The LAW

1
The LAW

• Dr. Matt Robinson
• CJ 3532
• Injustice in America
• Appalachian State University

2
What is the Law?

• A codified body of rules that tells us
• What we cannot do
• What we must do
• What can happen to us if we break it (punishment)
• The procedures that must be followed to enforce
  it (due process)

3
Law Crime

• Law defines crime
• When legislators feel something is wrong,
  immoral, unethical, harmful, they define it as a
  crime
• Thus, crime is INVENTED by humans
• It does not exist in nature

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The Crime Invention

• Since crime is invented by humans when they make
  the law
• ANYTHING can be a crime (see pp. 52-3, 59-60)
• NOTHING is automatically a crime
• Do you agree with the law?
• Example of something illegal that should NOT be?
• Example of something legal that should NOT be?

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Where do we get the law?

• From where does the law come?
• Example, carjacking (p. 53)
• Defined by Congress / state legislature
• Interpreted by Courts (tells us what it means)
• Other sources of law?

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Where do we get the law?

• But where did mankind get the law (i.e., where do
  ideas of right and wrong come from?)
• God? gods?
• Mother Nature?
• The force?

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• -- Law from a higher source a belief that some
  things are naturally wrong

-- Laws created by mankind
-- Laws that define crime, punishment
(substantive), and set forth due process
(procedural)
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Purposes of the law?

• Ideally, why do we have the law? Do we need it?
• Does it protect us?
• Does it protect certain interests above others?
• Do we agree with it?

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Theories on the purpose of the law

• 1) Consensus view
• Law reflects social interests
• (law comes from us and our view of right and
  wrong)
• Acts we call crime are the greatest threats to us
• People generally agree with the law

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Theories on the purpose of the law

• 2) Conflict view --
• Law reflects limited interests of powerful
• (law comes from them and their view of right and
  wrong)
• Acts we call crime are those committed by
  powerless (street crime)
• People may still agree with the law because the
  powerful also own dominant means of communication

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Theories on the purpose of the law

• 3) Pluralist view --
• Law reflects interests of those who win in
  competition among many interested parties
• (law comes from a battle over right and wrong)
• Acts we call crime are lobbied for by interests
  groups
• People agree and disagree with the law powerful
  usually win but individuals have opportunity to
  change it