Unit 6: Making Laws & Legal Process Objective 1 Compare and contrast different types of laws, their purpose, and how they are carried out. Objective 2 Analyze the process of debating and making laws in the different branches and levels of government.

The Basics What is the purpose of law? Keep peace by setting punishments that prevent violent acts Decide how justice will be administered Set rules for deciding disagreements over civil matters What are the characteristics of a good law? Treat people equally under the law (fair) Reasonable Understandable Enforceable

An Ecosystem of Law State of Nature: Fish are friends, not food Schooling fish Which of the above views is Hobbes? Locke?

History of Law Hammurabi’s Code Ten Commandments First written laws. Why is this important? Harsh by today’s standards – ex. Eye for eye, life for life Included both criminal and civil law “Cause justice to prevail in the land / To destroy the wicked and evil / That the strong may not oppress the weak.” Ten Commandments Religious duties – ex. “keep the sabbath” Moral and ethical conduct – ex. “thou shall not steal”

Roman Law English Law Jurisprudence: the study of law Basic principles – ex. Innocent until proven guilty beyond reasonable doubt English Law Common Law: based on traditions and precedent Magna Carta – ex. due process of law, trial by jury of peers English Bill of Rights: power to legislature

Back to the Metaphor Once we get used to government, different elements become key to making it work: Now assign the elements in the tank a label: Constitutional, administrative, statutory, common Bowl, gravel, water, decor

Sources of Law Constitutional Administrative Statutory Common Law Deals with formation, construction, and interpretation of constitutions Rights of citizens, limits on government Administrative Rules and regulations that the executive branch must make to carry out its job Statutory Law written by a legislature The term statute now refers specifically to laws written by state legislatures Common Law Law established by judicial precedent

Types of Law Criminal: Prevents people from deliberately or recklessly harming others or property Felony: serious Misdemeanor: minor Civil: Settles disputes between people when no law has been broken Tort law: injury occurs due to negligence Family law: Examples?

International Juvenile Geographic areas outside of a single country (ex. Oceans) Agreements between two or more countries Geneva (rules of war), Paris Summit (environment), United Nations Tribunals (genocide) Why is international law so complicated? Juvenile Two types of cases: neglect, delinquency What are the main goals of juvenile law?

Influencing Law How do each of these groups affect the lawmaking process in the U.S.? Political Parties Constituents Interest Groups Lobbyists Media Public Opinion www.anonymousartofrevolution.com

From Bill to Law Idea is proposed by members of Congress, lobbyists, political parties, etc. Bill is written up and sponsored by a senator or representative

in committee… Each bill goes to the appropriate standing committee where experts are consulted and amendments are discussed. It can be: passed with no changes passed with changes replaced with an alternative ignored or “pigeonholed” killed

on the floor… Floor Debate: Both houses allow all members to debate the bill and propose changes. There are some different rules in the Senate. Why? Senators can add amendments called “riders” that are unconnected to the bill Senators can filibuster because there are no speaking time limits. They can only be ended by a “Cloture” vote of 3/5 of the Senate. Vote: a simple majority of 51% is needed to pass a bill

to the other house…. Passed bill goes to the other house and starts the process all over again (committee > floor) If changes are made to the bill to pass the second house… Goes to conference committee to reconcile it into one single version Final compromise bill must be approved by both houses

at the White House… The President can Sign the bill into law Veto the bill Can still become law if overridden by a 2/3 vote of both houses of Congress. If not, it dies. Keep the bill for 10 days If Congress is in session, it becomes law, but if Congress adjourns during that time, it dies (this is the pocket-veto). Why not just sign or veto?

Legal Process Objective 3 Compare different law enforcement agencies, courts, and trials at the federal and state levels. Objective 4 Evaluate the degree to which due process has been protected by Supreme Court decisions.

