Media Tool
The Insanity Defense: A Closer Look
XI. LAW ON THE BOOKS VS. LAW IN ACTION
Learning Objective 11: Explain how a “law in action” perspective complements
a “law on the books” approach to studying the criminal courts.
A. Law on the Books
i. The structure of the courts, the legal duties of the main actors, and the
steps in the criminal process are all basic to understanding how the courts
B. Law in Action
i. Law on the books only partially explains how a criminal case unfolds. In
ii. This view stresses the relationship between the various courtroom actors
iii. The law in action perspective also stresses the importance of discretion.
iv. A wide gap exists between legal theory (law on the books) and how that
law is applied (law in action).
v. The criminal process is filled with detours. At each stage officials decide
vi. A law in action perspective helps us understand the dynamics of
courthouse justice.
Class Discussion/Activity 10
Discuss law in action versus law on the books.
Media Tool
Justice and The Courts (2002)
31–32
o Watch the PBS video, which is an interview with the Honorable Judith
Kaye, Chief Judge of the State Court of New York, on the evolution of the
What If Scenario
What if you were the prosecutor of a case in which an angry father named John shot
and killed his ex-wife’s current husband Jimmy for molesting his (John’s) five-year-
old daughter. Would you prosecute John, who had been hailed as a hero in the local
community and in the media? Why?
See Assignment 5
XII. COURTS AND CONTROVERSY
Learning Objective 12: Distinguish between the crime control model of criminal
justice and the due process model of criminal justice.
A. The trial of George Zimmerman illustrates some of the controversies
B. At the heart of the public’s concern about crime has been a debate over the
C. Numerous reforms have been suggested, but no agreement has been reached
as to what changes are in order.
D. In the public dialogue on the issues facing the criminal courts, conservatives
E. Helpful in understanding the controversy over the criminal courts are the
crime control and due process models developed by Herbert Packer (1968).
F. Crime Control Model
i. The most important element in the crime control model is the repression
of criminal conduct. Unless crime is controlled, the rights of law-abiding
G. Due Process Model
i. In contrast to the crime control model, the due process model emphasizes
protecting the rights of the individual.
ii. The key function of the courts is not the speed and finality projected in
the crime control model, but an insistence on careful consideration of
each case.
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iii. The due process model emphasizes the need to reform people through
rehabilitation.
XIII. The U.S. justice system strives to control crime, while simultaneously honoring
the constitutional rights of the accused. The priority of crime control versus due
Media Tool
SCOTUSblog
See Assignment 4
XV. MEDIA DEPICTIONS AND DISTORTIONS OF CRIMINAL COURTS
A. Newspapers dramatize the crime problem.
C. Candidates for public office promise that, if elected, they will get tough on
criminals. Government officials announce bold new programs to address the
crime problem. Some of these programs work but most are not effective.
D. A good deal of the political rhetoric about crime focuses on the criminal
KEY TERMS
administrative regulations: Rules and regulations adopted by administrative agencies
that have the force of law.
adversary system: The burden is on the prosecutor to prove the defendant guilty beyond
a reasonable doubt, and the defense attorney is responsible for arguing for the client’s
innocence and asserting legal protections.
alibi defense: A defense that argues the defendant could not have committed the crime.
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Anglo-American law: U.S. law.
attempt: An act done with the intent to commit a crime; an overt act toward its commission;
attendant (accompanying) circumstances: Conditions surrounding a criminal act—for
example, the amount of money stolen in a theft.
Bill of Rights: The first ten amendments to the U.S. Constitution, guaranteeing certain
rights and liberties to the people.
civil law: Law governing private parties; other than criminal law.
common law: Law developed in England by judges who made legal decisions in the absence
constitution: The first document that establishes the underlying principles and general
laws of a nation or state.
corpus delicti: The essential elements of a crime that the prosecution must prove beyond
a reasonable doubt.
criminal defense: Attempts to cast doubt on the defendant’s guilt.
criminal intent (mens rea): The mental state required for a crime to have been committed.
