TOTD 5/18/11 1.The term for an accident caused by the careless acts of an individual is called? (pg 50) 2.What is the difference between a misdemeanor and a felony? (pg 50) 3.What are the two goals of punishment (jail time)? (pg 50) 4.What was the first code of laws in the world that was based off the idea of “eye for an eye”? (pg 48) 5.What document in 1215 gave the idea of rule of law and equality under the law? (pg 48)

Where do our Rights Come From? Copy the words in yellow that represent where your rights come from into the empty spaces on pg 49! I will be collecting this page!

Our Basic Legal Rights Our Basic Civil Liberties and Freedoms come from the BOR -The Bill of Rights -Built off of the ideas of John Locke’s Social Contract Theory, Natural Rights Theory, and the English documents the Magna Carta (Rights of the Accused) and The English Bill of Right)

Writ of Habeas Corpus Court order that requires police to bring a prisoner to court to explain why they are holding the person. -Must be told of your accused crime! DUE PROCESS- 5 th Amendment

No Bills of Attainder Government Can’t pass any: Bills of Attainder Laws that punish a person w/o access to a jury trial 6 th Amendment- right to a jury trial of your peers!

No Ex Post Facto Laws Ex post facto laws Laws that make an act a crime after the act has been committed NOT ALLOWED DUE PROCESS- 5 th Amendment

Due Process and Equal Protection of the Law ORIGINALLY 5TH AMENDMENT GAVE DUE PROCESS After Civil War- 14 th Amendment gives Due Process and Equal Protection (Equal Citizenship to all Americans

Constitutionally Defined Treason Only Crime defined in the constitution. Treason- Doing anything to turn against and do harm to your country of origin Article 3 of the Constitution- Powers of the Judicial Branch

Innocent Until Proved Guilty Rights of the Accused come from Magna Carta originally and are located in our Bill of Rights All citizens are guaranteed a jury trial of their peers, an attorney to defend themselves, and many of their rights to help prove their innocence defined in the- 5 th, 6 th, and 7 th Amendments

Right to a Grand Jury Decide if there is enough evidence to take a case to trial. 5 th Amendment

No Forced Self-Incrimination You can not be forced to confess a crime against your will! 5 th Amendment

Be Informed of all Accusations Against You You must be read your rights and explained your charge! 6 th Amendment

Right to Hear and Question All Witnesses 5 th Amendment Due Process under the law

Right to an Attorney Right to Attorney Case of Gideon v Wainwright Guarantees lawyer even if you can’t afford one 6 th Amendment

Speedy and Public Trial While some cases take a long time to complete, this is do to the very high level of caseload our court systems handle. Major cases, and cases appealed in lower courts can take years to resolve. But imagine if you remained in jail for 20 years until your case was finally heard! Cases also is heard in public government meetings and all records are public information! 6 th Amendment

Trial by a Jury 6 th Amendment/ 7 th Amendment Criminal and Civil Cases

No Double Jeopardy Can not be charged for the same crime twice!! But- You can be charged in both Criminal and Civil Courts for the same crime. Example- O.J Simpson was acquitted in the criminal case but found guilty in the civil case.

Right to an Appeal If you feel that your case was decided unfairly, you may appeal your case to a higher court! 1. Due Process 2. No Bill of Attainder and Writ Certiorari

Right to no High Bail, Fines, or Cruel and Unusual Punishments *8 th Amendment Punishment must fit the crime!