LAW SOURCES OF LAW LAW CRIMINAL LAW-TYPES OF CRIME THE AMERICAN LEGAL SYSTEM CIVIL CASES CRIMINAL CASES JUVENILE CASES

SOURCES OF LAW ■ Code of Hammurabi – 1760 B.C. Babylonian King; based on an eye for an eye. ■ Roman Law – 450 B.C. – evolved into the Justinian Code – these laws became basis for Canon Law (Roman Catholic Church). Eventually updated by Napoleon (Napoleonic Code). ■ English Law – based on common law. Precedents used to establish consistency in court rulings.

LAW The Need for Law ■ Social Norms – shared expectations of behavior placed on persons by a social group. ■ Laws – rules & regulations that define the rights & obligations of citizens of a state or nation. ■ Societies need laws for protection & order. Components of Good Laws ■ Fair – equal treatment ■ Reasonable – punishment fits the crime ■ Understandable – not too complicated. ■ Enforceable – government can enforce, people will obey. Types of Law ■ Constitutional Law – involves rights guaranteed by the Constitution, or spelled out by Congressional Legislation. ■ Administrative Law – rules & regulations that government agencies of the executive branch must issue to carry out duties. ■ Statutory Law – laws that regulate behavior. ■ International Law – involves military & diplomatic treaties, trade regulations, and international agreements.

CRIMINAL LAW - TYPES OF CRIME Criminal Law ■ Criminal Law – laws that seek to prevent people from deliberately or recklessly harming each other or other’s property. ■ Felony – serious crime, punishable by possible prison sentence. ■ Misdemeanor – less serious crime, usually punishable by a small fine. Civil Law ■ Civil Law – involves disputes between people or groups of people. ■ Lawsuit – legal action in which a person sues to collect damages for harm. Types of Crime ■ Predatory Crime – victimizing a person or their property. ■ Illegal Service Crime – involves a relationship between a buyer and a seller, and an illegal product or service. ■ Public Disorder Crime – crime that is legal in private, but in public. ■ Crimes of Negligence – careless, thoughtless behavior. ■ White Collar Crime – crime that is committed usually on the job, and by a respectable member of the community.

THE AMERICAN LEGAL SYSTEM ■ Law & Precedents – Courts use previous court rulings and law as basis for rulings. (Stare Decisis) – “let the decision stand” ARTICLE I, SECTION 9 – US CONSTITUTION POWERS DENIED TO CONGRESS ■ Writ of Habeas Corpus – person must be brought to court and explain why suspect is being held. ■ Bills of Attainder – may not pass laws that deny a person of the right to trial by jury. ■ Ex Post Facto Laws – cannot be punished for an act that is not against the law at time of action.

4 th Amendment ■ Search Warrant - Police must obtain a search warrant from a judge. - Police show Probable Cause - Any evidence obtained illegally cannot be used in court. (Mapp v Ohio)

5 th Amendment ■ Due Process of Law - Cannot deny a person of life, liberty, or property without following procedures to convict a person of a crime. ■ Self-Incrimination - Have the right not to answer questions that can be used against you in court. - Illegal confessions cannot be used in court. (Escobedo v Illinois) - Must inform you of these rights. (Miranda v Arizona) ■ Double Jeopardy - If found not guilty. Cannot be tried for crime again. ■ Grand Jury - Screens evidence to see if enough to indict. (Formally Accuse)

6 th Amendment ■ Right to an Attorney - Must be provided counsel. - Must be informed of this right. (Miranda v Arizona) - If you cannot afford, one will be appointed. (Gideon v Wainwright) ■ Be Informed of Charges - Must be told what you are accused of doing. - What evidence the government has that you have done this. - Taken before a judge. (Writ of Habeus Corpus) ■ Fair & Speedy Trial - Must be done in a timely fashion ■ Impartial Jury - Jurors must not know about case, or person on trial. - Jurors must be representative of the community.

8 th Amendment ■ Cruel & Unusual Punishment - Punishment should fit the crime. - Bail & Fines – Should not be excessive. ■ Death Penalty - Has been questioned in many cases. - Generally upheld for 1 st degree murder. - Only certain types of executions upheld.

14 th Amendment ■ Equal Protection - All laws must apply to people regardless of differences. - Race, Religion, Gender, Sexual Orientation ■ Court Cases & Current Events - Plessy v Ferguson - Brown v Board of Education - Heart of Atlanta Motel v US - University of California v Bakke - Gay Marriage - Immigration Issues

CIVIL CASES STEPS IN A CIVIL CASE 1)Complaint – plaintiff/defendant, describes suit. 2)Summons – sent by court to defendant. 3)Discovery – find evidence in the case by both the defendant and the plaintiff. 4)Settlement – either side has a chance to settle the issue before going to court, or use an arbitrator. (Most cases decided before court) 5)Trial – Right to a jury, most decided by judge. 6)Appeal – if defendant loses, has right to appeal.

CRIMINAL CASES Arrest ■ Police arrest & book suspect. Preliminary Hearing ■ Suspect appears before a judge. ■ Bail is set. Indictment ■ Grand jury (or judge) hears evidence & formally charges the suspect with the crime. Arraignment ■ Defendant pleads not guilty. ■ Trial date is set. ■ Defendant plead guilty & accepts a plea bargain. Trial Prosecution & defense present cases to jury/judge Jury/Judge reaches a verdict. Acquittal Defendant found not guilty or goes free. Sentencing Defendant found guilty. Judge Sentences Defendent

JUVENILES & THE COURTS ■ Juvenile – a person under the age of 18. ■ Juvenile Delinquent – persons under 18 who commit crime. Goal of the Juvenile Justice System Rehabilitation – help young person correct behavior. Types of Cases ■ Neglect – caregivers abuse or do not care for juvenile. ■ Delinquency – juvenile commits crime. Juvenile Trials ■ No trial by jury & trials are closed to the public. ■ Once juvenile completes probation, the charges are dropped and removed from their record.