Chapter 1 0 Laws that Pertain to the U.S. Criminal Justice System  The U.S. Constitution  Statutory Law  Common Law or Case Law  Civil Law  Military Law  Criminal Law  Equity Law  Administrative Law Unit #1 Notes Packet

Chapter 1 Statutory Law  Legislative acts declaring, commanding, or prohibiting something  Based on the Constitution  Created by a governmental body or agency  Ohio State Bill 5; writ of habeas corpus  Idea introduced The idea is written up as a bill or resolution and introduced to a house of Congress (the House of Representatives or the Senate) The bill is referred to a committee. The committee or subcommittee holds hearings, accepts documents, reports favorably or unfavorably, advises changes. Congress debates the bill and votes. Bill becomes law Unit #1 Notes Packet

Chapter 1 Common Law / Case Law  The body of law made of judicial opinions and precedents  Laws made by judges  Set in appellate courts  Recognizes previous decisions as precedent  Makes for predictability and consistency * Roe v Wade; Brown v. Board of Education Unit #1 Notes Packet

Chapter 1 Civil Law  Deals with non-criminal suits brought to protect or preserve a civil or private right or matter  Determines relationships between individuals involving matters like property or contracts  “Private Law”  Assigns blame rather than establishing intent * EX: Kim Kardashian v. Kris Humpries Unit #1 Notes Packet

Chapter 1 Military Law  Backbone is the Uniformed Code of Military Justice  applies to all active-duty, reserve & Guard, and retired military personnel. Violation of any of the articles of the UCMJ can bring punishments ranging from loss of privileges to confinement and discharge  Court case is called a court martial  Lynndie England case Unit #1 Notes Packet

Chapter 1 Criminal Law  Regulation and enforcement of rights setting the acceptable limits of conduct in society  Deals with the regulation and enforcement of rights  “Public Law”  theft, burglary, illegal drugs, assault  Casey Anthony, Amanda Knox, priest scandal Unit #1 Notes Packet

Chapter 1 Types of Criminal Law  Misdemeanor  Minor crime  Theft, minor assault and battery, or possession  Usually punished with a fine or confinement other than a prison  Felony  Major crime  Murder, rape, arson, forgery  Punishable by more than one year of imprisonment up to execution Unit #1 Notes Packet

Chapter 1 Probable Cause  Prosecution must prove guilt “beyond a reasonable doubt” to convict a suspect  Probable cause  situation in which a reasonable and prudent person, viewing the available information, would conclude that a crime has been committed and that the suspect committed it Unit #1 Notes Packet

Chapter 1 Equity Law and Administrative Law  Equity Law  Remedial or preventative (like an injunction or a restraining order)  No texting/cell phones while driving law  Administrative Law  Laws established by agencies like the IRS, Social Security Administration, or the branches of the military - Tax law Unit #1 Notes Packet