Review… Writ of Habeas corpus Ex post facto laws Bills of attainder Rule of Law Due process Equal protection Double jeopardy Eminent domain Self-incrimination Probable cause Grand jury indictment Appeal

FEDERAL STATE LOCAL Courts/ Judicial Officers U.S. Supreme Court Circuit Cts of Appeals Federal District Cts U.S. Attorney General N.C. Supreme Court Courts of Appeals Superior Court District Courts N.C. Attorney General District Attorneys Public Defenders Law Enforcement Agencies Dept of Justice FBI Marshals Service DEA ATF Homeland Security Secret Service Dept of Public Safety N.C. Highway Patrol N.C. National Guard State Bureau of Investigation (SBI) Dept of Correction Wake County Sheriff Department Raleigh Police Department

Due Process Procedures that must be followed to protect life, liberty, and property 5th Amendment: Federal 14th Amendment: States Can you resist arrest if due process is being violated?

Exclusionary Rule 4th Amendment – must have probable cause or search warrant to search or seize property Mapp v. Ohio Search must be strictly limited to the terms of the warrant Any evidence gained from an illegal search must be excluded from the trial Do you think this is fair?

Miranda Rights Miranda v. Arizona: suspects must be informed of rights at time of arrest, before custodial interrogation takes place Rights included in the warning 5th Amendment: Right to remain silent 6th Amendment: Right to lawyer

Public Defense Gideon v. Wainright When must the government provide a lawyer for someone accused of a crime? Gideon v. Wainright Having a lawyer is essential to due process Public defense must be offered if necessary for any charge that could result in prison time, at the federal or state level

Right to Counsel Video: http://www.constitutionproject.org/publications-resources/defending-gideon/

Capital Punishment Furman v. GA and Gregg v. GA Do you believe that the death penalty violates the 8th Amendment as “cruel and unusual punishment”? Furman v. GA and Gregg v. GA Limitations: Cannot be biased or arbitrary, cannot be used for the mentally ill or juveniles Used by federal government and many states States had to come up with a system to meet constitutional standards In North Carolina?

Types of Crimes Crimes against People vs. Property Murder, manslaughter, assault, battery Theft, Arson, Vandalism, Trespassing Felonies vs. Misdemeanors More or less than 1 year in prison Can vary depending on state and previous record Federal vs. State Federal priorities: Threats to national security like Terrorism or Espionage, Human or Drug Trafficking, Organized crime, Bank robbery, “White-collar” crimes like fraud, Kidnapping, etc. Victimless?

Criminal Cases Arrest Pre-trial Trial Jury selection (voir dire) Proper warrants Miranda warning Access to lawyer Pre-trial Preliminary hearing Charges, bail set Grand jury indictment in felony cases Arraignment, plea: Guilty, No Contest, or Plea Bargain: no trial What are the pros/cons of plea bargaining? Trial Jury selection (voir dire) Evidence and testimony, cross-examination Jury deliberation and verdict Acquit: cannot be retried (double jeopardy) Hung jury: Retrial or prosecution drops charges Guilt: beyond all reasonable doubt Sentencing by judge Can appeal Possibility of parole?

Civil Cases Complaint Pre-trial Trial Plaintiff files lawsuit Defendant summoned Pleadings, counter-suit? Pre-trial Discovery All evidence and witnesses shared on both sides Conference Most end before trial Lawsuit dropped Settle out of court Mediation Arbitration Trial Jury may be requested Evidence and testimony, cross-examination Decision Plaintiff wins: produced a “preponderance of evidence” that defendant caused harm Remedy set: Monetary compensation, injunction issued, rights restored Defendant wins: court costs paid by plaintiff Appeal Either side can appeal for reversal or different remedy

Punishment Why do criminals receive different punishments? What purposes do they serve – punishment, safety, retaliation, deterrence, rehabilitation, etc.? Warning, Fine, Community Service, or Probation? Incarceration or Institutionalization? Minimum or Maximum security prison? Prison with or without possibility of parole? Life Sentence or Death Penalty? Civil remedies? Compensatory damages Punitive damages Injunctions

Juvenile Cases Civil cases: custody, rights, injury Criminal cases: Neglect, Delinquency How do they differ from adult cases? Special courts, officers, and lawyers Closed to public, records sealed, no jury Can start with a petition by school or parent Punishment focused on rehabilitation Stern lecture, special school, correctional facility If neglect is found, court becomes guardian