SlideShare une entreprise Scribd logo
1  sur  22
 I am GradyWatts I teach Criminology,
Philosophy, and Humanities for LSC-Cyfair and
University Park. I also teach for Argosy
University, Brescia University and Lamar
University.
 I have a Master of Science in Criminology and a
Master of Arts in Philosophy, two years of law
school and 18 hours toward my Ph.D
 My Professional background is in Philosophy of
law, Legal Ethics, and Criminal Justice ethics
 I love the ALL community! (And, Sarah
obviously).
 MyThesis
 The principles of U.S. Justice System are flawless, but the
application of Justice in the U.S. is terribly flawed, but it is
still the best Justice System in the world.
▪ This is almost a plagiarism ofWinstonChurchill’s view of the U.S.
constitution.
 https://www.google.com/search?newwindow=1&client=firefox-
a&rls=org.mozilla%3Aen-
US%3Aofficial&channel=np&q=winston+churchill%27s+view+of+democracy&oq
=winston+churchill+view+of+&gs_l=serp.1.1.0j0i22i30l3.171086.181726.0.186176
.36.24.0.7.7.3.156.2244.15j8.23.0.eshsj%2Cj%3Dbottom%2Cjnum%3D2%2Cjlen%
3D3%2Cjprob%3D-14...0...1c.1.25.serp-shj..10.26.1886.pWUnw2NNboM
 Currently we have more of our citizens in jail than any
other time in our history, by percentage. Close to 1 in 100
citizens or 2.26 million.
 Law on the books – legal foundations
 ought
 Law in action – applied law
 is
 As a result of the unjust laws in England, the
bill of rights in U.S. Constitution was intended
to avoid past abuses of power.
 But have we come full circle?
 Federalist number 84
 Hamilton when considering the bill of rights
 “For why declare that things shall not be done
which there is no power to do?Why for instance,
should it be said, that the liberty of the press shall
not be restrained, when no power is given by
which restrictions may be imposed?”
 Law on the books (theory)
 Allow Nine guilty to go free before we put one
innocent person in jail.
 Prosecution success rate
 90-95% pre-trial plea bargaining
 90% conviction rate in trial
 100 people charged
 if 90 plead guilty, of the 10 that went to trial, 1 would
win.
 Of those that win an appeal (less than 10%) and
have their case remanded, 90% are still
convicted on retrial.
 Law in action
 99% of those arrested are found guilty
 Law on the books
 Ignorance of the law is no excuse.
 Law in action
 The person that represents their-self has a fool for
a client.
 Innocent until proven guilty?
 “defendants who are alleged to have committed
serious crimes; judges set a very high bail because
they do not want these defendants wandering the
streets before trial.” (America’s Courts and the Criminal Justice System,
DavidW. Neubauer and Henry F. Fradella, 11th edition page 13)
• Law on the books
• Objective
• Applies to all
• Idealistic
• Presumption of
innocence
• Law in action
• Subjective
• Human factors
• Discretion
• Utility
• Plea bargaining
 Law on the books
 A speedy trial is in the public interest
 Law in action
 Each case, based on the court and crime, has a
price and proper time of disposition
 Law on the books
 Prosecutors work for the good of the community,
and they work to punish the guilty.
 Prosecutors should use discretion to protect the
innocent from being tried.
Innocent until proven guilty
 Mike Nifong
 “Just because there is no DNA evidence does not
mean that a crime did not occur”
 Scary, considering it was a rape case!
 https://www.google.com/search?newwindow=1&client=firefox-
a&rls=org.mozilla%3Aen-
US%3Aofficial&channel=np&q=mike+nifong&oq=mike+ni&gs_l=s
erp.1.0.0i20j0l2j0i20j0l6.93159.96932.0.99661.25.14.0.0.0.5.160.13
02.8j5.13.0.eshsj%2Cj%3Dbottom%2Cjnum%3D2%2Cjlen%3D3%
2Cjprob%3D-14...0...1c.1.25.serp-shj..18.7.722.IGMauOxeOxg
North Carolina Duke Lacrosse vs Crystal Mangum
https://www.google.com/search?q=youtube%20arrested%20crystal%20mangu
m&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-
a&channel=np&source=hp
 Thompson was on death row for 14 years
 Prosecutor withheld evidence that might have led
to Thompson’s acquittal.
 Connick admitted on his death bed that he had
withheld evidence.
 https://www.google.com/search?newwindow=1&client=firefox-
a&hs=ruo&rls=org.mozilla%3Aen-
US%3Aofficial&channel=np&q=connick+v.+thompson&oq=connic
k+v&gs_l=serp.1.1.0l9.234047.259677.0.263151.39.20.0.0.0.9.166.1
788.15j4.19.0.eshsj%2Cj%3Dbottom%2Cjnum%3D2%2Cjlen%3D3
%2Cjprob%3D-14...0...1c.1.25.serp-shj..30.9.860.cCKG0l_1Yho
 Is it possible to bridge the gap between our
principles of justice and our legal practices?
 Does the feeling of retributivism make the
endeavor impossible?
 Which version of justice is justice?

