The American Legal System Chapter One All Images © Microsoft Corporation

Civil vs Criminal What is the difference?

Sources of Law-Federal n Constitution - No higher law ex post facto laws prohibited –acts must have been criminal at time it was committed –sentences must not be harsher than at time crime was committed –rules of evidence must not be more favorable to prosecution than they were at time crime was committed

Sources of Law-Federal n Constitution - Con’t Bills of Attainder prohibited –bill passed by legislature that names individual or group and gives them the status of being convicted without having a trial, seizures in felonies Writ of Habeas Corpus can only be suspended due to rebellion or invasion

Sources of Law-Federal First Amendment freedom of speech –fighting words/obscenity not protected –any regulation of speech must be content neutral freedom of press –sometimes conflicts with ability to find impartial jury free exercise of religion

Sources of Law-Federal Fourth Amendment no unreasonable searches and seizures probable cause requirement warrant clause plain view exception reasonable suspicion for field interviews

Sources of Law-Federal Fifth Amendment privilege against self incrimination Miranda warnings required prior to custodial interrogation Double Jeopardy

Sources of Law-Federal Sixth Amendment — defendant (person charged with a crime) has the following rights: speedy trial public trial jury trial either defense or prosecution can demand a jury

Sources of Law-Federal Sixth Amendment case tried without a jury is called a bench trial impartial jury jury has the right to acquit the defendant even though the evidence supports a conviction (called jury nullification) informed of charges

Sources of Law-Federal Sixth Amendment cross examine prosecution witnesses subpoena witnesses for defense assistance of counsel

Sources of Law-Federal Eighth Amendment no cruel and unusual punishment no excessive bail or fines

Sources of Law-Federal Due Process (14th Amendment) laws must not be vague may not vest too much discretion in police

Sources of Law-Federal Equal Protection (14th Amendment for states; 5th Amendment for federal cases) no laws discriminating on the basis of race, religion, etc. no imprisonment for failure to pay fine if legitimately unable to do so

Sources of Law-Federal (No longer Constitution) United States Code — Enacted by U. S. Congress — Title 18 contains most federal crimes — applies to crimes occurring on federal land and also to some interstate crimes — Civil Rights Act

Sources of Law- State State constitutions n Establishes rules for operation of state government n Contains Bill of Rights Majority vote usually required to amend state constitution

Sources of Law- State State statutes n Enacted by state legislature and signed by governor –Legislature has authority to override veto by governor n Statutes apply statewide n Amendment of statute requires vote of legislators –Simple majority of each house of legislature –Statutes may be added by ballot initiative

Sources of Law- State Sunset laws - enacted with a clause which makes them expire automatically on a given date or after a given number of year

Sources of Law- State Local Ordinances n Enacted by City Council, County Board, etc –State Constitution establishes local authority –limited to specified subjects –restricted to enacting misdemeanors and infractions

Sources of Law- State Local Ordinances n Apply only within geographical boundaries of agency enacting law –when there is a conflict between state and local state law prevails except when state law delegates authority

Sources of Law- Common Common law Law of England at time colonies settled Heavy reliance on precedent

Legislative Structure Federal Bills stand test of Constitution Only way around constitution is constitutional amendment –3/4 state houses request convention ratification by congress –Ratification by congress 3/4 state houses pass amendment

Federal Laws Under Construction CongressExecutivePublic Judiciary Constitutional Unconstitutional

Legislative Structure State Must conform to state & federal constitutional standards Georgia is set up like U.S. Congress

Structure of Judicial System Federal. U.S. Supreme Court U.S. Court of Appeals U.S. District Court

Structure of Judicial System State - Misdemeanor U.S. Supreme Court Magistrate/Municipal Ga. Supreme Court State Court Ga. Court of Appeals

Structure of Judicial System State - Felony U.S. Supreme Court Initial Hearing Ga. Supreme Court Superior Court Ga. Court of Appeals

Authority of Courts Jurisdiction Geographic Subject Matter - Felony/Misd. Venue Federal/State State exceptions Evidence Exclusionary rule

Roles of the Participants Law Enforcement n detect crime and enforce laws n discretion on how strictly to enforce laws n utilization of resources effected by local politics

Roles of the Participants Prosecutor n gatekeeper to judicial process n reject "weak" cases select cases to prosecute within limits of available resources

Roles of the Participants Defendant n innocent until proven guilty n not required to establish own innocence n privilege not to incriminate self

Roles of the Participants Defense attorney n use all legal means to defend client's rights n responsible for tactical decisions in preparing case

Roles of the Participants Judge n duty to be neutral n discretion to make rulings on admissibility of evidence n maintains decorum in courtroom n admonishes jurors on law n decides guilt of defendant if jury trial was waived

Roles of the Participants Jury n decide case on the facts introduced at trial n collective conscience of community n may ignore law and acquit defendant

Roles of the Participants Appellate Courts n review criminal convictions n rule on judge's decision to admit evidence at trial n verify jury was given correct statement of law n reverse conviction if trial errors were prejudicial n Interprets the Constitution

Lady Justice Woman - Compassion Blindfold - Equality Scales - Fairness/Truth Sword - Power Serpent - injustice/evil

The American Legal System Chapter One