LAW LAW CRIMINAL LAW-TYPES OF CRIME THE AMERICAN LEGAL SYSTEM SOURCES OF LAW LAW CRIMINAL LAW-TYPES OF CRIME THE AMERICAN LEGAL SYSTEM CIVIL CASES CRIMINAL CASES JUVENILE CASES

SOURCES OF LAW Code of Hammurabi – 1760 B.C. Babylonian King; based on an eye for an eye. Roman Law – 450 B.C. – evolved into the Justinian Code – these laws became basis for Canon Law (Roman Catholic Church). Eventually updated by Napoleon (Napoleonic Code). English Law – based on common law. Precedents used to establish consistency in court rulings.

Components of Good Laws The Need for Law Social Norms – shared expectations of behavior placed on persons by a social group. Laws – rules & regulations that define the rights & obligations of citizens of a state or nation. Societies need laws for protection & order. Components of Good Laws Fair – equal treatment Reasonable – punishment fits the crime Understandable – not too complicated. Enforceable – government can enforce, people will obey. Types of Law Constitutional Law – involves rights guaranteed by the Constitution, or spelled out by Congressional Legislation. Administrative Law – rules & regulations that government agencies of the executive branch must issue to carry out duties. Statutory Law – laws that regulate behavior. International Law – involves military & diplomatic treaties, trade regulations, and international agreements.

CRIMINAL LAW - TYPES OF CRIME Criminal Law – laws that seek to prevent people from deliberately or recklessly harming each other or other’s property. Felony – serious crime, punishable by possible prison sentence. Misdemeanor – less serious crime, usually punishable by a small fine. Civil Law Civil Law – involves disputes between people or groups of people. Lawsuit – legal action in which a person sues to collect damages for harm. Types of Crime Predatory Crime – victimizing a person or their property. Illegal Service Crime – involves a relationship between a buyer and a seller, and an illegal product or service. Public Disorder Crime – crime that is legal in private, but in public. Crimes of Negligence – careless, thoughtless behavior. White Collar Crime – crime that is committed usually on the job, and by a respectable member of the community.

THE AMERICAN LEGAL SYSTEM Law & Precedents – Courts use previous court rulings and law as basis for rulings. (Stare Decisis) – “let the decision stand” ARTICLE I, SECTION 9 – US CONSTITUTION POWERS DENIED TO CONGRESS Writ of Habeas Corpus – person must be brought to court and explain why suspect is being held. Bills of Attainder – may not pass laws that deny a person of the right to trial by jury. Ex Post Facto Laws – cannot be punished for an act that is not against the law at time of action.

4th Amendment Search Warrant - Police must obtain a search warrant from a judge. - Police show Probable Cause - Any evidence obtained illegally cannot be used in court. (Mapp v Ohio)

5th Amendment Due Process of Law - Cannot deny a person of life, liberty, or property without following procedures to convict a person of a crime. Self-Incrimination - Have the right not to answer questions that can be used against you in court. - Illegal confessions cannot be used in court. (Escobedo v Illinois) - Must inform you of these rights. (Miranda v Arizona) Double Jeopardy - If found not guilty. Cannot be tried for crime again. Grand Jury - Screens evidence to see if enough to indict. (Formally Accuse)

6th Amendment Right to an Attorney - Must be provided counsel. - Must be informed of this right. (Miranda v Arizona) - If you cannot afford, one will be appointed. (Gideon v Wainwright) Be Informed of Charges - Must be told what you are accused of doing. - What evidence the government has that you have done this. - Taken before a judge. (Writ of Habeus Corpus) Fair & Speedy Trial - Must be done in a timely fashion Impartial Jury - Jurors must not know about case, or person on trial. - Jurors must be representative of the community.

8th Amendment Cruel & Unusual Punishment - Punishment should fit the crime. - Bail & Fines – Should not be excessive. Death Penalty - Has been questioned in many cases. - Generally upheld for 1st degree murder. - Only certain types of executions upheld.

14th Amendment Equal Protection - All laws must apply to people regardless of differences. - Race, Religion, Gender, Sexual Orientation Court Cases & Current Events - Plessy v Ferguson - Brown v Board of Education - Heart of Atlanta Motel v US - University of California v Bakke - Gay Marriage - Immigration Issues

CIVIL CASES STEPS IN A CIVIL CASE Complaint – plaintiff/defendant, describes suit. Summons – sent by court to defendant. Discovery – find evidence in the case by both the defendant and the plaintiff. Settlement – either side has a chance to settle the issue before going to court, or use an arbitrator. (Most cases decided before court) Trial – Right to a jury, most decided by judge. Appeal – if defendant loses, has right to appeal.

CRIMINAL CASES Arrest Police arrest & book suspect. Preliminary Hearing Suspect appears before a judge. Bail is set. Indictment Grand jury (or judge) hears evidence & formally charges the suspect with the crime. Arraignment Defendant pleads not guilty. Trial date is set. Defendant plead guilty & accepts a plea bargain. Trial Prosecution & defense present cases to jury/judge Jury/Judge reaches a verdict. Acquittal Defendant found not guilty or goes free. Sentencing Defendant found guilty. Judge sentences defendant.

Goal of the Juvenile Justice System JUVENILES & THE COURTS Juvenile – a person under the age of 18. Juvenile Delinquent – persons under 18 who commit crime. Goal of the Juvenile Justice System Rehabilitation – help young person correct behavior. Types of Cases Neglect – caregivers abuse or do not care for juvenile. Delinquency – juvenile commits crime. Juvenile Trials No trial by jury & trials are closed to the public. Once juvenile completes probation, the charges are dropped and removed from their record.