Contenu connexe

Tendances

Intimate Partner Violence
Intimate Partner ViolenceIntimate Partner Violence
Intimate Partner Violenceamhall12609
 
Aggression
AggressionAggression
AggressionBailey
 
Cognitive interview
Cognitive interviewCognitive interview
Cognitive interviewmpape
 
Social Psychology 13th Edition Baron Test Bank
Social Psychology 13th Edition Baron Test BankSocial Psychology 13th Edition Baron Test Bank
Social Psychology 13th Edition Baron Test BankQuincyBarker
 
3. Conformity & Obedience
3. Conformity & Obedience3. Conformity & Obedience
3. Conformity & Obediencerossbiology
 
Crime and deviance complete revision
Crime and deviance complete revisionCrime and deviance complete revision
Crime and deviance complete revisionlouisamcdonald
 
Evaluation of trauma patient
Evaluation of trauma patientEvaluation of trauma patient
Evaluation of trauma patientAnkita Singh
 
Pathological Gambling
Pathological GamblingPathological Gambling
Pathological Gamblingiretablog
 
Prosocial Behavior
Prosocial BehaviorProsocial Behavior
Prosocial BehaviorNikhilRai62
 
Does a serial killer’s childhood affect their future
Does a serial killer’s childhood affect their futureDoes a serial killer’s childhood affect their future
Does a serial killer’s childhood affect their futuremrsalcido
 

Tendances (15)

Intimate Partner Violence
Intimate Partner ViolenceIntimate Partner Violence
Intimate Partner Violence
 
Charles Manson
Charles  MansonCharles  Manson
Charles Manson
 
Chapter 18 ap psych- Social Psych
Chapter 18 ap psych- Social PsychChapter 18 ap psych- Social Psych
Chapter 18 ap psych- Social Psych
 
Aggression
AggressionAggression
Aggression
 
Cognitive interview
Cognitive interviewCognitive interview
Cognitive interview
 
Caso forense
Caso forenseCaso forense
Caso forense
 
Social Psychology 13th Edition Baron Test Bank
Social Psychology 13th Edition Baron Test BankSocial Psychology 13th Edition Baron Test Bank
Social Psychology 13th Edition Baron Test Bank
 
3. Conformity & Obedience
3. Conformity & Obedience3. Conformity & Obedience
3. Conformity & Obedience
 
Crime and deviance complete revision
Crime and deviance complete revisionCrime and deviance complete revision
Crime and deviance complete revision
 
Evaluation of trauma patient
Evaluation of trauma patientEvaluation of trauma patient
Evaluation of trauma patient
 
Trait theory
Trait theoryTrait theory
Trait theory
 
Risk assessment of violence
Risk assessment of violenceRisk assessment of violence
Risk assessment of violence
 
Pathological Gambling
Pathological GamblingPathological Gambling
Pathological Gambling
 
Prosocial Behavior
Prosocial BehaviorProsocial Behavior
Prosocial Behavior
 
Does a serial killer’s childhood affect their future
Does a serial killer’s childhood affect their futureDoes a serial killer’s childhood affect their future
Does a serial killer’s childhood affect their future
 

En vedette (7)

Pretty Flamingo
Pretty FlamingoPretty Flamingo
Pretty Flamingo
 
5kl Flamingo
5kl Flamingo5kl Flamingo
5kl Flamingo
 
The Flamingo Show
The Flamingo ShowThe Flamingo Show
The Flamingo Show
 
Flamingo
FlamingoFlamingo
Flamingo
 
Thesis on the Hart-Fuller debate Should Law and Morality be intertwined- Dyla...
Thesis on the Hart-Fuller debate Should Law and Morality be intertwined- Dyla...Thesis on the Hart-Fuller debate Should Law and Morality be intertwined- Dyla...
Thesis on the Hart-Fuller debate Should Law and Morality be intertwined- Dyla...
 
