WEEK 1 - DISCUSSION 1 & 2

Three Branches of Government in Criminal Law

Discuss the authority and responsibilities of the three branches of government in regard to criminal law, and how they differ.

Reference: Criminal Law: Purposes, Scope and Success, Chapter 1, Page 4
Name Duties

Legislative Branch
Laws (including criminal laws) are enacted by the legislative branch.

Executive Branch
Agencies within the executive branch of government to administer and enforce laws.

Judicial Branch
This branch deals with people who are charged with crimes and have a right to be tried before a judge or jury in a court in the judicial branch of government.

Compare and contrast public law and private law, and give two examples which illustrate the difference between criminal law and tort law

DIFFERENCES BETWEEN THE BRANCHES OF GOVERNMENT

Legislative Branch
Deals with laws – Proposals, Passing and Vetoing.
In this branch state governors and U.S. presidents provide leadership on many proposed laws by either issuing support or opposing them.

Executive Branch
Deals with most law enforcement agencies found within the executive branch of government and are charged with the enforcement of criminal laws in addition to performance of other duties.

Judicial Branch
Deals with fact finders (Jury or Judge) to determine the issues in cases presented to them, including the issue of guilt or innocent.

Each branch is separate but works conjunctly as a whole and complements each other.

Public Law

These are the laws or statutes that apply to all people with a state or nation. Also, deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that effects the public order.

Reference: Criminal Law: Purposes, Scope and Success, Chapter 1, Page 4

Reference excerpt from:
http://en.wikipedia.org/wiki/private_law

Private Law
These are the laws or part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts (as it is called in the common law) and the law of obligations (as it is called in civil legal systems).

Reference excerpt from:
http://en.wikipedia.org/wiki/private_law

Criminal Law
These are the laws that deal with acts of criminality. Also, it is defined as the body of rules that define conduct that is not allowed because it is held to threaten, hurt or endanger the safety and welfare of people and that sets out the punishment to be imposed on people who d not obey these laws.

http://en.wikipedia.org/wiki/Criminal_law

Tort Law
These are laws that are used for a noncontractual civil wrong. (Victims of a crime may bring civil actions in civil courts to seek compensation from the defender.
Reference: Criminal Law: Purposes, Scope and Success, Chapter 1, Page 5

Compare and contrast reasons why a person might commit a crime, as opposed to reasons a person would choose not to commit a crime.

Reasons to Commit A Crime
1. Easy gain for money, drugs, power or other objectives
2. Little or lack of moral or ethical restraints
3. Peer Pressure
4. Belief that a person will not be labeled “birds of a feather flock together.”
5. Desire or drive to achieve illegal objective (drugs, addition).
6. Opportunity – combined with capacity and skill

Reference: Criminal Law: Purposes, Scope and Success, Chapter 1, Page 8

Reason to Choose Not to Commit A Crime

1. Consequences of Actions
2. Moral Principles
3. Ethical Concern
4. Influence of peers, friends, associates, religion, community
5. Embarrassment, social structure influence
6. Lack of motive or drive to commit a criminal act or illegal act
7. Lack of opportunity, capacity or skill to commit crime
8. Fear of economic sanction, such as loss of job or promotion, lawsuit and
damages, or loss of license (drivers or liquor license, credential for lawyer,
doctor, nurse and so on).

Give three examples of how society controls undesired behaviors, by means other than laws, and identify what are the strengths and weaknesses for each example. Reference: http://en.wikipedia.org/wiki/Social_control#Applications_of_social_control_theory

Informal Social Control

Strengths
Not Stipulated
Norms, Values, Mores
Utilizes Shame, ridicule, sarcasm
Criticism and disapproval
Social stigma for control

Weaknesses
Not Trackable
Not Enforceable or able to monitor
Correct understanding of usage
Negative affect on self-image

Application of Social Control

Propaganda Theory
Manipulation by mass media
Altering and adjusting of mindsets

Weaknesses
Does not change all mindset
Wavering amount of control

Authoritarian
Censorship
Expulsion
Resentment
Lack of Political Freedom

Totalitarian
Rigid Control
Political Power
Absolute Rule
No Option but to obey

Weaknesses
Lack of interaction between ruler
and subordinates

Formal Social Control
Governmental Action
Legalistic Court System
Criminality Sector
Organizations, Law Enforcement
Mechanism, Sanctions, Fines and Imprisonment

Weaknesses
Slowness of Processing
Paperwork
Tedious/need for accuracy
Enforcement
Lapse of too much time