Equal Justice under the Law 7th Grade Civics Miss Smith *pgs. 180-183

What is Crime?

Criminal Law Crime- any behavior that is illegal because society, through its gov., considers the behavior harmful to society Criminal law- group of laws that define what acts are crimes and how crimes should be punished Criminal law keeps people from breaking laws and harming others

Civil Law Civil law- group of laws that refer to disputes between people If people cannot solve disputes with others privately, they go to court to settle it A judge and maybe a jury will listen to the case Ex: Judge Judy Civil laws settle personal issues such as: Contract disputes Divorce proceedings Property boundaries What are the two basic categories of laws? Criminal and Civil How do laws both guarantee and limit freedom? They don’t give people the freedom to act in ways that would hurt the freedom of others How does the American political system help citizens influence what will become a law? We elect lawmakers

Sources of Law Statutory law Common law Administrative law Military law Constitutional law

Statutory Law Laws that are passed by lawmaking bodies Congress and state and local govs. Pass these laws Represent what the majority of citizens believe to be right or wrong These laws can adapt to the countries needs Most criminal laws and many civil laws are statutes

Common Law Common law- type of law that comes from judges’ decisions Based on customs, traditions, common sense, and cases that have been decided before Precedent- earlier decision Common law is based on precedent

Administrative Law Laws created by government agencies Cover many areas of daily life, such as: Health safety Education Banking Can you remember some examples from the Independent Agencies and Regulatory Commission lesson? How are statutory law and administrative law different? Statutory law is passed by lawmaking bodies, while administrative law is created by government agencies

Military Law Governs the behavior of members of the armed forces The Uniform Code of Military Justice The backbone of military law Includes laws that are similar to civilian laws Includes laws specific to the military, such as: Desertion, treatment of prisoners, military trial process

Constitutional Law Based on the U.S. Constitution and on the Supreme Court decisions interpreting the Constitution Ex: Gideon v. Wainwright- Supreme Court cases that resulted in the requirement of free legal aid to those defendants who cannot afford to pay for legal representation How are common law and constitutional law similar? Both depend on courts and judges decisions List and describe the sources of law that exist in the U.S. (see sources of legislation How a Bill Becomes a Law notes) Statutory- lawmaking bodies; common- precedent; administrative- gov. agencies; military- uniform code of military justice; constitutional- US Constitution and Supreme Court

Guess Which Type of Law The Supreme Court has just ruled that segregation is illegal Constitutional law The Food and Drug Administration (FDA) has declared it illegal to sell unpasteurized milk Administrative law Florida created a law saying that all public buildings must have wheel chair ramps Statutory law

Guess Which Type of Law If you leave your military station and return home without permission, you are AWOL (absent without official leave), which is illegal Military law Secret is a new app where friends can share info, there is no law saying you can’t admit to committing crimes on it, but a judge finds someone guilty of a crime when presented with evidence from the app Common law

The Roles of the Courts In criminal cases, disputes are between society and an individual In criminal cases, the person accused of the crime (the defendant) has certain rights, such as: Right to an attorney Right to confront the accuser Right to a jury trial The defendant is always presumed innocent The person bringing the charges (the prosecutor or plaintiff) must prove “beyond a reasonable doubt” that the defendant is guilty What rights do people accused of crimes usually have? Right to an attorney, confront accuser, have a jury trial, and appeal a decision

The Roles of the Courts People convicted of crimes can appeal the decision Appeal- process of asking for a review of the court’s decision In a civil dispute, both sides have attorneys or may represent themselves Why do you think the accused is considered innocent until proven guilty? To make sure no one is convicted of a crime without proof What is the purpose of the right of appeal? To make sure that cases are tried fairly and to correct any mistakes that may arise

Explain how laws and the courts protect U.S. citizen’s rights. Close Explain how laws and the courts protect U.S. citizen’s rights.