1. Unit 6: The Law

2. Warm Up In your opinion… 1. Why do people commit crimes? 2. How can we lower the crime rates? 3. Why do we want to punish criminals? 4. Why do juveniles commit crimes? 5. How can we prevent juvenile crime? 6. Should juveniles be treated the same as adults?

3. Other Rights of the Accused  Right to Appeal  May ask higher court to review case  Impartial Tribunal  aka unbiased court  Presumption of Innocence  ‘innocent until proven guilty’

4. Types of Law  Constitutional- rules from the Constitution  Administrative/Regulatory- laws created by government agencies (executive)  Statutory- laws created by legislature  Common- laws based on precedent (judges)  International- laws governing world issues  Criminal- laws the prevent crime  Civil- laws between people

5. Criminal Law Crime- any act that breaks the law 2 types of Crimes Criminal- a person that commits a crime Felonies: serious crimes such as murder and kidnapping Misdemeanors: less serious crimes such as speeding

6. Five categories of crimes 1. Crimes against people  Murder  Assault  Rape  Hate crimes What's the difference? 1 st degree vs. 2 nd degree vs. manslaughter

7. 2. Crimes against property  Larceny  Robbery  Arson  Vandalism 3. Victimless crimes  Gambling  Drugs

8. 4. White Collar crimes  Copyright infringement  Embezzlement  Computer hacking  Identity theft 5. Organized crime  Prostitution  Drug trafficking

9. Criminal Process 1. Probable Cause Is there enough evidence to make an arrest? 2. Arrest Arrest warrant: court’s permission to make an arrest *SUSPECT IS TAKEN INTO CUSTODY 3. Booking Suspect charged with crime. Fingerprinted and photographed. Allowed to call lawyer 4. Preliminary Hearing Suspect formally informed of charges against him/her **Suspect becomes defendant** Writ of Habeas Corpus! 5. Indictment Grand Jury- decides if enough evidence to go to trial Indictment: Formally accuses defendant of crime.. Issued by grand jury Bail issued here to ensure you return to court Only Federal level uses grand jury!

10. 6. Arraignment Defendant issues a plea Guilty- go to sentence Not Guilty- go to trial 7. Trial Petit jury (12 jurors) hears case and reaches a verdict Acquit: found not guilty Convict: found guilty 8. Sentencing Judge decides punished according to penal code Possible punishments: jail, probation, fine, parole, death Plea bargaining: defendant pleads guilty to a lesser offense, receives lesser punishment

11. Indeterminate v. Mandatory Sentencing  Indeterminate Sentencing  Judge looks at maximum and minimum sentence  Mandatory Sentencing  A set punishment

12. Warm Up 1. List 5 rights that the accused have. 2. Describe 4 categories of crime. Which is the worst in your opinion? 3. What is the difference between the two types of crimes? 4. Name one way to make the criminal system more effective in your own opinion.

13. Civil Law Process  Civil law: deals with disputes between individuals/group in which compensation ($$) may be awarded to the victim  Examples: divorce, custody, contracts, property, harm/neglect (torts) Two sides: Plaintiff: person who brings action against another person Defendant: person accused

14. 1. Complaint filed: plaintiff files complaint describing crime 2. Summons: Court sends summons (order to appear in court) to defendant 3. Defendant responds: Defendant’s attorney files written answer 4. Pleadings: Both sides file pleadings document- complaints & answers taken together 5. Court: Both sides argue in court 6. Verdict: Court gives verdict- the decision about the case Mediation: Two parties meet & try to compromise Arbitration: arbitrator acts as a judge: reviews case & makes decision

15. Juvenile Justice  Juvenile: a person under the age of 18 (sometimes 16)  16 in North Carolina  14-15 year olds that commit a felony are tried as adults!  Juvenile Delinquent: a juvenile that breaks the law

16. Causes of Juvenile Crime Poor home conditions Poor neighborhood conditions Drugs & alcohol Gang memberships Peer pressure Dropping out of school

17. Consequences for Juveniles ***Goal= Rehabilitation***  Foster care  Juvenile corrections (like jail)  Probation  Counseling