What are the three classifications of the functions of law? Summarize each classification and provide an example of each.
The functions of law fall under social control, dispute resolution and social change. Social control is the regulation of the actions of individuals. Taking into custody an individual who commits crime, such as homicide or robbery, is an example of formal social control. Police officers making the arrest are official enforcers of criminal law and arrest is part of the formal law enforcement process. Dispute resolution is weighing the points raised by disputing parties to arrive at a legal settlement that is binding on both parties. Child custody or property rights are examples of disputes covered by the function of law to resolve disputes. Social change is influencing a shift in the beliefs and actions of citizens. Laws that influence beliefs and actions take the form of a bill passed by the legislature or a precedent interpretation of law by the judiciary. The Equal Pay Act of 1963 is a law that made the wage rate of women equal with that of men for similar work and work conditions. In Brown v. Board of Education (1954), the Supreme Court interpreted laws on racial segregation in schools to be unconstitutional and removed segregation practices in schools. (Champion, Hartley, & Rabe, 2012)
What are the three stages in the evolution of disputes? Explain each stage and the relevance to victimization.
Disputes evolve through the three stages of naming, blaming and claiming. Naming is the stage when an individual realizes that he/she has become a victim of crime. The realization of victimization occurs during and/or after experiencing harm from physical injury, incurring damage to property or discovering loss of property. It is during this stage that the victim starts to consider the possibility of filing a complaint and the nature of the complaint. In the second stage of blaming, the victim identifies the party responsible in making him/her a victim. In identifying the party to blame, the victim now has somebody against whom to file a legal complaint. A victim of physical injury blames the assailant while a victim of lost property blames the thief. After realizing that he/she has been victimized and identifying the person responsible, the third stage of claiming happens when the victim formally expresses his/her grievance through a formal complaint against the person responsible, such as a criminal complaint for physical injuries or a civil complaint for damage against property. At this stage, the victim uses the legal system to act on his/her realization of victimization and identification of the person to blame. (Champion et al., 2012)
What is jurisdiction? Identify and describe the three types of jurisdiction. Give an example of each jurisdiction.
Jurisdiction is the power granted by law to a court to determine a particular case. The three types of jurisdiction are according to subject matter, geography, and hierarchy. Jurisdiction based on subject matter covers court authority based on the issue involved. Real property and personal injury are matters falling under the jurisdiction of state courts while cases involving interstate or international issues cover subject matters within the jurisdiction of federal courts. Jurisdiction based on geographic location refers to court authority based on the territorial boundaries within which the crime took place. A robbery in New Jersey falls within the jurisdiction of the New Jersey Superior Court. Courts in other states do not have the authority to hear this case. Jurisdiction based on hierarchy refers to court authority based on the progress of the case. Criminal complaints are first filed with the trial court. After a decision has been rendered, a party to the dispute can elevate the case to the appellate court. The trial court decides on the merit of the case based on evidence presented. The appellate court rules on issues pertaining to the application of law in the case decided by the trial court. (Champion et al., 2012)
Champion, Hartley and Rabe (2012) give examples of different forms of prosecutorial misconduct. Identify and describe each form. Which of the forms of prosecutorial misconduct do you consider the worst form of misconduct? Why do you feel this way?
Prosecutorial misconduct can take several forms. Coaching witnesses to lie or conceal information is one form. Presenting one-sided evidence to influence a finding of probable cause by a grand jury when evidence may support a contrary decision is another form. Bluffing by intimidating or threatening to file overwhelming charges, to cause an accused to admit guilt to a lesser offense in exchange for dropping other charges or for a lower sentence, is another form. Holding back evidence from the defense is another form. Excluding potential jurors who are likely to sympathize with the defense is another form. Presenting inadmissible evidence, such as unverifiable statements, is also another form. Malicious prosecution is another form that involves filing charges against an innocent person. (Champion et al., 2012) Malicious prosecution is the worst form because it violates the prosecutor’s role of diligently assessing cases and filing charges only with sufficient bases. Filing charges against an innocent person can destroy good reputation, waste government funds, and prevent a complainant from gaining justice had the case been filed against a defendant based on evidence. Moreover, the other forms of prosecutorial misconduct are strategies available to the defense, which could even out the adversarial playing field.
References
Brown v. Board of Education, 347 U.S. 483 (1954).
Champion, D. J., Hartley, R. D., & Rabe, G. A. (2012). Criminal courts: Structure, process, and issues (3rd ed.). Upper Saddle River, NJ: Pearson Education, Inc.
