Equal justice under the law The Judicial Branch Equal justice under the law

Laws for the good of all We enjoy freedom because we have laws to protect our rights System of law provides us with predictable rules we must live by Without such a system, we would fall into a state political disorder anarchy

Laws for the good of all Laws usually represent the majority will When voters voice their opinions on issues, laws can be passed, changed, or repealed Laws grow and adapt to the country’s needs

Laws for the good of all All U.S. citizens have a duty to know and obey the law Particularly concerning activities he or she undertakes Learning and obeying the laws is practicing good citizenship

Different kinds of laws Statutory laws- laws passed by lawmaking bodies Congress and state/local governments I.e. State laws that require fire exits in every building; laws that require you to wear a seatbelt and use headlights in bad weather while driving

Different kinds of laws Common Law- A type of law that comes from a judge’s decision No existing statutory law concerning a specific situation Generally created using common sense/accepted ways of behavior in response to a specific situation if there was no law in place before i.e. what happens if an early motorists driving at top speed crashes into a horse- drawn buggy? Most common law are passed as statutory laws so all citizens may know it

Different Kinds of Laws Administrative laws- laws created by government agencies These laws affect our daily lives the most Regulatory laws that determine the quality and safety of consumer products and services Houses, goods, automobiles, etc. etc. Food sanitation, health services, etc. etc.

Different Kinds of Laws Constitutional Law- based on the Constitution and the Supreme Court decisions interpreting the constitution First ten amendments

Roles of the Court Courts use laws to settle disputes Between people Between people and govt. Between governments Laws must be enforced fairly, and any accused person must be given a fair public trial U.S. law assumes a person is innocent until proven guilty Trial in court is the way to determine if a person is innocent or guilty

The right to a fair trial Right to have a lawyer- all persons accused of crimes facing a jail sentence are entitled to the services of a lawyer Courts will appoint and pay the fees of a public attorney if one cannot afford a lawyer Right to be released on bail- bail is money deposited with the court for your release from jail in exchange for promising you will show up for court Judge sets the amount of bail appropriate to the crime (remember 8th Amendment?) Persons accused of serious crimes may be denied bail and kept incarcerated

The right to a fair trial Indictment by a grand jury- must be enough evidence to justify bringing someone to court This decision is left up to the grand jury Grand jury examines evidence against the accused, questions witnesses, investigates the facts If grand jury agrees there is enough evidence against the accused, that person is indicted, or formally accused of a crime

The right to a fair trial Right to a trial by jury- Seventh amendment guarantees an accused person the right to be tried by a trial jury Jurors are people who live in the community Serving jury duty is a “duty” of citizenship! Jury must reach a unanimous verdict (decision) If the jury cannot reach a verdict (hung jury), a new trial is held

The right to a fair trial Innocent until proven guilty- burden of proof rests on the prosecutors Must prove “beyond a reasonable doubt” the accused person is guilty Accused persons cannot be forced to testify against themselves (5th Amendment) Their lawyers also cross-examine other witnesses testimonies to make sure they are accurate Accused persons have the right to call their own witnesses to come to their defense

The right to a fair trial Right of appeal- right to ask for a review of the court’s decision Courts are made up of humans- they sometimes make mistakes Ensures cases of convicted individuals were tried fairly

? Why do we enjoy the freedoms we do? What do laws represent and what is our duty concerning them? List the four main kinds of laws we have in the u.s. What is the main role of the courts? Explain how the following protect our right to a fair trial: Right to have a lawyer Right to be released on bail Indictment by a grand jury Right to a trial by jury Innocent until proven guilty Right of appeal