The Hart v Fuller debate
The Hart v Fuller debateThe Hart v Fuller debate
The Hart v Fuller debate
 
Hart fuller debate cont
Hart fuller debate contHart fuller debate cont
Hart fuller debate cont
 

Similaire à Law on the books v law in action w links

Hall Elizabeth Unit Nine Ethic's Project
Hall Elizabeth Unit Nine Ethic's ProjectHall Elizabeth Unit Nine Ethic's Project
Hall Elizabeth Unit Nine Ethic's ProjectElizabeth Hall
 
Compare And Contrast College Essay
Compare And Contrast College EssayCompare And Contrast College Essay
Compare And Contrast College EssayKerri Lee
 
The Wrongful Conviction Of Wrongful Convictions Essay
The Wrongful Conviction Of Wrongful Convictions EssayThe Wrongful Conviction Of Wrongful Convictions Essay
The Wrongful Conviction Of Wrongful Convictions EssayDenise Enriquez
 
Stages%2520of%2520criminal%2520trials%2520week%25206[1][1]
Stages%2520of%2520criminal%2520trials%2520week%25206[1][1]Stages%2520of%2520criminal%2520trials%2520week%25206[1][1]
Stages%2520of%2520criminal%2520trials%2520week%25206[1][1]Mace711
 

Similaire à Law on the books v law in action w links (6)

Hall Elizabeth Unit Nine Ethic's Project
Hall Elizabeth Unit Nine Ethic's ProjectHall Elizabeth Unit Nine Ethic's Project
Hall Elizabeth Unit Nine Ethic's Project
 
Compare And Contrast College Essay
Compare And Contrast College EssayCompare And Contrast College Essay
Compare And Contrast College Essay
 
Chapter 1
Chapter 1Chapter 1
Chapter 1
 
The Wrongful Conviction Of Wrongful Convictions Essay
The Wrongful Conviction Of Wrongful Convictions EssayThe Wrongful Conviction Of Wrongful Convictions Essay
The Wrongful Conviction Of Wrongful Convictions Essay
 
Wrongful Convictions
Wrongful ConvictionsWrongful Convictions
Wrongful Convictions
 
Stages%2520of%2520criminal%2520trials%2520week%25206[1][1]
Stages%2520of%2520criminal%2520trials%2520week%25206[1][1]Stages%2520of%2520criminal%2520trials%2520week%25206[1][1]
Stages%2520of%2520criminal%2520trials%2520week%25206[1][1]
 

Plus de LSC-CyFair Academy for Lifelong Learning

Plus de LSC-CyFair Academy for Lifelong Learning (20)

5 Family Search Apps and Indexing
5 Family Search Apps and Indexing5 Family Search Apps and Indexing
5 Family Search Apps and Indexing
 
4 Family Search Memories
4 Family Search Memories4 Family Search Memories
4 Family Search Memories
 
3 Family Search Research
3 Family Search Research3 Family Search Research
3 Family Search Research
 
2 Editing Family Search and Sources
2 Editing Family Search and Sources2 Editing Family Search and Sources
2 Editing Family Search and Sources
 
1 What is Family Search
1 What is Family Search1 What is Family Search
1 What is Family Search
 
Genealogy Research Websites
Genealogy Research WebsitesGenealogy Research Websites
Genealogy Research Websites
 
Old Occupations
Old OccupationsOld Occupations
Old Occupations
 
Business and Employment Records
Business and Employment RecordsBusiness and Employment Records
Business and Employment Records
 
Immigration
ImmigrationImmigration
Immigration
 
Land - Genealogical Research
Land - Genealogical ResearchLand - Genealogical Research
Land - Genealogical Research
 
Wills & Probate
Wills & ProbateWills & Probate
Wills & Probate
 
Genealogy Research Class - Feb 26
Genealogy Research Class - Feb 26Genealogy Research Class - Feb 26
Genealogy Research Class - Feb 26
 
Genealogy Research Class Feb 26, 2016
Genealogy Research Class   Feb 26, 2016Genealogy Research Class   Feb 26, 2016
Genealogy Research Class Feb 26, 2016
 
Colonial States Information
Colonial States InformationColonial States Information
Colonial States Information
 
Vital Records Online
Vital Records OnlineVital Records Online
Vital Records Online
 
Vital Records Search
Vital Records SearchVital Records Search
Vital Records Search
 
A Cross to Share - Spring 2016
A Cross to Share  -  Spring 2016A Cross to Share  -  Spring 2016
A Cross to Share - Spring 2016
 
