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Lecture 1

CRJU 313 Lecture Notes - Lecture 1: Ex Post Facto Law, Precedent, Ratio Decidendi


Department
Criminology and Criminal Justice
Course Code
CRJU 313
Professor
William Smith
Lecture
1

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CRJU 313 Day 1
Law and the Judicial Function
Much of what is shown in popular media is misleading
Shiroshima: Wrote the rules of the discovery process. The information that you get from the other side
during the trial.
Law consists of “rules of conduct” that apply to all members of a defined group which are
created by a legitimate lawmaking authority and enforced by the agents of a legitimate
executive authority through the imposition of sanctions decided by an appropriate judicial
authority when violations are alleged to have occurred
In other words, law”
Is typically created by a legislative authority to provide rules to guide human
Is review for
Common Law
Statutory Law
Written law enacted by Congress or the legislative body of a state or municipality
oExamples: Wire Fraud, Terrorism, Embezzlement, and Shoplifting
Statutory offenses, however, often have their roots in the English common law
oEx.: Murder, Rape, and Larceny
Constitution
Only 3 protections given to you in the Constitution that protect you from law enforcement
Law versus Justice
Justice is the equitable outcome of the legal process
The Rule of Law
4 critical principles:
1. A system of government in which all persons including the government are accountable under
the law
2. A system based on fair, publicized, broadly understood and stable laws
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