Law at National, State, and Local Levels Civics and Economics

Types of Laws

Common Law law based on tradition and precedent.

Criminal Law law involving the protection of society and the country; focuses on areas such as murder and treason.

Civil Law law that resolves legal disputes between individuals and between organizations

Constitutional Law law based on federal and state constitutions; usually focuses on rights of individuals

Administrative Law law implemented by government agencies. An example would be when the Food and Drug Administration (FDA) passes a consumer protection law that forces food manufacturers to disclose product information

Statutory Law written law; as opposed to common law, which is unwritten.

International Law international laws, generally passed by international bodies but not necessarily valid for individual nations that reject them.

Tort an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, as opposed to criminal ones. (Some acts like battery, however, may be both torts and crimes; the wrongdoer may face both civil and criminal penalties.

Act a statutory plan passed by Congress or any legislature which is a "bill" until enacted and becomes law

Implementing Laws

Department of Justice Federal law enforcement is organized by the Department of Justice, which is led by the attorney general and controls other U.S. law enforcement organizations such as the Federal Bureau of Investigation (FBI).

State Bureau of Investigation Each state also has a State Bureau of Investigation that enforces law on a more local level. In Washington, D.C., the Secret Service not only protects the president and other leaders, but it also implements security in government buildings.

Media The media informs citizens of public issues, from multiple perspectives, but it is ultimately up to citizens to educate themselves. One way of doing this is through attending public hearings, which inform citizens about laws and give them a chance to respond

Development of Governments

Introduction As civilizations developed, so did their governments. Written laws became more common and more sophisticated. Three well-known sets of laws that show the development of written laws are Hammurabi's Code, the Justinian Code, and the Magna Carta.

Hammurabi's Code is believed to be the first example of written laws. The code was created around 1780 B.C. on stone. It is a set of laws for Ancient Babylon, where Hammurabi was a ruler. The laws deal with both criminal and civil matters, and were displayed in public on a stone monument so that his citizens could not plead ignorance of the law.

Justinian Code During the Byzantine empire, Emperor Justinian ordered legal materials to be collected and made into the basic law in all civil areas. These laws provided the basis of Canon law of the Christian church. The code came in three parts, one called the Servitude of the Jews. This part allowed the emperor to decide internal Jewish affairs, disqualified Jews from public office, and disallowed Jews to testify against Christians.

Magna Carta Created in England, originally because of disagreements between the Pope and King John. The Magna Carta required the kind and aristocracy to renounce certain rights and respect the law of the land—binding the king by law. It was renewed and modified through the 17th and 18th centuries. Most, if not all, common law countries have been influenced by the Magna Carta, making it one of the most important legal documents in the history of Democracy. The U.S. constitution and Bill of Rights were directly influenced by the Magna Carta.

British Common Law law based on tradition or past court decisions rather than written statues impacted US law by establishing the idea of accepting past court decisions as authoritative in cases where no formal law exists or is considered vague

Declaration of Independence principles from the House of Burgesses were used to create this document to declare independence from Great Britain

House of Burgesses Virginia’s House of Burgesses was modeled after British Parliament and became the first representative body of government in the colonies

Mayflower Compact a document which guaranteed the people a voice in government in Massachusetts

The Iroquois Nation’s Constitution stems from the union of the Iroquois tribes of the northeast to make them the dominant tribe. Their union inspired Benjamin Franklin to propose the Albany Plan of Union in 1754 – a plan to strengthen British colonial ties with the Iroquois as well as attempt to imitate what they had accomplished by better unifying the colonies. The plan was rejected, however, some of the principles were a model for the US government that formed later.

U.S. Constitution principles from the House of Burgesses were used to create this document along with the Declaration of Independence which would establish the US government.

Legal Codes: Draconian Laws In 621 BC, a man named Draco drafted the ancient Greeks’ first written code of law. This gave a voice to the common people because it allowed them to appeal to written laws rather than upper-class judges

Moral Codes set of guidelines stating what is morally “right/wrong” and directing people how they should live

Ten Commandments from the Mosaic Law which are recorded in the Bible and have influenced not only Israel, but all societies in which Judaism and/or Christianity have had an impact

Philosophers, Thinkers, and other Influential People Age of Reason Philosophers, Thinkers, and other Influential People

Introduction The Age of Reason is a time period that includes the Age of Enlightenment. It is a time of knowledge and learning, as well as a time of political change. During the Age of Reason, several thinkers and philosophers influenced modern democratic thought and institutions.