Census Forms 1900-1940
Census Forms 1900-1940Census Forms 1900-1940
Census Forms 1900-1940
 
Genealogy Census and Military Records
Genealogy Census and Military RecordsGenealogy Census and Military Records
Genealogy Census and Military Records
 
Birth Death Marriage Certificates by State
Birth Death Marriage Certificates by StateBirth Death Marriage Certificates by State
Birth Death Marriage Certificates by State
 

Dernier

Introduction to AI in Higher Education_draft.pptx
Introduction to AI in Higher Education_draft.pptxIntroduction to AI in Higher Education_draft.pptx
Introduction to AI in Higher Education_draft.pptxpboyjonauth
 
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...EduSkills OECD
 
Presiding Officer Training module 2024 lok sabha elections
Presiding Officer Training module 2024 lok sabha electionsPresiding Officer Training module 2024 lok sabha elections
Presiding Officer Training module 2024 lok sabha electionsanshu789521
 
URLs and Routing in the Odoo 17 Website App
URLs and Routing in the Odoo 17 Website AppURLs and Routing in the Odoo 17 Website App
URLs and Routing in the Odoo 17 Website AppCeline George
 
Mastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory InspectionMastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory InspectionSafetyChain Software
 
CARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptxCARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptxGaneshChakor2
 
Organic Name Reactions for the students and aspirants of Chemistry12th.pptx
Organic Name Reactions  for the students and aspirants of Chemistry12th.pptxOrganic Name Reactions  for the students and aspirants of Chemistry12th.pptx
Organic Name Reactions for the students and aspirants of Chemistry12th.pptxVS Mahajan Coaching Centre
 
APM Welcome, APM North West Network Conference, Synergies Across Sectors
APM Welcome, APM North West Network Conference, Synergies Across SectorsAPM Welcome, APM North West Network Conference, Synergies Across Sectors
APM Welcome, APM North West Network Conference, Synergies Across SectorsAssociation for Project Management
 
Accessible design: Minimum effort, maximum impact
Accessible design: Minimum effort, maximum impactAccessible design: Minimum effort, maximum impact
Accessible design: Minimum effort, maximum impactdawncurless
 
The Most Excellent Way | 1 Corinthians 13
The Most Excellent Way | 1 Corinthians 13The Most Excellent Way | 1 Corinthians 13
The Most Excellent Way | 1 Corinthians 13Steve Thomason
 
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...Marc Dusseiller Dusjagr
 
A Critique of the Proposed National Education Policy Reform
A Critique of the Proposed National Education Policy ReformA Critique of the Proposed National Education Policy Reform
A Critique of the Proposed National Education Policy ReformChameera Dedduwage
 
Contemporary philippine arts from the regions_PPT_Module_12 [Autosaved] (1).pptx
Contemporary philippine arts from the regions_PPT_Module_12 [Autosaved] (1).pptxContemporary philippine arts from the regions_PPT_Module_12 [Autosaved] (1).pptx
Contemporary philippine arts from the regions_PPT_Module_12 [Autosaved] (1).pptxRoyAbrique
 
Incoming and Outgoing Shipments in 1 STEP Using Odoo 17
Incoming and Outgoing Shipments in 1 STEP Using Odoo 17Incoming and Outgoing Shipments in 1 STEP Using Odoo 17
Incoming and Outgoing Shipments in 1 STEP Using Odoo 17Celine George
 
MENTAL STATUS EXAMINATION format.docx
MENTAL     STATUS EXAMINATION format.docxMENTAL     STATUS EXAMINATION format.docx
MENTAL STATUS EXAMINATION format.docxPoojaSen20
 
Micromeritics - Fundamental and Derived Properties of Powders
Micromeritics - Fundamental and Derived Properties of PowdersMicromeritics - Fundamental and Derived Properties of Powders
Micromeritics - Fundamental and Derived Properties of PowdersChitralekhaTherkar
 
_Math 4-Q4 Week 5.pptx Steps in Collecting Data
_Math 4-Q4 Week 5.pptx Steps in Collecting Data_Math 4-Q4 Week 5.pptx Steps in Collecting Data
_Math 4-Q4 Week 5.pptx Steps in Collecting DataJhengPantaleon
 
Solving Puzzles Benefits Everyone (English).pptx
Solving Puzzles Benefits Everyone (English).pptxSolving Puzzles Benefits Everyone (English).pptx
Solving Puzzles Benefits Everyone (English).pptxOH TEIK BIN
 
Introduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher EducationIntroduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher Educationpboyjonauth
 

Dernier (20)

Introduction to AI in Higher Education_draft.pptx
Introduction to AI in Higher Education_draft.pptxIntroduction to AI in Higher Education_draft.pptx
Introduction to AI in Higher Education_draft.pptx
 
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...
 
