Chapter 15 & 16 The American Legal System

Which of the following amendments protect the accused’s rights? 1. 3, 4, 5, , 5, 6, , 5, 6, , 5, 7, 8

Purpose of Laws To keep society in order To provide penalties for disorder To settle disagreements To provide deterrence to disorder

History of Law Code of Hammurabi King Hammurabi of Babylonia 282 laws regulating behavior Oldest law code found to date that was written – 1760 BC Very harsh with rules & punishments Religious Code Ten Commandments, Islamic Law Draconian Laws – Ancient Greek law that had extreme punishments for small crimes Justinian Code Simplified Roman Code law – based on jurisprudence (theory of law) English Common Law Primary source of our laws Based on precedent Statutes – acts of parliament

Types of Laws Criminal Violations of law Jail sentences are the result Misdemeanor – minor violations Felonies – serious violations – involve larger courts Felonies Civil Involve disputes A fine or amount is paid as the result

Types of Laws Public or Constitutional Involves Constitutional questions Supreme Court Administrative Law Involves laws passed by government agencies Tax law Example – Federal Trade Commission has regulations to protect consumers from harmful products Statutory Law Laws passed by legislatures

Constitutional Rights Mapp v Ohio Miranda v Arizona Gideon v Wainwright Roe v Wade

Vocabulary – Chapter 16 Plaintiff – person bringing the suit to court in a civil case Defendant – person being sued in both civil & criminal cases Suit of Equity – special case when there are no existing laws or cases Injunction – a court order commanding a stop to an action Summons – document telling someone they are being sued & requiring them to appear in court

Vocabulary – Chapter 16 Summons – document telling someone they are being sued & requiring them to appear in court Pleadings – a defendant’s response Verdict – decision of the judge or jury Prosecution – side charging a person with a crime State Penal Code – laws set forth by a state Remedy – fine paid by defendant if found guilty in civil case

Which amendment deals with civil law procedures? 1. Amendment 3 2. Amendment 6 3. Amendment 7 4. Amendment 9

Civil Cases One person files a lawsuit against another Plaintiff & Defendant Suits of Equity Judges decide not juries (usually) Judge may issue an injunction Most are settled out of court Magistrate Judge less than $5,000, District Court less than $10,000, Superior Court more than $10,000

Civil Case Procedures Bringing the Suit Plaintiff files Summons Sent to Defendant Defendant’s Response Pleadings – responding to the complaint by admitting fault or denying charges Discovery – each side gathers facts & evidence Pretrial Discussions – decide if case should go to court or be settled Trial – both sides present their case Verdict – if plaintiff wins the judge sets a remedy Appeal – both sides have the right to appeal a decision

Which amendment guarantees equal protection of the laws? th amendment th amendment th amendment th amendment

Criminal Cases Prosecution & Defendant Burden of Proof Prosecution must prove guilt beyond a reasonable doubt Not a single doubt can exist Innocent until proven guilty

Criminal Case Procedures Suspect is arrested – Miranda rights Preliminary Hearing – judge reads charges & sets bail Indictment – grand jury decides on evidence Arraignment – defendant enters a plea & trial date is set A plea bargain can be made at this time defendant agrees to plead guilty to a lesser crime Used to convict someone else Discovery – both sides gather evidence Jury is selected Trial

Which step in the criminal trial ensures protection of the 6 th amendment 1. Preliminary Hearing 2. Indictment 3. Arraignment 4. Discovery

Trial Prosecution makes an opening statement Defense makes an opening statement Prosecution calls witnesses for testimony – Defense can cross-examine Prosecution rests Defense calls witnesses for testimony – Prosecution can cross-examine Defense rests Both sides make closing statements

Trial cont. Jury Decision – Verdict Jury first deliberates Must decide guilt beyond a reasonable doubt Acquittal – jury decides not guilty & defendant is released – can’t be retried for the same crime Guilty – date is set for sentencing Hung Jury – jury can’t decide – this is a mistrial and can be retried Appeal

Which amendment protects the accused from double jeopardy? 1. 4 th amendment 2. 5 th amendment 3. 6 th amendment 4. 8 th amendment

Penalties for breaking the law 4 functions Punishment Protect society Make examples (deterrence) Rehabilitation Indeterminate Sentence – judge sets a minimum & maximum sentence Determinate Sentence – judge sets a specific sentence Mandatory Sentence – judge sets a sentence in accordance with state law

Which region of the country had the highest property crime rates in 2004? 1. West 2. Midwest 3. Northeast 4. South

Which section of the country had the highest violent crime rates in 2004? 1. West 2. Midwest 3. Northeast 4. South

All of the following are laws Congress can’t pass except: 1. Bills of Attainder 2. Injunction laws 3. Suspending habeas corpus 4. Ex post facto laws