Goal 6 The learner will explain why laws are needed and how they are enacted, implemented, and enforced at the national, state, and local levels.

Trace the development of law in American Society. Code of Hammurabi: First known system of written laws & punishments, focused on theft, property damage, marriage rights, and murder. The punishments were different for different kids of offenders and victims. Ten Commandments: Moral rules about how people should behave toward one another. Found in the Hebrew Bible, or Old Testament. Roman Law: included Code of Justinian (basis of law for the Byzantine Empire) and canon laws (laws of the Roman Catholic Church) English Laws: precedents or legal opinions that became part of the common law, statutes.

Landmark English Documents Magna Carta: In 1215 King John signed this charter that limited the power of the monarch. King no longer had absolute power English Bill of Rights: It asserts the subject's right of petition the Monarch and the subject's right to bear arms for defense. It also sets out certain constitutional requirements that furthered limited the Monarch’s power.  Both documents are important because they limited the power of the monarch – first by the nobility and then by Parliament.  British Common Law: is not passed by a legislature, but is based on custom and court decisions. These decisions set precedents – examples that are used by courts to rule in later, similar cases.

The Development of Rule of Law in the U.S. The Iroquois Nation’s Constitution: Early constitution created between the year 1100 and the early 1600s. The House of Burgesses: The first representative legislative in the English colonies. In Jamestown colonists chose two representatives from each county to meet with the governor and his council. These 22 men were called burgesses. The Mayflower Compact: In 1620 signed by the Pilgrims that set us a direct democracy at Plymouth.

Theories of Government and the Declaration of Independence. Social Contract: a theory to explain why free people gave up some of their power to create a government. The English philosopher John Locke believed that a contract exists between a people and its government. Locke insisted in Two Treatises of Government that if a government violates the people’s natural rights of life, liberty, and property, they are entitled to rebel and set up another government. Locke’s ideas were extended by Jean-Jacques Rousseau author of The Social Contract. He believed not only that the people make a contract with their government, but that government is directly responsible to them. We call this idea - Popular Sovereignty: the notion that power lies with the people.

Declaration of Independence: the document declaring the 13 colonies free of Great Britain. *Written by Thomas Jefferson *July 4, 1776, ratified by the Second Continental Congress Constitution of the United States: is the supreme law of the country and the oldest written constitution in the world. Separation of Powers: The framers took this idea from a French philosopher name Montesquieu. He believed that the best way to protect the people’s liberty against tyranny was to separate the functions of government. Legislative Branch: Senate & House of Representatives Executive Branch: President, Cabinet, Executive Agencies Judicial Branch: Supreme Court & other Federal Courts

Types of Laws Statutory Law: is passed by the national or state legislature, counties and municipalities may also pass ordinances, regulations, and laws that have local jurisdiction. Constitutional Law: deals with the relationships among the states, the states and the federal government, the 3 branches of the federal government, and the rights of the individual in relation to both federal and state government. Criminal Law: punishes criminals for committing offences against the state. Civil Law: typically resolves disputes about libel, property, accidents, wills and trusts, contracts, and other private matters.

Types of Laws.. continues Torts: [a type of civil law] a person may suffer an injury and claim that another party is responsible because of negligence. Example: tobacco companies being sued. Administrative Law: the regulations, rules, orders, and decisions of administrative law are crated and enforced by administrative agencies. They have the power to monitor and regulate specific areas of public concern, such as workplace safety and the environment. International Law: is made up of the rules and principles that cover the relationships between nations or between persons and organizations indifferent nations.

Law Enforcement Goal 6.03, 6.07 Regulatory Commissions – these agencies control certain types of businesses and industries. 1.Federal Reserve System: Establishes general monetary policies. 2.Federal Trade Commission (FTC): Prevents monopolies & unfair business practices. 3.Securities and Exchange Commission (SEC): Regulates the stock market 4.Federal Communications Commission (FCC) Regulates radio & TV 5.National Labor Relations Board: Protects the rights of employees 6.Equal Employment Opportunity Commission: Works to eliminate job discrimination 7.Consumer Production Safety Commission: Develops standards of safety for consumer goods.