Presiding Officer Training module 2024 lok sabha elections
Presiding Officer Training module 2024 lok sabha electionsPresiding Officer Training module 2024 lok sabha elections
Presiding Officer Training module 2024 lok sabha elections
 
URLs and Routing in the Odoo 17 Website App
URLs and Routing in the Odoo 17 Website AppURLs and Routing in the Odoo 17 Website App
URLs and Routing in the Odoo 17 Website App
 
Mastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory InspectionMastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory Inspection
 
CARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptxCARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptx
 
Organic Name Reactions for the students and aspirants of Chemistry12th.pptx
Organic Name Reactions  for the students and aspirants of Chemistry12th.pptxOrganic Name Reactions  for the students and aspirants of Chemistry12th.pptx
Organic Name Reactions for the students and aspirants of Chemistry12th.pptx
 
Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝
 
APM Welcome, APM North West Network Conference, Synergies Across Sectors
APM Welcome, APM North West Network Conference, Synergies Across SectorsAPM Welcome, APM North West Network Conference, Synergies Across Sectors
APM Welcome, APM North West Network Conference, Synergies Across Sectors
 
Accessible design: Minimum effort, maximum impact
Accessible design: Minimum effort, maximum impactAccessible design: Minimum effort, maximum impact
Accessible design: Minimum effort, maximum impact
 
The Most Excellent Way | 1 Corinthians 13
The Most Excellent Way | 1 Corinthians 13The Most Excellent Way | 1 Corinthians 13
The Most Excellent Way | 1 Corinthians 13
 
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
 
A Critique of the Proposed National Education Policy Reform
A Critique of the Proposed National Education Policy ReformA Critique of the Proposed National Education Policy Reform
A Critique of the Proposed National Education Policy Reform
 
Contemporary philippine arts from the regions_PPT_Module_12 [Autosaved] (1).pptx
Contemporary philippine arts from the regions_PPT_Module_12 [Autosaved] (1).pptxContemporary philippine arts from the regions_PPT_Module_12 [Autosaved] (1).pptx
Contemporary philippine arts from the regions_PPT_Module_12 [Autosaved] (1).pptx
 
Incoming and Outgoing Shipments in 1 STEP Using Odoo 17
Incoming and Outgoing Shipments in 1 STEP Using Odoo 17Incoming and Outgoing Shipments in 1 STEP Using Odoo 17
Incoming and Outgoing Shipments in 1 STEP Using Odoo 17
 
MENTAL STATUS EXAMINATION format.docx
MENTAL     STATUS EXAMINATION format.docxMENTAL     STATUS EXAMINATION format.docx
MENTAL STATUS EXAMINATION format.docx
 
Micromeritics - Fundamental and Derived Properties of Powders
Micromeritics - Fundamental and Derived Properties of PowdersMicromeritics - Fundamental and Derived Properties of Powders
Micromeritics - Fundamental and Derived Properties of Powders
 
_Math 4-Q4 Week 5.pptx Steps in Collecting Data
_Math 4-Q4 Week 5.pptx Steps in Collecting Data_Math 4-Q4 Week 5.pptx Steps in Collecting Data
_Math 4-Q4 Week 5.pptx Steps in Collecting Data
 
Solving Puzzles Benefits Everyone (English).pptx
Solving Puzzles Benefits Everyone (English).pptxSolving Puzzles Benefits Everyone (English).pptx
Solving Puzzles Benefits Everyone (English).pptx
 
Introduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher EducationIntroduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher Education
 

