Page 274 - DMGT519_Conflict Management and Negotiation Skills

Conflict Management and Negotiation Skills

Notes In context of procedural law; procedural rights may also refer not exhaustively to rights to
information, rights to justice, rights to participation which those rights encompassing, general
Civil and Political rights. In environmental law, these procedural Rights have been reflected
within the UNECE Convention on "Access to Information, Public Participation in Decision-
making and Access to Justice in Environmental Matters" known as the Aarhus Convention
Procedural law provides the process that a case will go through (whether it goes to trial or not).
The procedural law determines how a proceeding concerning the enforcement of substantive
law will occur. Substantive law defines how the facts in the case will be handled, as well as how
the crime is to be charged. In essence, it deals with the substance of the matter. Even though both
are affected by Supreme Court opinions and subject to constitutional interpretations, each serves
a different function in the criminal justice system.

Some Basic Rules of Criminal Procedure

Procedural law is exactly what the name implies. It sets out the procedure for how a criminal
case will proceed. Every state has its own set of procedures which are usually written out in a set
of rules called a code of criminal procedure. The basic rules which most jurisdictions follow
include:
1. An arrest must be based on probable cause;
2. A state or federal prosecutor files a charging instrument setting out what you are accused
of doing;
3. You are arraigned on the charges;
4. You advise the court whether or not you are seeking court-appointed counsel;

5. A bond amount will be set in your case;
6. You will be sent notice of a court appearance;
7. If you cannot reach a plea bargain agreement, then your case is set for a pre-trial and trial;
8. If you are convicted at trial, you have the right to appeal.

Punishment Systems Differ

How much detail is required for each phase of the criminal procedures will vary depending on
the nature of your charges and what agency is prosecuting you. For example, Texas has a
bifurcated trial system where first you must be found guilty, and then the jury can hear
punishment evidence. A jury is given a range of punishment to assess in your case. The range of
punishment for a first degree felony is not less than five years and up to ninety-nine years or life.
This is in stark contrast to the federal procedural law. Federal judges assess punishment and are
required to utilize federal sentencing guidelines instead of a wide range system. A federal
defendant's criminal history will be researched and summarized in a report by a federal probation
officer. It's much easier to predict what your sentence will be in the federal system because the
punishment procedures are based on a point system.

Substantive Law and Elements

Substantive law, on the other hand, deals with the "substance" of your charges. Every charge is
comprised of elements. Elements are the specific acts needed to complete a crime. Substantive
law requires that the prosecutor prove every element of a crime in order for someone to be
convicted of that crime. What elements are required will depend on the crime with which you

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