CSI effect: Heightened juror expectations and demands for scientific evidence as a result
of changes in popular culture brought about by rapid scientific and technological
advances and widespread dissemination of information about them.
due process model: A perspective on the criminal justice system that emphasizes
defenses of excuse: Defenses seeking to excuse acts committed by defendants who should
elements of a crime: Five principles of a crime that are critical to the statutory definition
felonies: The more serious of the two basic types of criminal behavior, usually bearing a
possible penalty of one year or more in prison.
guilty act (actus reus): Requirement that, for an act to be considered criminal, the
individual must have committed a voluntary act that resulted in criminal harm.
judge-made law: The common law as developed in form and content by judges or judicial
decisions.
juvenile delinquency: An act committed by a juvenile, which would be a crime for an
adult.
law: Body of rules enacted by public officials in a legitimate manner and backed by the
necessity: Defense that allows a defendant to argue that his or her conduct should either
procedural defenses: Defenses that focus on compliance with the rules and processes of
the criminal justice system, such as the right to a speedy trial.
procedural law: Law that establishes the methods to be followed in starting, conducting,
statutes: Laws enacted by federal and state legislatures.
substantive law: Law that creates legal obligations. Tort, contract, and domestic
LECTURE NOTES
This chapter addresses the history of changes courts have recognized over time, including
the use of electronic eavesdropping in accordance to the release of inmates through
Discuss the three main components of the criminal justice system: police, courts, and
corrections. These elements have equally important roles that fit together like a puzzle.
Present the normal order of entering and being processed through the criminal justice
system, and discuss what takes place during each step:
2. arrest
4. bail
6. preliminary hearing
8. discovery
10.
plea negotiations
12.
sentencing
Identify the typical actors seen in a courtroom setting:
• Prosecutors. They are the most influential person in the courtroom. They decide
which cases to try, can offer plea-bargains, and carry some influence over bail and
sentencing.
Note the differences between law on the books (laws that are written and official; found
in federal and state constitutions, laws enacted by legislative bodies, regulations issued by
criminals as quickly as possible. The due process model emphasizes the rights of
individuals and aims to maintain a high standard of the innocent-until-proven-guilty
ideal.
The 1950s and 1960s saw a rise in the due process model, as social issues became more
of a concern for many people. However, since the 1970s, the wars on crime, drugs, and
An important element of controversy surrounding courts is the media attention some
cases get. This was seen particularly in the cases of George Zimmerman and Casey
Anthony cases. These cases can be used to show the media influence in courts and can
This chapter discusses the definition of law, which covers four main elements that defines
a law — a body of rules, enacted by public officials, in a legitimate manner, backed by
Focus on explaining how the common law was derived and where it originated. Because
it is now used today in our American society, it is important to explain how it was
Explain the adversary system, which allows for multiple parties to uncover and prove the
truth. This creates a checks and balances system that aims to prevent misuse of the justice
system. Detail the difference between burden of production (producing evidence) and
burden of persuasion (burden of proof).
Expand on the definition of criminal law, recognizing that the main differences in types
POSIBBLE DISCUSSION POINTS FOR CLASS DISCUSSION QUESTIONS
1. Fragmentation and federalism (including the dual court system), descriptions of
the varying criminal justice agencies (courts, corrections, law enforcement).
3. Students should identify prosecutors, defense attorneys, judges, defendants and
their victims, and the roles they play in the courthouse. Students should discuss
4. Students should identify the steps in a typical felony prosecution listed in the
chapter and discuss the different ways that courtroom actors can affect the process
through discretion at each of these points. Example: The prosecutor decides to
5. Judge-made law, precedent, and multiple sources of law.
6. How does the amount of plea-bargaining affect the presumption of innocence?
How does the media affect the presumption of innocence? Does today’s society
assume defendants are innocent until proven guilty?
7. The Fourth, Fifth, Sixth, and Eighth Amendments.
9. Infancy, juvenile delinquency, and insanity. Fairness of punishment for
10. Students should identify the differences and discuss how the existence of
LO 11
ASSIGNMENTS
1. Write a one- to two-page paper describing the different actors in the criminal
justice system and how their roles in the courthouse might result in conflict.
2. Write a report that explains how the courts relate to the other components of the
3. Describe the typical steps in a felony prosecution. Who is the most important
actor in a felony prosecution? Why?
4. Research the crime control model and the due process model of criminal justice.
Which model do you think is best? Why? As a reference, draw upon a current
example of a case you’ve seen in the media lately. What model of punishment
was used in the case you found? Do you agree with it? Have a debate in class
5. Describe, compare, and contrast the law-in-action approach and the law-on-the-
6. Interview a police officer, someone who works in the courts, or a corrections
8. Explain the importance of the adversary system. Identify the possible
consequences of a criminal court without an adversary system.
9. “Exploring U.S. Courts”
10. “International Courts”
11. “The Players in the Courtroom”
12. “Bill of Rights and Criminal Procedure”
13. “Reading a Legal Citation”