Law on the books v law in action w links

  • 1.  I am GradyWatts I teach Criminology, Philosophy, and Humanities for LSC-Cyfair and University Park. I also teach for Argosy University, Brescia University and Lamar University.  I have a Master of Science in Criminology and a Master of Arts in Philosophy, two years of law school and 18 hours toward my Ph.D  My Professional background is in Philosophy of law, Legal Ethics, and Criminal Justice ethics  I love the ALL community! (And, Sarah obviously).
  • 2.  MyThesis  The principles of U.S. Justice System are flawless, but the application of Justice in the U.S. is terribly flawed, but it is still the best Justice System in the world. ▪ This is almost a plagiarism ofWinstonChurchill’s view of the U.S. constitution.  https://www.google.com/search?newwindow=1&client=firefox- a&rls=org.mozilla%3Aen- US%3Aofficial&channel=np&q=winston+churchill%27s+view+of+democracy&oq =winston+churchill+view+of+&gs_l=serp.1.1.0j0i22i30l3.171086.181726.0.186176 .36.24.0.7.7.3.156.2244.15j8.23.0.eshsj%2Cj%3Dbottom%2Cjnum%3D2%2Cjlen% 3D3%2Cjprob%3D-14...0...1c.1.25.serp-shj..10.26.1886.pWUnw2NNboM  Currently we have more of our citizens in jail than any other time in our history, by percentage. Close to 1 in 100 citizens or 2.26 million.
  • 3.  Law on the books – legal foundations  ought  Law in action – applied law  is
  • 4.  As a result of the unjust laws in England, the bill of rights in U.S. Constitution was intended to avoid past abuses of power.  But have we come full circle?
  • 5.  Federalist number 84  Hamilton when considering the bill of rights  “For why declare that things shall not be done which there is no power to do?Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?”
  • 6.
  • 7.  Law on the books (theory)  Allow Nine guilty to go free before we put one innocent person in jail.
  • 8.  Prosecution success rate  90-95% pre-trial plea bargaining  90% conviction rate in trial  100 people charged  if 90 plead guilty, of the 10 that went to trial, 1 would win.  Of those that win an appeal (less than 10%) and have their case remanded, 90% are still convicted on retrial.
  • 9.  Law in action  99% of those arrested are found guilty
  • 10.  Law on the books  Ignorance of the law is no excuse.  Law in action  The person that represents their-self has a fool for a client.
  • 11.
  • 12.
  • 13.  Innocent until proven guilty?  “defendants who are alleged to have committed serious crimes; judges set a very high bail because they do not want these defendants wandering the streets before trial.” (America’s Courts and the Criminal Justice System, DavidW. Neubauer and Henry F. Fradella, 11th edition page 13)
  • 14. • Law on the books • Objective • Applies to all • Idealistic • Presumption of innocence • Law in action • Subjective • Human factors • Discretion • Utility • Plea bargaining
  • 15.  Law on the books  A speedy trial is in the public interest  Law in action  Each case, based on the court and crime, has a price and proper time of disposition
  • 16.  Law on the books  Prosecutors work for the good of the community, and they work to punish the guilty.  Prosecutors should use discretion to protect the innocent from being tried. Innocent until proven guilty
  • 17.
  • 18.  Mike Nifong  “Just because there is no DNA evidence does not mean that a crime did not occur”  Scary, considering it was a rape case!  https://www.google.com/search?newwindow=1&client=firefox- a&rls=org.mozilla%3Aen- US%3Aofficial&channel=np&q=mike+nifong&oq=mike+ni&gs_l=s erp.1.0.0i20j0l2j0i20j0l6.93159.96932.0.99661.25.14.0.0.0.5.160.13 02.8j5.13.0.eshsj%2Cj%3Dbottom%2Cjnum%3D2%2Cjlen%3D3% 2Cjprob%3D-14...0...1c.1.25.serp-shj..18.7.722.IGMauOxeOxg
  • 19.
  • 20. North Carolina Duke Lacrosse vs Crystal Mangum https://www.google.com/search?q=youtube%20arrested%20crystal%20mangu m&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox- a&channel=np&source=hp
  • 21.  Thompson was on death row for 14 years  Prosecutor withheld evidence that might have led to Thompson’s acquittal.  Connick admitted on his death bed that he had withheld evidence.  https://www.google.com/search?newwindow=1&client=firefox- a&hs=ruo&rls=org.mozilla%3Aen- US%3Aofficial&channel=np&q=connick+v.+thompson&oq=connic k+v&gs_l=serp.1.1.0l9.234047.259677.0.263151.39.20.0.0.0.9.166.1 788.15j4.19.0.eshsj%2Cj%3Dbottom%2Cjnum%3D2%2Cjlen%3D3 %2Cjprob%3D-14...0...1c.1.25.serp-shj..30.9.860.cCKG0l_1Yho
  • 22.  Is it possible to bridge the gap between our principles of justice and our legal practices?  Does the feeling of retributivism make the endeavor impossible?  Which version of justice is justice?