SOC 373 Lecture 2: SOC373#2
20 Jan 2019
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Department
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Professor
8. Law on the books vs. Law in Action
-Law on the books: The written rules and principles used in the court system
→ Constitutions, Legislation, Regulations, Court Cases
→ “What behavior is forbidden?” “What is the penalty?”
→ Suggests a justice process with unlimited resources
-- new laws result in new/more cases but often there is no additional
money budgeted to deal with them
→ hierarchy of law on the books
-Law in Action: The application of law in practice; how discretionary decisions are made
by the actors within the context of the formal law. A legal theory that examines the role
of law as it is actually applied in society.
→ We always need to ask “How does this law affect people/society in the real
world?”
→ “Why is the rule needed?” “Will this rule change people’s future behavior?”
→ discretion, police, prosecutors, judges victims, witnesses, jurors
→ Whereas law in book stresses a process geared toward disposing of a large
volume of cases in order to address cases timely
9. Difference between civil and criminal cases (4-5 questions about this)
Criminal: A case requiring a defendant being charged with violating a federal or state
law, against the government
-violations of the criminal law are considered public wrongs, violations of public wrongs
are prosecuted by the government
-The right to remain silent (cannot be forced to testify)
-The right to a trial by jury
→ Due Process: The principal legal doctrine for limiting the arbitrariness of
officials is due process
→ Bill of Rights: Protection from the government
-Incarceration
-Rights of the accused: ensuring that innocent persons are not harassed or wrongly
convicted
→ The need to maintain the respect and support of the community
-Misdemeanor: offense punishable by up to a year in jail
-Felony: offenses with prison sentences of more than a year
-Elements: Before a defendant can be convicted, all the elements of a crime must be
proven beyond a reasonable doubt
-Obtaining an acquittal (not guilty)
→ Method 1: cast doubt, give jury a reason to doubt whether the defendant
committed all elements of the crime charged
→ Method 2: assert specific legal defenses in an attempt to secure an acquittal
-- legal defenses: legally recognized justification for the actions or because
legally they were not responsible for their actions
Civil: Conflicts over failure to pay money owed or injuries caused through negligence
are settled using rules collectively known as civil law (plaintiff v. defendant)
→ suit brought by a private party
Document Summary
We always need to ask how does this law affect people/society in the real. What behavior is forbidden? what is the penalty? . Suggests a justice process with unlimited resources. Why is the rule needed? will this rule change people"s future behavior? . Discretion, police, prosecutors, judges victims, witnesses, jurors. Whereas law in book stresses a process geared toward disposing of a large: law on the books vs. law in action. Law on the books: the written rules and principles used in the court system money budgeted to deal with them. Law in action: the application of law in practice; how discretionary decisions are made by the actors within the context of the formal law. A legal theory that examines the role of law as it is actually applied in society. world? volume of cases in order to address cases timely: difference between civil and criminal cases (4-5 questions about this)
