CRM_J 101 Lecture 8: Crm J 101 lecture 8
Document Summary
Law enables and law restricts government authority and power. Law changes, it has a history: common law, statutes legal dicta. Law is a public decision: by legislatures, courts, administrative agencies. Law is not self-executing: it is a human process legal words have to be interpreted and applied. What purposes or functions does the law serve: enforce social control, enact retribution, express public opinion and morality, deter criminal behavior, punish wrongdoing, maintain social order, restore social relations, help establish a just society. Ensure that punishment is proportionate to the seriousness of the offense. Promote respect for law by providing punishment that is just. Offer offenders an opportunity to improve themselves. Make frugal use of the state"s resources. Us legal system is based on common law. Stresses rights of people and obligations of government: due process. Constitution says nothing about police or corrections, a little about courts, but lots about rights: 4, 5, 6, 8 and 14th amendment.