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 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?

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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?