The U.S. Judicial System

The Legal System Our legal system is supposed to serve justice. But how does one define justice?

Justice is … Fairness Rightness or correctness Fair dealing Administration of the law

Problems & Weaknesses Corruption? The media and “innocent until proven guilty”. Prison overcrowding from non-violent offenders Court appointed attorneys (public defenders) and their quality “Buying” justice? Justice is wearing a blindfold – is this ironic to you?

Principles of Our Legal System

Equal Justice Under the Law Goal of U.S. justice system is to treat all persons alike Every person has the same rights granted under the Constitution

Due Process of Law Law must be applied in a fair manner Cases involving a law that is thought to be unreasonable fall under substantive due process Cases about the way a law is administered involves procedural due process Substantive due process examples: Law that limits dwellings to single families which prevents grandparents from living w/grand children School board regulation that requires all children to attend public schools, which does not allow for the attending of private schools

Adversary System Courtroom is an arena where lawyers for opposing sides try to present the strongest case Judge plays an impartial role like a referee Criticisms: Encourages lawyers to go for the win, not do what is best for their client Encourages lawyers to ignore evidence that is not favorable to their side

Presumption of Evidence Everyone is thought to be innocent until evidence proves guilt Not mentioned in the Constitution but deeply rooted in English legal heritage The burden of proof falls on the prosecution

The Burden of Proof Guilt must be proven: “Beyond a reasonable doubt” standard in criminal cases (100%) “Preponderance of the evidence” standard in civil cases (+50%)

The Law

What is the “Law”? Justice System follows & enforces the “law” Law: A set of rules and regulations made and enforced by the government to regulate the conduct of people in society

Where Does the Law Come From? Moral Values – What society thinks is right & wrong Economic Values – Accumulation, preservation, use & distribution of wealth Political Values – Relationship between government & individuals Moral values – laws against killing which promote the value of life Economic values – tax benefit for interest paid on a mortgage encourages people to spend money on buying a house Political values – law that makes it easier to vote encourages participation in government

Types of Law

1. Criminal Legal action brought by government against a person charged with committing a crime Penalties include fines, imprisonment or probation/supervision Person vs. Law U.S. vs. Heath People vs. Miller

Levels of Crime Misdemeanor – Fine or imprisonment for less than 1 year Felony – Imprisonment for more than 1 year

2. Civil Legal action brought by a person against another person Penalties include paying money or an order by judge requiring the wrong doer to stop doing something Person vs. Person Heath v. Miller The O.J. Simpson Civil Case Simpson was acquitted of murder charges and cannot be tried for the murders again in a criminal court. In the civil trial as in the murder trial, the plaintiff will be trying to prove Simpson murdered his exwife and her friend, with several key differences. First, the standard of proof is lower. In a civil trial, the plaintiff in this case the families of Nicole Brown Simpson and Ronald Goldman must prove Simpson committed the murders by a preponderance of the evidence, meaning the jury may decide for the plaintiffs if they determine that there is at least a 50.1 percent probability that Simpson is responsible. In the murder trial, the state had to prove Simpson committed the murders beyond a reasonable doubt, meaning that jurors had to be all but positive Simpson committed the murders to convict him. This time, jurors need not come to a unanimous decision, and only nine of the 12 jurors need to agree for a verdict to be reached. Second, Simpson can be required to testify during the civil trial. In the murder trial Simpson was not required to take the stand and the jurors were not allowed to hold his decision to remain silent against him. In the civil case Simpson will be compelled to testify if called to the stand or forfeit the case. He has already given attorneys 10 days worth of testimony in depositions that can be used at trial. If the jury finds for the plaintiffs, Simpson will have to pay unspecified damages for the wrongful deaths of Nicole Brown Simpson and Ron Goldman. A verdict for either side would be a moral victory. For Simpson it would add weight to his acquittal last year. For the families, it would be a counterbalance to the acquittal. Fred Goldman, the outspoken father of Ron, has called the civil suit his sons last opportunity for justice.

“Civil or Criminal” Practice For each of the crimes, decide whether the action or wrongdoing would fall under civil or criminal law. Write civil or criminal in the space provided.