Unit 6 Chapters 15 and 16 in the textbook Citizens and the Law Unit 6 Chapters 15 and 16 in the textbook

I. What is the source of our laws? A. Ten Commandments—Moral code found in the Old Testament that was followed by the Israelites and is part the basic tenets of Judaism and Christianity B. Code of Hammurabi 1. Written code of law in ancient Babylon (2000 B.C.) 2. Established code of conduct and punishments for breaking the code

I. What is the source of our laws? C. Justinian Code 1. From the Roman Empire during the sixth century 2. Established by Emperor Justin I in an effort to simplify a very complex legal code D. Napoleonic Code 1. From the Emperor Napoleon Bonaparte of France in the late 18th century 2. Principles taken from the Justinian Code

I. What is the source of our laws? E. Common Law 1. From the British Empire beginning in the 12th century when the King sent judges throughout the country to try cases 2. Decisions in these cases established a “precedent” for all similar cases in the future.

I. What is the source of our laws? F. American Legal System based on the U.S. Constitution 1. Iroquois Constitution 2. US Constitution is Supreme law of the land in US

II. Legal Rights of Persons Accused of Crimes A. To be granted habeas corpus (suspect cannot be held without a hearing) B. To be informed of the nature of the charges against them C. To be represented by an attorney (Gideon v. Wainwright) D. To refuse to answer questions that may be incriminating (5th Amendment and Miranda v. Arizona) cannot be used to protect others; suspect could be held in contempt of court

II. Legal Rights of Persons Accused of Crimes E. To have grand jury hearing F. To have a speedy and public trial G. To have a trial by an impartial jury (petit jury). 1. The accused can waive this right in favor of a bench trial in which there is no jury. Instead, the judge hears and decides the case

Journal: Friday 11/7 Using the Green book pages 196-197, define the following terms: Statutory law Constitutional law Criminal (penal) law Civil law Administrative law International law Take out Unit 6 notes

II. Legal Rights of Persons Accused of Crimes H. To hear and question opposing witnesses during trial I. To subpoena their own witnesses J. To be protected by double jeopardy K. To appeal a verdict or sentence to a higher court L. To have equal protection under the law

II. Legal Rights of Persons Accused of Crimes M. To be free from a Bill of Attainder N. To be free from ex post facto laws O. Need probable cause for search warrant

III. Fighting for Extension of Rights A. The Civil Rights Act of 1964 a. banned discrimination in employment, voting, and public accommodations b. banned discrimination by race, color, sex, religion, and national origin B. The Voting Rights Act of 1965 a. forced states to adhere to 14th, 15, and 24th Amendments b. African-American voter registration rose sharply!

III. Fighting for Extension of Rights C. Affirmative Action (special steps to help minority groups—including women—gain access to jobs and opportunities that were denied them in the past because of discrimination) 1. The governments must give priority to hiring and promoting women and minorities in certain areas. 2. Was intended to be a temporary measure to help minority groups reach same economic levels as white males.

III. Fighting for Extension of Rights D. “Equal Protection Under the Law” is a right guaranteed by the 14th Amendment 1. Every citizen of the United States has the same rights as every other citizen 2. States cannot pass laws to violate this principle

IV. Types of Laws A. Civil Law—laws concerning disputes between people (or groups of people) or between the government and its citizens. Cases decided by a jury (7th Amendment) 1. Example—you slip and fall on ice in your neighbor’s driveway. If you are injured, you can sue him for damages in a lawsuit

IV. Types of Laws 2. The party who files the lawsuit is the plaintiff a. Plaintiff files a complaint 3. The party who is being sued is the defendant A. Receives a summons to court

IV. Types of Laws 3. Types of civil cases a. Can involve breach of contract in which the plaintiff argues that the defendant violated a written or oral agreement b. Can involve property disputes c. Can involve family matters (divorce) d. Can involve negligence e. Can involve personal injury f. Can involve suits of equity--lawsuits that seek fair treatment in a situation where there is no existing law to decide the matter

IV. Types of Laws B. Constitutional Law—laws found in the U.S. Constitution C. Administrative Law—all laws of the rules and regulations that the executive branch of government must make to carry out its job

IV. Types of Laws D. International Law—laws that affect the United States and other Nations (Example—Canada and the U.S. are in dispute over fishing rights in the territorial waters of either nation. ) E. Statutory Law—laws established by local governments (city or county) that establishes codes, ordinances, or statutes for citizens at the local level.

IV. Types of Laws F. Common Law—laws based on precedent. G. Criminal Law—laws that seek to prevent people from deliberately or recklessly harming others or their property 1. Enforced by police; penalties imposed by criminal courts 2. Who decides what constitutes a crime? a. National Level—Congress b. State Level—State Legislature c. Local Level—City Councils and County Commissioners

V. Criminal Cases A. Types of Crimes 1. Crimes against people a. Assault—attack on a person for the purpose of causing injury b. Homicide—killing someone c. Murder—killing that is premeditated d. Manslaughter—killing that happens unintentionally

V. Criminal Cases 2. Crimes against property a. Larceny—unlawful taking of property without using violence b. Robbery—theft by force or threat of violence c. Burglary—breaking and entering with the intent to commit a crime d. Arson—setting fire to someone’s property e. Vandalism (deliberate destruction of property)

V. Criminal Cases 3. White-collar Crime—crimes committed professionals who steal money from their employer or clients a. Embezzlement—stealing from an employer b. Fraud—taking property by dishonest means or misrepresentation. Example: convincing someone to invest in a non-existent gold mine 4. Victimless Crimes (example: unauthorized gambling, use of illegal drugs, prostitution)

V. Criminal Cases 5. Crimes against the government—treason, terrorism 6. Penal Codes—establishes different degrees of seriousness to crimes (example: murder is classified according to first, second degrees, manslaughter

Journal: Thursday 4/10 Get a Green book from the box at the front of class. Read pages 206-207 Describe the responsibilities of the following law enforcement agencies and individuals: DOJ FBI US Secret Service US National Guard Sheriff Take out CW#2, Unit 6 Notes, and Civil/ Criminal Case Flowcharts

V. Criminal Cases B. Penalties for Crimes 1. Indeterminate sentence—judge uses guidelines to give maximum and minimum years of a sentence (example: first degree murder could get 25 years to life) and convict could be released after completing the minimum sentence 2. Determinate sentence—judge uses guidelines to give specific period of time for sentence and early release is not possible

V. Criminal Cases 3. Mandatory sentence—judge must impose a sentence established by law 4. Restitution—when the those convicted of a crime must repay the victim for damages caused 5. Community Service 6. Probation 7. Suspended Sentence

V. Criminal Cases C. Where Sentences are Served by those Convicted of a Crime 1.Minimum Security Prison 2. Maximum Security Prison 3.Medium Security Prison 4.Halfway House 5.House Arrest D. Purpose of penalties 1. Punishment 2. Protection 3. Deterrence 4. Rehabilitation