The American Legal System

UEQ: How are the powers and responsibilities distributed, shared and limited in the government established by the Constitution

Lesson 1 LEQ: How are individual rights and the rights of the accused protected in the United States?

Why We Have Laws Keeping the Peace Uniform Laws Everyone Knows the Rules Punishment Discourages Lawbreakers What Makes a Good Law Fairness Equal Treatment to All Reasonableness Punishment Fits Crime Understandable Ignorance leads to Chaos Enforceable People see it as all the above & are willing to obey

Development of Legal System Code of Hammurabi Babylonia 1760 B.C. Eye for an Eye Roman Law 450 B.C. – 553 A.D. Justinian Code Ordered Set of Laws Napoleonic Code 1804 France Unified Code LA Territory English Common Law Based on Precedent Statutes & Documents Colonial America

Types of Laws Criminal Law Protect Public Safety Felony = Very Serious Misdemeanor = Less Serious Property Crimes Theft, Vandalism, Identity Civil Law Disputes between parties Lawsuits = Civil Cases Seek Compensation Military Law Applies to service personnel Criminal & Civil Code Court Martial (JAG Corps) AWOL, Disobeying Orders….

Sources of Laws Constitutional Law U.S. & State Constitutions Supremacy Clause Statutes Law written by legislature U.S. Congress & State Leg. Regulates Behavior Establish Consequences Grant Privileges Case Law Use of precedent Laws est. by judicial decisions Administrative Law Bureaucratic Regulations FCC, FAA, SEC…

Basic Legal Rights Writs of Habeas Corpus Brought before a judge Judge decides if you were properly or improperly imprisoned No Bills of Attainder Trial before punishment No Ex Post Facto Laws Can’t be punished for breaking a law before it was a law Administration of Justice Bill of Rights & 14th Amendment Equality Under the Law Can’t be denied rights or property without due process Basic Legal Rights

Rights of the Accused 4th Amendment Rights Unreasonable Search & Seizure Probable Cause Search Warrant Judge Issues Warrants Mapp v Ohio 1961 Exclusionary Rule No improper evidence 5th Amendment Rights Self-Incrimination Miranda v Arizona 1966 Miranda Warning Double Jeopardy No 2nd trial if acquitted Federal Grand Jury Proceedings

Rights of the Accused 6th Amendment Rights Right to an attorney Gideon v Wainwright 1963 Trial Rights Informed of charges Call witnesses Jury of peers Speedy and Public Trial 8th Amendment Rights Cruel & Unusual Punishment Death Penalty? Furman v Georgia 1972 Racial Bias –Guidelines Reset No Excessive Bail Pay to be set free before trial Judge Decides Rights of the Accused

Lesson 2 LEQ: What constitutes civil law?

Types of Civil Law Contract Law Broken Agreements Written & Unwritten Always read & review Property Law Buying and Selling Land Maintenance of property Rent vs. Owner responsibility Family Law Marriage & Divorce Birth, Death, & Adoption Property & Custody Disputes Personal Injury Tort – Actions that cause injury Intentional Tort Negligence Types of Civil Law

Legal Process in Civil Cases Plaintiff Initiates Case Must have “standing” Judge can dismiss case Defendant Defends Actions Complaint Filed in Court States Wrongful Actions Plaintiff Seeks Damages Compensatory Compensates for Loss Punitive Punishes for Actions Summons Issued Informs of charges Legal Process in Civil Cases

Legal Process in Civil Cases Before the Trial Discovery Process Possible Settlement Discussed Avoidance of Trial Costs Avoids Public Verdict Acceptable Agreement The Trial Judge Presides Jury by request Plaintiff Presents First Evidence & Testimony Presented Verdict Issued Damages Awarded Appeals & Other Actions Loser Has Right to Appeal Court Orders to Force Payment Legal Process in Civil Cases

Lesson 3 LEQ: What constitutes criminal law?

Crime & Punishment Penal Code List of laws & punishment Types of Crimes Felony vs. Misdemeanor Property v Personal Crimes Punishments Min. & Max. Sentences Aggravating Circumstances Mitigating Circumstances Parole = Early release Purpose of Punishment Pay debt to society Protect the public Deterrent to others Rehabilitation Crime & Punishment

Criminal Case Procedure Prosecution brings case Arrest & Booking Evidence Gathered Arrest Order Issued Miranda Rights Read Taken in for booking Preliminary Hearing Suspect brought before judge Show probable cause Judge explains charges Defense lawyer may be appt. Misdemeanor = Enter plea Felony = Judge sets hearing Bail May be granted Indictment Formal Charges Filed Grand Jury Decides Criminal Case Procedure

Trial Procedures Arraignment Plea Entered Guilty (No trial) Not Guilty (Set trial) Plea Bargain Accept Lesser Charges The Trial Jury selection (If needed) Opening Statements Prosecution presents case 1st Evidence & Witnesses presented Cross-examination follows initial questioning of witnesses Closing Statements Jury Instructions Trial Procedures

Verdict, Sentence, Appeal Jury Decides (no time limit) Unanimous Consent Guilty Verdict Beyond reasonable doubt Not Guilty (Acquittal) Different than innocent Mistrial = No Verdict Prosecution may set new trial Sentencing Hearing Guilty sentenced at later date Aggravating Circumstances Mitigating Circumstances Victim Statements Appeals Process Only guilty verdicts Trial errors or rights violated Verdict, Sentence, Appeal

Lesson 3 LEQ: What constitutes juvenile law?

Juvenile Justice Mid 19th Century Emphasized Rehabilitation Learn right from wrong 20th C. Reforms 1960s Sup. Court Rulings Same Basic Rights As Adults Too Lenient? 1990s – Harsher Penalties Juvenile Delinquents Most States = 18 yrs. Old Violent Crime Exception Juvenile Offenders Delinquent Offenders Status Offenders Juvenile Justice

Juvenile Court Intake Process Hearing Process Detention Hearing Authorities Take into Custody Release to Parents or Call Social Services or Juvenile Court Social Worker Intake Hearing Process Detention Hearing Evidence Presented Adjudication Hearing Trial Phase No Jury Private Proceeding Innocent/Delinquent Verdict Disposition Hearing Sentencing Phase Juvenile Court