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Midterm

CJS test 4 - part 2.docx

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Department
Criminology
Course
CRIM 2652
Professor
Amanda Glasbeek
Semester
Winter

Description
 Official Version of Law (Ngaire Naffine) - the picture law draws of itself - idea about law is best symbolized by the “Blindfolded Maiden” – holds the scale to dispense justice  Official Version of Law 1) Adversarial System - two parties who have a dispute - the law is where we go to find truth among the two - task of the judge is to hear all sides of the story and to make a determination based on the arguments and the evidence which have been presented - judiciary must be a neutral party 2) Separation of Powers (legislature and judiciary) - maintain the first point - judiciary – neutral empires - different ways of achieving answers - maintain the greatest interest of judiciary; public chooses the judiciary - judiciary are accountable to the public - we appoint our judges b/c we want our judges to be noble; pursuit of justice – 10 years of life 3) Rule of Law - most important - everyone is equal subject to the law - law will treat everybody equally - equal impartiality of the law is the foundation in society - chief measure of inequality: for some people 4) Legal Method - cases must be decided on fact not on values - ensure that the application of the appropriate rule will reveal the truth - we will have a set of common rules - scientific method – value free, neutral, objective set of rules to be tested to arrive at a verdict - Stare Decisus/Precedent – stand by legal matter or the rule of precedent; like cases must be treated alike; b/c we have a set of laws to be fair - Decisions Flow Downwards – all decisions flow downwards so once the supreme court has decided on a particular rule, every court below it must follow the same rule 5) Abstract, Universal Subject - key theme emerges – law presents itself - in order to do this, law has to assume a particular subject who comes before it - this subject is removed from real world conditions – like gender, class differences - the legal subjects assume by the legal system of law has no race, gender or class - to make this assumption, the law engages as a double trick – goes one way or the other to arrive where it wants to arrive at, knowing that we do come from different circ
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