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Make a new EQ sheet and Table of Contents. Essential Question: What is the purpose of laws? Warm-up: List as many school rules as you can think of. Why do we have these rules?
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TEST RETURN/CORRECTIONS We will split into partners You will work together to make test corrections I will collect the test again and average your corrections with your original score THIS IS YOUR OPPORTUNITY TO RAISE YOUR SCORE!!!!!
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Lets go back to the beginning!!!!!
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We used to be nomadic tribal hunter-gatherers
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After centuries of wandering, we settle (10,000 BCE)
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Why???? AGRICULTURE!
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SOURCES OF LAW Code of Hammurabi – 1760 B.C. Babylonian King; based on an eye for an eye. Roman Law – 450 B.C. – evolved into the Justinian Code – these laws became basis for Canon Law (Roman Catholic Church). Eventually updated by Napoleon (Napoleonic Code). English Law – based on common law. Precedents used to establish consistency in court rulings.
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LAW The Need for Law Social Norms – shared expectations of behavior placed on persons by a social group. Laws – rules & regulations that define the rights & obligations of citizens of a state or nation. Societies need laws for protection & order.
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Components of Good Laws Fair – equal treatment Reasonable – punishment fits the crime Understandable – not too complicated. Enforceable – government can enforce, people will obey.
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We need Laws!!!! Your nomadic tribe has discovered how to farm! Now that you don’t have to chase wild animals around for food, but instead you can grow your own plants and animals, you need to develop the foundation of your society! What happens if your neighbor steals your chickens? What if you beat someone up or worse, murder them! What if you cheat on your wife!?! All people do things that are wrong, but how will you punish them? Do all crimes deserve the same punishment? What is a crime anyway?!?
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Wednesday Answer yesterday’s EQ: What is the purpose of laws? Copy today’s EQ: How do laws protect the rights of citizens? Take out HW and get it ready for collection!
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Announcement Can you log in to the chromebooks?!? If not, you need to get it fixed Go to the library before school/after school/during lunch and GET IT DONE Why? You need to be able to log on to take benchmark IF YOU ARE NOT ABLE TO, IT WILL BE A ZERO QUIZ GRADE!
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Table of Contents 1.Notes 1 2.Origins of Law Reading 3.Origins of Law Questions/Notes 4.Current Events Analysis
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Origin of law reading I will read aloud. As I read, fill in the answers to the questions. I will give you a few minutes to work with a partner to fill in answers you missed
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Take out your notes Put phones away!!!!
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LAW Types of Law Constitutional Law – involves rights guaranteed by the Constitution, or spelled out by Congressional Legislation. Administrative Law – rules & regulations that government agencies of the executive branch must issue to carry out duties. Statutory Law – laws that regulate behavior. International Law – involves military & diplomatic treaties, trade regulations, and international agreements.
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Criminal vs. Civil Law Criminal Law Criminal Law – laws that seek to prevent people from deliberately or recklessly harming each other or other’s property. Felony – serious crime, punishable by possible prison sentence. Misdemeanor – less serious crime, usually punishable by a small fine. Civil Law Civil Law – involves disputes between people or groups of people. Lawsuit – legal action in which a person sues to collect damages for harm.
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CRIMINAL LAW - TYPES OF CRIME Types of Crime Predatory Crime – victimizing a person or their property. Illegal Service Crime – involves a relationship between a buyer and a seller, and an illegal product or service. Public Disorder Crime – crime that is legal in private, but in public. Crimes of Negligence – careless, thoughtless behavior. White Collar Crime – crime that is committed usually on the job, and by a respectable member of the community.
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THE AMERICAN LEGAL SYSTEM Law & Precedents – Courts use previous court rulings and law as basis for rulings. (Stare Decisis) – “let the decision stand” ARTICLE I, SECTION 9 – US CONSTITUTION POWERS DENIED TO CONGRESS Writ of Habeas Corpus – person must be brought to court and explain why suspect is being held. Bills of Attainder – may not pass laws that deny a person of the right to trial by jury. Ex Post Facto Laws – cannot be punished for an act that is not against the law at time of action.
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4 th Amendment Search Warrant - Police must obtain a search warrant from a judge. - Police show Probable Cause - Any evidence obtained illegally cannot be used in court. (Mapp v Ohio)
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5 th Amendment Due Process of Law - Cannot deny a person of life, liberty, or property without following procedures to convict a person of a crime. Self-Incrimination - Have the right not to answer questions that can be used against you in court. - Illegal confessions cannot be used in court. (Escobedo v Illinois) - Must inform you of these rights. (Miranda v Arizona) Double Jeopardy - If found not guilty. Cannot be tried for crime again. Grand Jury - Screens evidence to see if enough to indict. (Formally Accuse)
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6 th Amendment Right to an Attorney - Must be provided counsel. - Must be informed of this right. (Miranda v Arizona) - If you cannot afford, one will be appointed. (Gideon v Wainwright) Be Informed of Charges - Must be told what you are accused of doing. - What evidence the government has that you have done this. - Taken before a judge. (Writ of Habeus Corpus) Fair & Speedy Trial - Must be done in a timely fashion Impartial Jury - Jurors must not know about case, or person on trial. - Jurors must be representative of the community.