John Locke English philosopher who argued a government is only legitimate if it receives the consent of the governed and protects the natural rights of life, liberty, and estate. His idea of a social contract directly influenced American democracy and democratic thought.

Charles-Louis Montesquieu French political thinker who is known for his theory of separation of powers between a legislative, executive, and judiciary branch. Each branch may also be able to place limits on the power of the other two (checks and balances)

American founders the founders of the United States borrowed the above ideas and other, choosing to create an elected, representative government instead of creating a monarchy. This form is often a model for newly democratic countries.

Jean Jacques Rousseau promoted equality, a principle on which the Declaration of Independence was based

Voltaire a French philosopher who supported free speech, freedom of expression, and freedom of religion.

Ideas from the Magna Carta

English Bill of Rights the English Bill of Rights supplements the Magna Carta. The Magna Carta limits the governmental powers of the crown in England, and the English Bill of Rights lists certain constitutional requirements where the Crown must get consent from Parliament before acting.

American Government the Magna Carta has a direct influence on the Declaration of Independence and the U.S. Constitution. The Magna Carta limits governmental powers and also lists the rights of citizens, including legal rights in trials.

Law Enforcement

Introduction Federal, state, and local authorities share responsibilities in law enforcement. The justice system addresses criminal behaviors in different ways, depending on the context and intensity of each crime.

Levels of Law Enforcement

Federal Level Federal law enforcement investigates larger, national crimes; these crimes include kidnapping, espionage, and terrorism. a. FBI: nation’s top law enforcement agency b. Secret Service: protects the president and other public officials. One of its primary tasks is to enforce laws against counterfeiting of US money and/or treasury bonds

State Level State law enforcement extends to enforcing laws on interstate and state highways, and it also involves items like gambling investigation and protecting the governor.

State Bureau of Investigation (SBI) state’s top investigative agency which investigates both criminal and civil cases which fall under its jurisdiction.

State Troopers officers of the state highway patrol and are responsible for enforcing and investigating violations of state traffic laws. Also act as body guards for certain state officials and assist in searches for escaped prisoners

National Guard The state has the national guard as its military force. consists of private citizens who work civilian jobs, but also serve part-time in the military. In times of war or in emergency situations, the president of the U.S. has the authority to “nationalize” the Guard and call them up for military service. For example, President George W. Bush has called up guardsmen to serve in both the War on Terror and to play a role in securing the nation’s borders. Most of the time, however, it is the governor who exercises authority over the National Guard.

Local Level includes controlling city traffic and investigating more localized crime. Federal authorities have been known to assist state police, and the state authorities have also helped local officials. a. sheriff’s department: provides county-wide enforcement for both civil and criminal cases b. cities usually have their own police departments that provide city-wide law enforcement and investigate both criminal and traffic offenses.

Addressing Criminal/Anti-Social Behavior 3 goals

Retribution concerned with punishing a person convicted of a crime. Those who emphasize retribution tend to favor long prison sentences, capital punishment for those who commit heinous crimes, and uncomfortable conditions for prisoners who are incarcerated (i.e. smaller punishments for smaller crimes; serious punishments for serious crimes).

Retribution continued A criminal who has no control over his or her behavior due to reasons of insanity may be confined to a mental institution. A minor (a person under 18) who commits a misdemeanor is likely to have a relatively lenient punishment like a fine, community service, or juvenile detention. The minor might only be sentenced with probation, which places him or her under supervision.

Rehabilitation concerned with transforming criminals into law abiding citizens. Those who favor rehabilitation tend to emphasize the importance of understanding why a person commits a crime, rather than simply punishing them. They promote educational programs, counseling, and job training for those in prison

Deterrence meant to prevent future crimes. Those who favor retribution believe that deterrence is best accomplished by harsh punishments that will discourage people from committing similar offenses in the future. Those who favor rehabilitation believe that the best hope for deterrence is to change criminal behavior and improve socio-economic condition.