Law Enforcement continues Department of Justice: part of the executive branch. Headed by the attorney general. Includes… Feberal Bureau of Investigation (FBI): has the authority and responsibility to investigate federal crimes. On the state level – State Bureau of Investigation (SBI): is the state’s version of the FBI. They investigate civil and criminal cases involving the state or multiple jurisdictions and provide support such, as laboratory and record services to local agencies. Secret Service: now part of Homeland Security was created under the Dept. of Treasury as its primary jurisdiction was over counterfeiting. It also protects the president, vice president and other high ranking government officials, candidates for the office of President & V.P., and visiting foreign heads of state.

Law Enforcement continues U.S. National Guard: remains under state authority but may be called into federal service City police maintain law & order within municipalities. Sheriff highest elected law-enforcement officer of a county. Those that work for the sheriff are called deputies. State Police: enforce traffic laws on interstates and state highways, protect the governor, oversee the security of the state capitol, and train new officers for small local police forces that do not have an academy.

Knowing the Law: “Ignorance of the law is no excuse” 6.04, 6.05 Town Meetings originally were restricted to New England, the term “town meeting” now refers to any meeting of a local or municipal body. Ex. Public forum as to business 40 being closed for 2 yrs. or 6 yrs. [repairs]. Town meetings, public forums, and public hearings all are ways for citizens to keep informed about the law. “Mass Media” either print or electronic is a way to keep large audiences informed.

Government Information Government Printing Office: provides printed or electronic copies of documents produced for and by all federal agencies. Also makes documents available on internet, such web-sites are recognizable by a “.gov” Press releases: a news release or press release is a written or recorded communication sent to the media by government, an organization, or an individual. It announces something of news value. Franking Privilege: a government perk, or privilege, that allows elected officials the right to send mail to constituents for free. Political Debate: another way to inform citizens, in this case about candidates’ stance on issues. Think Tanks: are organizations for the purpose of researching, studying, and providing advice about important issues.

Formal and informal social controls try to prevent and minimize criminal behavior. Repeated criminal behavior is called recidivism. Retribution is concerned with punishing a person convicted of a crime. Goal: deterrence is meant to prevent future crimes. Addressing Criminal Behavior 6.08

Serious Crime:  Detention –restriction of a person’s liberty to leave a given location. Ex. House arrest: confined to the home and/or designated area. Incarceration locks a person up in jail or prison long prison sentences, capital punishment 1.Three-strikes laws are for one convicted for a felony on three or more serious offenses. 2.If the guilty offender is mentally ill, the offender may be sentenced to a mental institution for treatment.  Parole means a prisoner is released early from prison but is still considered to be serving he/her sentence.  Sometimes conviction results in confiscation of property. Ex. Convicted of tax evasion may have property confiscated and sold to pay off the debt to the government.

Retribution continues Less serious crime: 1.monetary compensation – fine, restitution [shoplifting pay for what was stolen], compensation [lose control of a car and it smashes into the front of a store, shattering the glass window.. Court orders you to pay for the damages] 2.Community service – court orders the convicted person to perform a set number of hours working for a charity, cleaning public areas, serving at a city shelter, volunteering for a non-profit organization etc. 3.Probation – instead of going to prison, the court gives convicted persons a set of conditions that they must meet within a certain amount of time.

Juvenile Offenses North Carolina is through age 15 If a juvenile is sentenced to incarceration, he/she usually goes to a juvenile detention center rather than a prison or an adult jail. Judges sometimes send juveniles to boot camps. This is a military-style camp designed to rehabilitate juvenile offenders through instilling discipline and respect for authority. Schools must give long-term suspensions to deal with anti-social juvenile behaviors.

Review Questions 1.How would a law passed by Congress most specifically be described? a. common law c. Legislation b. Constitutional law d. Statutory Law 2.How would a lobbyist best be described? a. Working for a single company b. Working for the public interest c. Working for the government d. Working for a multi-issue interest group 3.Which is the best example of an activity of a city’s chamber of commerce? a. Sponsoring a citywide clean-up b. Hosting a cruise for tourists c. Working on building public housing d. Providing information to people interested in locating businesses in the city

Answers to review questions 1.How would a law passed by Congress most specifically be described? a. common law c. Legislation b. Constitutional law d. Statutory Law 2.How would a lobbyist best be described? a. Working for a single company b. Working for the public interest c. Working for the government d. Working for a multi-issue interest group 3.Which is the best example of an activity of a city’s chamber of commerce? a. Sponsoring a citywide clean-up b. Hosting a cruise for tourists c. Working on building public housing d. Providing information to people interested in locating businesses in the city