CJL 3038 Lecture Notes - Lecture 3: Miranda Warning, Handgun, Procedural Justice

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CJL3038 Module 3.1-3.3
“It is better that ten guilty persons shall go free than one innocent person should suffer.” –
William Blackstone, Commentaries on the Laws of England
Basic Choices: Conflicting Goals
Choice #1: Rights of the individual vs. the common good (rights of society as a whole).
o If agreeing with quote, then you are writing about how you support the rights of
the individual.
o If disagreeing with the quote, then you are writing about how you support the
rights of the common good.
o The law functions to protect both of these rights.
E.g., The law protects citizens from crime, but also protects the accused
from unfair trial.
Want to make sure everything is fair.
Protect society as a whole.
o However, these rights are conflicting in that what is best for the individual or
seems a logical right for the individual isn’t always the best for society.
o Through time, the tension between these two rights is illustrated in legal
decisions.
E.g., Miranda rights.
The reason we read these rights is because we want them to make
sure they are aware of their rights.
Court decided that officers should inform people of these rights
because they are not always aware of them.
Protective of individual rights over society. Making sure our
procedures are fair for each individual person.
o Models of the Criminal Justice System:
Due process model: Places the primary value on the protection of citizens
from possible abuses by the police and law enforcement system generally.
Emphasizes the rights of individuals over society as a whole.
o Protecting citizens from government, police, and law
enforcement.
Ex. The police cannot search your residence without a warrant or
probable cause. Protection of your individual rights.
Assumes the innocence of suspects.
o ‘Innocent until proven guilty’
Burden of proof.
o Rests on prosecution, not defense.
o Reflects the value of individual rights in our system.
o The individual does not have to prove they are innocent,
the state has to prove they are guilty.
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