Create Balance Between Individual Rights And Public Order
10/21/09 Crime= conduct that violates criminal law for which there is no legally accepted justification or excuse. The criminal law has to written in order to be violated 1850-1880 crime epidemic and social upheaval caused by immigration Prohibition yrs: Widespread organized crime 1960-1970 War protests Civil rights era increased concern for rights of women and ethnic racial minorities 70-80s FBI data indicate a considerable increase in murders, rapes, and assults Americans demanded law and order In contemporary American society there is a need to: Create balance between individual rights and public order Individual rights and public order ACLU practice for individual rights Individual rights
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Nontestiomonal evidence generally refers to physical evidence including personal items that may be within or part of a person’s body such as: Ingested drugs Foreign objects Blood Medical implants Concerns over-non testimonial evidence involve Right to privacy issues Body cavity searches Electronic eavesdropping Electronic evidence The USA patriot act of 2001 The patriot act of 2001 made it easier for police investigators to intercept many forms of electronic communication The USA patriot act 2 The provisions of the patriot act Contained sunset clauses set to expire in 2005 the 2006 USA patriot act reauthorization 11/9/09 Laws are found in statutory provisions and constitutional enactments as well as hundreds of yrs of ruling by courts at all levels Statutory law = written or codified law on the books as enacted by government body or agency having the power to make laws the written form of criminal law is the penal code Casew law law that results from judicial decisions Judicial precedent Built on legal reasoning and past interpretations of stat law Guides decision making especially in the courts Common law the tradional body of un-written precedents Law Criminal law/penal law Civil law Administrative
Nontestiomonal evidence generally refers to physical evidence including personal items that may be within or part of a person’s body such as: Ingested drugs Foreign objects Blood Medical implants Concerns over-non testimonial evidence involve Right to privacy issues Body cavity searches Electronic eavesdropping Electronic evidence The USA patriot act of 2001 The patriot act of 2001 made it easier for police investigators to intercept many forms of electronic communication The USA patriot act 2 The provisions of the patriot act Contained sunset clauses set to expire in 2005 the 2006 USA patriot act reauthorization 11/9/09 Laws are found in statutory provisions and constitutional enactments as well as hundreds of yrs of ruling by courts at all levels Statutory law = written or codified law on the books as enacted by government body or agency having the power to make laws the written form of criminal law is the penal code Casew law law that results from judicial decisions Judicial precedent Built on legal reasoning and past interpretations of stat law Guides decision making especially in the courts Common law the tradional body of un-written precedents Law Criminal law/penal law Civil law Administrative