Anaya Nolan
The American justice system deals with wrongdoing in two ways: civil and criminal cases. While statutes and regulations define many crimes, understanding criminal law requires exploring cases that have interpreted common law, statutory, and constitutional principles. Case law refers to judicial interpretations that are distinct from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In common law countries, including the US, case law is used for judicial decisions of selected appellate courts, courts of first instance, and other bodies with adjudicatory functions. Judges may refer to various types of persuasive authority when deciding a case, such as legal encyclopaedias or the published work of the Law Commission. In criminal cases, courts have helped shape the justice system, outlined what the prosecution must prove to secure a conviction, and defined the strategies defendants can use to protect their freedom. For example, in Santobello v. New York, the prosecution failed to keep a commitment regarding sentencing recommendations on a guilty plea, and the interests of justice required that the judgment be vacated and the case remanded to the state courts for further consideration.
| Characteristics | Values |
|---|---|
| Case Law | Santobello v. New York, Padilla v. Kentucky, Brady v. U.S., McBoyle v. U.S., Commonwealth v. Mochan, Chicago v. Morales, Keeler v. Superior Court, Rogers v. Tennessee |
| Nature of Case Law | Judicial interpretations distinguished from statutory law and regulatory law |
| Use of Case Law | Used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other bodies discharging adjudicatory functions |
| Common Law Countries | UK, US, Canada, Australia, New Zealand, South Africa, Singapore, Ireland, India, Pakistan, Bangladesh, Sri Lanka, Nepal, Bhutan, Israel, Hong Kong |
| Doctrine | Stare decisis, by which most courts are bound by their own previous decisions in similar cases |
| Binding Precedent | Only the reason for the majority decision can constitute a binding precedent, but all may be cited as persuasive |
| Role of Courts | Help shape the criminal justice system, outline what the prosecution must prove to get a conviction, and define the strategies that a defendant can use to protect their freedom |
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What You'll Learn
Criminal vs civil cases
The American justice system addresses wrongdoing through two different types of cases: civil and criminal. Criminal cases are offences against the state, even if an individual is harmed. They are prosecuted by the state in a criminal court. On the other hand, civil cases involve legal disputes between parties. They are handled through civil lawsuits in civil court.
In criminal cases, the burden of proof is on the government. The defendant does not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt. The standard of proof in a criminal trial is high, with the prosecutor bearing a greater burden than in civil trials. The defendant must be found guilty "beyond a reasonable doubt", meaning the evidence must be very strong. Criminal cases also offer considerable protections to defendants, such as protection against illegal searches and seizures. Defendants have the right to an attorney, the right not to incriminate themselves, the right to compel witnesses to testify in their defence, and the right to confront witnesses who testify against them. If a defendant pleads guilty, the judge will usually schedule a later hearing to determine the sentence. If the defendant pleads not guilty, the judge will schedule a trial. A sentence may include prison time, fines, or restitution to victims.
Civil cases, by contrast, require a "preponderance of evidence" showing that there is a more than 50% chance that one of the parties is at fault. If someone loses a civil case, they may be ordered to pay money or return property, but they will not go to jail.
There is some overlap between civil and criminal cases, and the same conduct can sometimes result in both criminal and civil liability. For example, the O.J. Simpson trial led to both a murder trial (criminal) and a wrongful death trial (civil).
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Criminal law protections
Criminal law is a system of laws that deals with crimes and the punishment of individuals who commit them. It defines criminal offences, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment for convicted offenders. The protections afforded to defendants under criminal law are significant.
For instance, the Fourth Amendment to the US Constitution protects an individual's right to privacy, specifically in relation to searches and seizures conducted by government agents. To conduct a lawful search and seizure, a law enforcement official typically requires a valid search warrant, a valid arrest warrant, or probable cause. If an officer finds evidence during a search, the government agent may seize it and use it in the prosecution's case against the defendant. However, if the warrant is later invalidated, the court will likely exclude the seized evidence.
The Fifth Amendment of the Constitution protects people from being a witness against themselves. This is often referred to as "Miranda rights", which a police officer must read to a suspect after an arrest but before questioning.
In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt, and the defendant must be found guilty "beyond a reasonable doubt".
Additionally, there are several defences available to defendants in a criminal case. These include self-defence, defence of property, defence of others, and necessity, sometimes referred to as the "choice of evils".
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Criminal case procedures
The American legal system differentiates between civil and criminal cases. Criminal cases are offences against the state, even if an individual is harmed, and are prosecuted by the state in a criminal court. Civil cases, on the other hand, involve disputes between parties regarding legal duties and responsibilities and are handled through civil lawsuits in civil court.