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8 th Amendment Cruel & Unusual Punishment - Punishment should fit the crime. - Bail & Fines – Should not be excessive. Death Penalty - Has been questioned in many cases. - Generally upheld for 1 st degree murder. - Only certain types of executions upheld.
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14 th Amendment Equal Protection - All laws must apply to people regardless of differences. - Race, Religion, Gender, Sexual Orientation Court Cases & Current Events - Plessy v Ferguson - Brown v Board of Education - Heart of Atlanta Motel v US - University of California v Bakke - Gay Marriage - Immigration Issues
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Group Activity I will break you into 7 groups You will read the article Decide what it should be titled Write a summary of the article Decide what amendments people are saying were violated
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JUVENILES & THE COURTS Juvenile – a person under the age of 18. Juvenile Delinquent – persons under 18 who commit crime. Goal of the Juvenile Justice System Rehabilitation – help young person correct behavior. Types of Cases Neglect – caregivers abuse or do not care for juvenile. Delinquency – juvenile commits crime. Juvenile Trials No trial by jury & trials are closed to the public. Once juvenile completes probation, the charges are dropped and removed from their record.
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Time to play Kahoot Play as an individual or in groups of 2 or 3 https://create.kahoot.it/#quiz/3b684c45- 7b4b-4afa-ac97-37ae809fdad6
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Essential Question: What happens after you are arrested under suspicion of committing a crime?
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Activity 1 Fill in the blank notes for Juvenile Justice Textbooks are in the front. First or second person in each row, get books for your row. Use pages 461-463
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CRIMINAL CASES Arrest Preliminary Hearing Indictment Arraignment Trial Acquittal Sentencing
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Arrest Police arrest & book suspect. They take fingerprints and mug shots
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Preliminary Hearring Suspect appears before a judge. Bail is set.
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Indictment Grand jury (or judge) hears evidence & formally charges the suspect with the crime.
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Arraignment Defendant pleads not guilty. Trial date is set. OR Defendant plead guilty & accepts a plea bargain
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Trial Prosecution & defense present cases to jury/judge Jury/Judge reaches a verdict.
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Acquittal or Sentencing Aquitted: NOT GUILTY, goes free Sentenced: found Guilty, Judge sentences defendant
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Review Questions!!! During what stage is bail set? Does the judge or jury sentence the guilty party? During what stage does a grand jury or judge decide if there is enough evidence to charge a suspect with a crime? During what stage does a defendant enter a plea? Who is the defendant and who is the prosecuter?
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Assignment Read page 452-458 in your textbook. Use 5 of the following words in a 1 st person (it’s about you) story of a crime: Prosecution, crime, parole, mandatory sentencing, arraignment, testimony, cross examine, acquittal, hung jury Underline or circle each word!
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EQ What happens if someone sues you and you have to go to civil court?!? Pass up Reading HW, and story if you didn’t turn it in yesterday!!!
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Review Directions: Get into groups of 4, choose your own groups….you will be competing for extra credit points! Each group needs a white board, a marker and a name based on a Disney character/movie. Example: The Lion Kings When the situation comes up, tell me what stage in a criminal case it is!
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If you are found guilty of a crime you must return to court for the fifth time in order to be ________________________. Only the Judge does this not the jury.
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Sentenced
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This is the first time you go to court. At this point, you have not been formally charged with anything, nor has a jury been selected. You are merely appearing before a judge to have bail set while investigations on both sides are completed.
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Preliminary Hearing
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This is when the police take you to jail under the suspicion that you have committed a crime.
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Arrest
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This is when a jury and a judge hear about evidence, witnesses and testimonies from both the defendant and the prosecution.
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TRIAL
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This is when the defendant enters their “plea” They can plead guilty and try to plea bargain for perhaps a lower sentence or plead not guilty and go to a full trial. Plea bargaining costs less for the state/local/federal court.
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arraignment
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This is when a grand jury or judge decides if there is enough evidence to charge you with a crime. If there is, the defendant is charged and either return to await trial at home (if bail is paid) or return to jail to await trial.
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Indictment
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If you are found not guilty, you are released from custody and allowed to return home. You only have to go to court 4 times (yay) and you get your bail money back and serve no prison time!!!
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aquittal
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Bonus: Write them in order!
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CRIMINAL CASES Arrest Preliminary Hearing Indictment Arraignment Trial Acquittal Sentencing
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Return to your seat. Take out your note sheet about criminal and civil trials
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CIVIL CASES STEPS IN A CIVIL CASE 1)Complaint – plaintiff/defendant, describes suit. 2)Summons – sent by court to defendant. 3)Discovery – find evidence in the case by both the defendant and the plaintiff. 4)Settlement – either side has a chance to settle the issue before going to court, or use an arbitrator. (Most cases decided before court) 5)Trial – Right to a jury, most decided by judge. 6)Appeal – if defendant loses, has right to appeal.
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Practice We will read the two articles together. The first one is a civil case and the second one is a criminal case. Then you will fill out the graphic organizer that I will hand out!!
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JUVENILES & THE COURTS Juvenile – a person under the age of 18. Juvenile Delinquent – persons under 18 who commit crime. Goal of the Juvenile Justice System Rehabilitation – help young person correct behavior. Types of Cases Neglect – caregivers abuse or do not care for juvenile. Delinquency – juvenile commits crime. Juvenile Trials No trial by jury & trials are closed to the public. Once juvenile completes probation, the charges are dropped and removed from their record.
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