Recidivism when someone lapses back into criminal behavior after already going through punishment or rehabilitation. Both advocates of retribution and those of rehabilitation point to the rate of criminal recidivism as justification for their views.

Retribution for Less Serious Crimes

Monetary Compensation In less serious cases, a convicted person might simply have to pay monetary compensation – i.e. a fine, restitution, or compensation

Restitution money or property a person gained as a result of their crime which they must give up

Compensation a defendant is ordered to pay for another’s loss as a result of their crime.

Community Service the court orders the convicted individual to perform a set number of hours working for a charity, cleaning public areas, serving at a city shelter, volunteering for a non-profit organization, etc.

Probation In some cases, the court will punish people by placing them on probation. Instead of going to prison or jail, the court gives convicted persons a set of conditions that they must meet within a certain amount of time. If they do, then they will not have to be incarcerated. If they do not, however, the judge may choose to revoke the probation and send the person to jail or prison.

Retribution for Serious Crimes

Detention Felonies and more serious misdemeanors often involve some form of detention (restriction of a person’s liberty to leave a given location – i.e. police often detain (hold) suspects for questionings). The justice system is generally more strict with adults, those who commit major crimes, and those who have a history of crime.

Examples of Detention House Arrest: sometimes these detentions take the form of house arrests, in which convicted persons are confined to their home and/or designated areas. Often, house arrests are 24 hours/day Example: Martha Stewart

Examples of Detention Incarceration: most common form of detention means a convicted criminal is sentenced to spend time in a particular facility without being free to leave

Types of Incarceration long-term incarceration (a year or more) are usually served in state run prisons Persons who receive shorter sentences (less than a year) often serve them in county administered jails

Parole means a prisoner is released early from prison but is still considered to be serving his/her sentence – usually from good behavior and doing assigned chores. If one violates parole terms, they are sent back to jail or prison Most criminals do not spend their entire sentence behind bars, because most are granted parole.

"three strikes" laws some states use the "three strikes" laws to remove repeat criminals (three or more offenses) from society, sometimes incarcerating them for life.

Confiscation of property confiscation means the state takes a person’s home, money, possessions, etc. as punishment for criminal behavior

Capital Punishment or “Death Penalty” is used in most states to punish the most severe of crimes where they are sentenced to die for their crime/crimes It is used when rehabilitation or long-term incarceration does not seem possible or effective. Usually reserved for those convicted of premeditated murder

Addressing Juvenile Offenses

Juvenile Offenses crimes committed by individuals under a certain age the age differs from state to state, but it usually falls somewhere between the ages of 15 and 19. In North Carolina it is 16.

Juvenile Punishments In some cases, juveniles who commit extremely serious crimes can be tried as an adult. Like adults, courts can sentence juveniles to fines, paying monetary compensation, community service, probation, etc. If a juvenile is sentenced to incarceration, he/she usually goes to a juvenile detention center instead of a prison or adult jail

Juvenile Punishments Boot Camps: an alternative to juvenile detention centers. Boot camps are military-style camps designed to rehabilitate juvenile offenders through instilling discipline and respect for authority

Juvenile Punishment in Schools schools have had to more active stance in dealing with anti-social juvenile behavior today, schools must deal with issues involving guns on campus, illegal drugs, hate crimes (crimes directed at someone because of their race, sexual orientation, etc.), and even terrorist threats schools have had to use harsher penalties, such as long-term suspensions (not allowing students to return to school for extended periods), legal searches of student lockers and backpacks, use of metal detectors, and taking out arrest warrants

Mental Illness in the Criminal Courts

Mental Illness or Criminal Intent? some anti-social behavior is not the product of evil intent, but rather, mental illness Even for worst of crimes, most states allow criminal defendants to plead “not guilty by reason of insanity.” defendants who use this defense must prove that mental illness was the reason for their criminal act if they are found to be mentally ill, or to have been mentally ill at the time of their crime, then the court may confine them to a mental institution where they will hopefully receive the help that they need.

John Hinckley Most famous defendant to successfully plead insanity after he attempted to assassinate President Ronald Reagan in 1981 Was Jodie Foster’s stalker and wanted to impress her by attempting the assassination