Criminal cases are initiated by the government, usually through the U.S. Attorney's office, in coordination with a law enforcement agency. Allegations of criminal behaviour should be brought to the attention of local police, the FBI, or another appropriate law enforcement agency. The U.S. Attorney, or prosecutor, represents the United States in most court proceedings, including all criminal prosecutions. The grand jury reviews the evidence presented by the U.S. Attorney and decides whether it is sufficient to require a defendant to stand trial. In a criminal trial, the burden of proof is on the government, which must convince the jury of the defendant's guilt "beyond a reasonable doubt". Defendants do not have to prove their innocence.
During the arraignment, the defendant enters a plea to the charges brought by the U.S. Attorney. Over 90% of defendants plead guilty rather than go to trial. If a defendant pleads guilty, the judge may impose a sentence immediately or schedule a later hearing to determine the sentence. If the defendant pleads guilty in exchange for the government agreeing to drop certain charges or recommend a lenient sentence, this agreement is called a "plea bargain". If the defendant pleads not guilty, the judge will schedule a trial. Criminal cases include limited pretrial discovery proceedings, similar to those in civil cases, but with restrictions to protect the identity of government informants and prevent witness intimidation.
Sentencing in criminal cases may include time in prison, fines to be paid to the government, and restitution to be paid to crime victims. The court's probation officers enforce the conditions imposed by the court as part of the criminal sentence. Offender supervision may involve services such as substance abuse testing and treatment programs, job counselling, and alternative detention options such as home confinement or electronic monitoring.
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Criminal sentencing
In most cases, judges have some discretion when determining a sentence. They can also choose sentencing alternatives, but these are often only available as part of a plea bargain. These alternatives include deferred adjudication or pretrial diversion, where the defendant participates in a rehabilitation program, and unconditional discharge, where the judge finds the defendant guilty but does not order jail time or a fine. Judges can also sentence defendants to probation or issue a suspended sentence, which is usually only available to first-time or low-risk offenders.
Sentencing laws tend to establish maximum sentences and, in some cases, minimum sentences. Mandatory sentences are the result of legislative efforts to address judicial leniency, harshness, or inconsistency in criminal sentencing. The most notable mandatory sentencing laws are the "three strikes" statutes, which require a judge to give a life sentence to anyone convicted of a serious violent felony if they had two prior convictions, one of which was for a serious felony. These laws have been criticised for being disproportionate to the crimes committed and have been challenged as unconstitutional, but most cases have been upheld.
It is important to have a qualified criminal defence attorney involved in your case as early as possible. Attorneys can influence the direction of a case and achieve more favourable criminal sentencing. They can explain the possible sentences and what is typical in certain types of cases. Both sides have a right to a sentencing hearing, where they can argue how they think the judge should apply the sentencing laws and what the appropriate sentence should be. A sentence may include time in prison, a fine, or restitution to be paid to the victim.
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Criminal law and common law
Common law, on the other hand, refers to decisions made based on previous court rulings, also known as case law or precedent. In a common law system, rulings or decisions of courts serve as a precedent for future cases with similar circumstances. The premise of common law is that similar cases should be treated similarly. If there is a dispute between laws, attorneys or judges will refer to past cases to guide their verdict. Over time, common laws can evolve based on changing circumstances or new evidence. In some cases, judges have the authority to create new laws within the framework of common law.
While criminal law focuses on the punishment of criminal behaviour, common law influences how similar future cases are handled by setting a precedent. Criminal cases can become common law when the determination made establishes a fact of law. This precedent can then be used as persuasive authority for the court's decision and as evidence for either the defence or prosecution. For example, in the context of domestic violence, precedents have been set regarding financial abuse as a standalone aspect of family violence, and there are now established criminal procedures in place to address these matters.
It is important to note that the relationship between criminal law and common law is complex and varies across different jurisdictions. In the United States, for instance, common law initially encompassed nine major felonies and various misdemeanours, while today, the U.S. Code is far more extensive, and state criminal codes are highly complex. The interplay between criminal law and common law is further nuanced by the involvement of federal, state, and local legal authorities in criminal cases.
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Frequently asked questions
Case law refers to judicial interpretations of law that are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes.
Case law helps to shape the criminal justice system, outline what the prosecution must prove to secure a conviction, and define the strategies that a defendant can use to protect their freedom.
Some examples of case law in criminal justice include Santobello v. New York, Padilla v. Kentucky, and Brady v. U.S.
Civil law systems differ from common law systems in that they do not follow the doctrine of stare decisis, which means that courts are not bound by their own previous decisions in similar cases.
Yes, an individual can be exposed to both criminal and civil liability for the same act. However, only criminal charges can result in a prison sentence.
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