CJ 3552 Lecture Notes - Lecture 1: Nulla Poena Sine Lege, Criminal Procedure, Herbert Annesley Packer
29 Aug 2016
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Document Summary
The rule of law : an idea or belief that the nation should not be governed by the discretion/decisions of individual government officials, but by law. What is a law: law: system of rules that are designed to regulate/govern behavior that are enforced by a governmental or social institution. What are the functions of law: to provide security. To protect people, places, and things: to protect individual"s rights and liberties, ultimately, to provide some level of social control. Values in american cj: herbert packer: two models of the criminal process. These are not actual systems or theories. Defining vs. identifying crime: defining a crime is separate/different from identifying a crime. Adversarial process: the prosecution and defense should theoretically be equally matched. How to achieve this: efficeincy: high rates of apprehension/conviction. Wants to ensure a good outcome , or a quick conviction of criminals. Law in the united states: each stage screens cases, probability of guilt is determined early.
