“Sources of Our Laws” (15.1)

A. Hammurabi’s Code- first written code, societal behavior B. 10 Commandments- basic moral rules C. Draconian Laws- Greek harsh punishments for every crime

D. Roman Law- created peace and equality b/w classes 1.Justinian’s Code -established principle of innocent until proven guilty as established by juries 2.Napoleon updated Justinian’s code

A. Magna Carta- limited kings power, trial by jury, due process B. English Common Law- law developed based on common sense/logic/practice, and precedent C. English Bill of Rights- protected individuals’ rights

D. Enlightenment Ideas 1.Hobbes, Locke, Rousseau, Montesquieu, Voltaire 2.Social Contract theory: People give up power/rights to the gov’t to promote the safety/well-being of all 3.Montesquieu: Separation of powers gives all classes political power and prevent tyranny

A. Based mostly on English tradition and Christian values B. Mayflower Compact- earliest example of American law C. Iroquois Nation- united tribes with a “written” constitution D. Other sources: US Constitution, Bill of Rights and Amendments, States, Supreme Court precedent

“Types of Laws” (15.2)

I. Title: Sources of Laws A. What is a Law? ________________________ B. 3 Main Sources of law 1. ________________ 2. ________________ 3. ________________ C. Jurisprudence & Interpretation 1. ________________ 2. Path of a lawsuit in the court system a. ____________________ b. ____________________ c. ____________________ 3. ________________ D.Two Main categories of law 1. __________________ a. ________________________ b. ________________________  2.________________ a. Exs: of civil laws ____________________ b. purpose: __________________________ 3. Sides in a criminal or civil case a. __________________________ b. __________________________

1. Name the three main sources of law. 2. What is a precedent? 3. What is the path a lawsuit can make through the court system? 4. Name 2 the types of law.

A. Constitutional Law- highest form, based on Constitution and judicial interpretation B. Statutory Law- statutes/laws passed by legislatures of all levels C. Administrative Law- rules, orders, regulations passed by executive officers of all levels D. Common Law- based on judicial precedent

 E. Criminal Law -adversarial system of state lawyers vs. accused person’s lawyers, impartial judge & jury  F. Civil Law –between 2 private parties worked out b/w lawyers or in court

A. Criminal Law- adversarial system Gov’t is the plaintiff: party that brings charges Defendant: party accused of the crime 1.felony- serious crime, 2.misdemeanor- lesser offense

3.federal crimes- bank robbery, terrorism, kidnapping, counterfeiting, tax evasion, organized crime a.FBI has jurisdiction 4.state crimes- murder, assault, and property crime: larceny, robbery & burglary a.State level: NC State Bureau of Investigation (SBI) b.County level enforcement: Sheriff c.Local level (city or town): police

B. Civil Law- between private parties worked out b/w lawyers or in court Plaintiff –brings the charges Defendant –person accused A.tort law- plaintiff claims a civil wrong B.family law- marriage, divorce, child custody Civil Law

American Legal System (15.3)

A. Plaintiff (party bringing lawsuit) attorney files complaint 1.claim to have suffered a loss or injury 2.tort- civil wrong (ex: ice on sidewalk, negligence) 3.seek damages from the defendant

B. Defendant (party sued) attorney responds C. Argue cases in court 1.may offer a settlement, money both agree on, that defendant pays to plaintiff to drop the case 2.Usually argued w/o jury

A.Adversarial legal system Plaintiff –The government brings the charges Defendant –person accused B.Arrest 1.Must get warrant from judge, grand jury decides whether to indict- formally charge of a crime 2.Suspect informed of their crimes, read rights 3.Always the state or federal gov’t that charges someone of a crime

4.jury trial or bench trial- defendants have right to a jury, but can chose to tried before a judge alone 5.Summons- requests someone to testify in court 6.subpoena- requires someone to testify in court 7.call witnesses to give testimony who are cross- examined by other side 8.Procedure: opening statements, witnesses, cross- examination, closing statement, verdict, sentencing

C.Criminal Trial 1.gov’t is the prosecution- party who starts proceedings 2.defendant, person accused of crime 3.defendant appears in court for a arraignment- formally presented charges of a crime and enters plea a.plea bargaining- plead guilty to lesser crime

C. Verdict and Sentencing 1.Innocent until proven guilty “beyond reasonable doubt” 2.Verdict- judgment of jury of peers 3.If prosecution has not proven case, jury can decide on acquittal- vote of not guilty

4.if jury cannot decide on a verdict, judge can declare a hung jury- rules it a mistrial 5.sentencing- judge decides in all cases except death penalty- jury decides in capital cases (death penalty) 6.Can appeal to higher courts, death penalty automatically appeal to NC Supreme Court

“Addressing Criminal Behavior” (15.3, 16.3)

A. Theory of retribution- criminal deserves punishment because of the crime they commit B. Deterrence- both criminals and others see consequences of crime and punishment

C. Rehabilitation- minds and characters of criminals should be reeducated to reenter society D. Juveniles- under 18 1.punishment designed to rehabilitate 2.with murder, tried as an adult if over 16

A. Incarceration- locked up in jail/prison 1.three-strikes laws- mandate long-term incarceration if convicted of felony 3 times 2.structured sentencing- formal sentencing based on severity of crime and prior record 3.if guilty person is mentally ill, sentenced to mental institution 4.mandatory sentencing –judge must impose whatever sentence the law directs

B. Detention- state holds (detains) people either to punish or investigate C. Probation- suspends jail sentence for a fixed time D. Suspension- a privilege is taken away for a period of time E. House Arrest- confinement to home

F. Monetary compensation- payment of money for return (restitution) of property G. Confiscation of property- take away criminal’s property H. Capital punishment- death penalty, for murder or treason