "consensus" an "conflict" perspectives and how do they
relate to law? what is the essential difference between these perspectives? consensus
perspective: society is good, just, providing equal opportunitterm-6y for all
views law as neutral framework for fixing conflicts between ppl who share values. law =
necessary mechanism for controlling behavior harmful to peace, order, stability. individual is
flawed, not the law
conflict perspective: unjust, unequal, discriminatory. society composed of ppl w dif interests
characterized by conflict and dissension
law functions tp preserve power & privilege of most exploitive among us, not to protect the
weak and helpless
what is the relationship of law to justice? law is in accordance with justice when it
respects, cultivates, and protects dignity of even the lowliest person living under it; it violates
justice when it does not
How does Hemmens define the rule of law? (different from lecture) 1. requires nation
to recognize supremacy of certain fundamental values and principles
2. these values and principles must be committed to writing.
a system of procedures that holds the government to these principles and values must be put
in place
what are the key differences between Packer's "due process" and "crime control" model of
criminal justice? What is one thing on which adherents of these models would agree?
view cj system as:
cc model: assembly line
dp model: obstacle course
goal of cj sys:
cc model: controlling crime
dp model: protect rights of defendants
values emphasize:
cc model: efficiency, speed, finality
dp model: reliability
process of adjudication:
cc model: informal screening by police and prosec
dp model: formal adversarial procedures
, focus on:
cc model: factual guilt
dp model: legal guilt
Briefly explain precedent and stare decisis? Are they the same thing? stare decisis:
principle behind establishing the value of prior decisions, or precedent. Stare decisis gives
validity to precedent
precedent: establishes a legal principle, but not ever pronouncement court makes in ruling
establishes precedent. all states bound to follow decisions of highest court in state
What is "judicial review"? court has power to examine a law and determine if it is
constitutional
Why is Marbury v Madison decided in 1803, considered to be the most important case ever
decided by the United States Supreme Court it established the authority of the high court
(Supreme Court) to engage in judicial review of the other branches of government
According to the text, what are the two primary functions of courts in the criminal justice
system adjudication and oversight
adjudication is to process defendant who have been arrested by police & formally charged w
criminal offenses.
oversight is done by the courts over the criminal justice system to watch actions of officials
describe the primary sources of law judge made law (common law)
statutory law (constitution, statutes, ordinances, administrative regulations
describe and compare the reasons for the adoption of the Bill of Rights and the
Reconstruction Amendments Bill of Rights include 23 specific individual rights. It was
added because citizens during the time feared the lack of individual rights, and how under the
kings control many rights were limited by the federal governmemt.
the reconstruction amendments (13th, 14th, 15th,) was passed after the civil war in order to
protect the freed slaves from abuse by the southern states
Describe rights influenced in the first through 10th amendments 1st amendment: freedom
of speech, religion, press, assembly.
2nd amendment: right to keep and bear arms
3rd amendment:
forbids housing of soldiers in private homes without consent
4th amendment:
forbids unreasonable searches and seizures by law enforcement. requires probable cause
before arrests or search warrants.
5th amendment: right to indictment by a grand jury, prohibition of double jeopardy, right to
due process of law, privilege against self incrimination
6th amendment:
right to a speedy trial, right to a public trial, right to a trial by an impartial jury, right to notice
of the charges against oneself, right to representation by counsel, right to confront the
witnesses against oneself
