Our Legal System

The Sources of Our Laws

Functions of Our Laws Create peaceful society Guarantee individual liberties Discourage criminal acts Set punishments Establish a justice system Resolve civil disputes

Sources of Our Laws Hammurabi’s Code English Law Roman Law First known system of written law Compiled by King Hammurabi of Babylonia Very harsh punishments penalties were drastic Code of Justinian: orderly body of rules Canon law: law of the Catholic Church Napoleon: updated the Justinian Code (Napoleonic Code) based on court decisions followed precedent included basic rights such as trial by jury and innocent until proven guilty

Types of Law

Types of Laws Criminal Civil Public International Prevent people from harming property and others Government is the plaintiff (prosecution) Felonies- serious crimes Misdemeanors- less serious crimes Lawsuit- legal action to collect damages Tort- a civil wrong Examples- divorce, adoption, negligence Constitutional law Involves rights in the Constitution Highest laws in the land Guides courts in giving punishments and fines Treaties, customs, and agreements among nations Violations handled by International Court of Justice (World Court) Has no enforcement powers

Cases Protecting Legal Rights Mapp v. Ohio Mapp v. Ohio established the exclusionary rule- evidence taken illegally may not be used in court established the exclusionary rule- evidence taken illegally may not be used in court Miranda v. Arizona Miranda v. Arizona police must inform suspects that they have the right to remain silent police must inform suspects that they have the right to remain silent Gideon v. Wainwright Gideon v. Wainwright if the accused could not afford a lawyer, the state must provide one if the accused could not afford a lawyer, the state must provide one Furman v. Georgia Furman v. Georgia the death penalty as then administered was not constitutional because it was being imposed in unfair ways and mainly on African Americans and poor people the death penalty as then administered was not constitutional because it was being imposed in unfair ways and mainly on African Americans and poor people