1. “Sources of Our Laws” (15.1)
Civics 4.1

2. I. Early Law Hammurabi’s Code- first written code, societal behavior
10 Commandments- basic moral rules
Draconian Laws- Greek harsh punishments for every crime

3. Roman Law- created peace and equality b/w classes
1. Justinian’s Code -established principle of innocent until proven guilty as established by juries
Napoleonic Code -Napoleon updated Justinian’s code (France 1804)

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

5. Enlightenment Ideas Locke, Rousseau, Montesquieu
People are born with natural rights of life, liberty & property
Social Contract theory: People give up some power to the gov’t to promote the safety & well-being of all
People elect representatives, so they can have a say in the law
Separation of powers prevents tyranny of a few

6. II. American Law
Based mostly on English tradition and Christian values
Mayflower Compact- earliest example of American law
Precedent – Supreme Court decisions (judicial review) + prior courts’ decisions
Other sources:
US Constitution
Bill of Rights and other Amendments
State constitutions

7. III. Categories of Laws
Constitutional Law- highest form, based on Constitution and judicial interpretation
Statutory Law/ Regulatory Law: statutes/laws passed by legislatures of all levels
Statutes: laws that apply to whole state or country
Ordinances: laws that apply to a city or municipality.
Criminal Law -adversarial system of state lawyers vs. accused person’s lawyers, impartial judge & jury; Burden of proof: beyond a reasonable doubt
Civil Law –between 2 private parties worked out b/w lawyers or in court w/ impartial judge & jury; Burden of proof: preponderance of the evidence

8. EPA guidelines about car emissions or pollution
C. Administrative Law- rules, orders, regulations passed by executive officers of all levels:
EPA guidelines about car emissions or pollution
IRS rules about tax exemptions
FCC __________________________________
SEC ___________________________________
D. Common Law- based on judicial precedent; not necessarily written down.
E. International Law –
a set of laws recognized as binding b/w nations
when treaties delegate a supranational court (international Criminal Court) jurisdiction to try human rights abuses

9. Federalism Federalism: can be found at all levels of government.
Look at your guided notes and answer the following.
Who leads each of these branches at the national, state and local level?

10. Modern law in the U.S. comes from all of the following sources EXCEPT:
Hammurabi’s Code
Mayflower Compact
The English Bill of Rights
Precedent

11. A modern law might be described as draconian, if it:
Was based on biblical teachings
Enforced heavy punishment for even minor crimes
Was based on the principle of innocent until proven guilty
Enforced the principle of ‘an eye for an eye’ for all offenses

12. Which of the following categories of law would most likely include Energy Star standards for appliances created by the Environmental Protection Agency?
International law
Criminal law
Constitutional law
Administrative law

13. Exit Ticket Name the three main sources of law. What is a precedent?
What is the path a lawsuit can make through the court system?
Name the 2 categories of statutory law.

14. Is this case civil or criminal
Who is the defendant?
April Johnson returned to her car after shopping at the mall. She found the driver’s side door broken into, and her navigation system and cell phone missing. From the mall security camera the police were able to identify the person who broke into the car and make an arrest.

15. Warm Up Give a synonym for each word
Grand – major, extravagant, big
Petty –small or insignificant
What does it mean to be ‘civil’ to another person?
To act mature
Polite
Getting along with others

16. “Types of Statutory Law” (15.2)
Civics Unit 4.2

17. I. Criminal Law Criminal Law- adversarial system
Gov’t is the plaintiff: party that brings charges for the victim
Often called ‘the state’
represented by the prosecutor who represents the people
Defendant: party accused of the crime
felony- serious crime (grand)
misdemeanor- lesser offense (petty)

18. https://www.youtube.com/watch?v=akc7V_MSNbk Crimes of the Century, OCB
C. federal crimes-
Examples:
Crimes against the people of the United States or the U.S. government
bank robbery
terrorism
Kidnapping
counterfeiting
tax evasion
organized crime
FBI has jurisdiction

19. Crimes against the citizens of a state
Examples:
D. state crimes-
Crimes against the citizens of a state
Murder
assault
property crime
larceny, robbery & burglary
State level: NC State Bureau of Investigation (SBI)
County level enforcement: Sheriff
Local level (city or town): police

20. II. Civil Law
Civil Law- between private parties worked out b/w lawyers or in court
Plaintiff –party that brings the charges
Defendant –person accused (party sued)
tort law- plaintiff claims he suffered a loss that the defendant is legally responsible for
Ex. Your car hit my car…Oh! My back hurts!
family law- marriage, divorce, child custody

21. Most civil cases that go to trial are usually argued without a jury
C. Argue cases in court
may offer a settlement
Amount of $ both agree on
defendant pays to plaintiff to drop the case
Saves time and $
Most civil cases that go to trial are usually argued without a jury

22. Put this into your own words
You have the right to remain silent. Anything you say can and will be used against you in a court of law.
You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.
Do you understand these rights?

23. Miranda v. Arizona, 1966 Facts of the case: Court’s decision:
Protects against self-incrimination
5th Amendment
Protects the right to an attorney
6th Amendment
History
Enforcement

24. Miranda Rights Scenarios
Alvarado did not know that what he was telling the police would/could be used against him later
Scenario 2
Quarles was read his rights once he was formally arrested, but evidence given before that should not be used in court
Scenario 3
Shahzad should have been read his rights when he was first taken into custody, not just at transfer
Scenario 4
McCarty should have been read his rights upon arrest. Pre-arrest info should not be used in court

25. Legal Terms to Review
What Amendments are the following associated with?
Writ of habeas corpus
Bills of attainder
Ex post facto
Due process
Equal protection clause
Double jeopardy
Grand jury
Fair trial
No cruel or unusual punishment or excessive bail

26. Warm Up Based on the video:
For what crimes was Rae Carruth charged & convicted of committing?
What evidence was presented at trial?
What witnesses were part of the trial?

27. Warm Up
Think back on your World History course; what are some historical examples of law?
Interpret this phrase:
‘Everyone is innocent until proven guilty’
How does the Bill of Rights ensure (guarantee) this idea?

28. American Legal System (15.3)
Civics 4.3

29. I. Procedure in a Criminal Case
Arrest
Must get warrant for arrest from judge
Suspect informed of their crimes, read rights
Indictment
grand jury decides whether to indict- formally charge of a crime
Always the state or federal gov’t that charges someone of a crime

30. C. arraignment -Brought to court to hear charges against them
Defendant makes a plea of guilty or innocent
If the he says guilty – the defendant arranges a plea bargain with the prosecution
defendant pleads guilty to a lesser crime
If says innocent –proceeds to jury trial
Can be released on bail while awaiting trial
Money you pay as a promise you will show for trial

31. Court Room

32. D. Elements of a Criminal Trial
Prosecution (gov’t) -party who starts proceedings
Defendant -person accused of crime always goes second
jury trial or bench trial- defendants have right to a jury, but can chose to tried before a judge alone

33. Summons- requests someone to testify in court
subpoena- requires someone to testify in court
call witnesses to give testimony who are cross-examined by other side
Procedure of criminal trial:
opening statements
Witnesses & evidence
cross-examination of witnesses & evidence
closing statements

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

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

36. What are the two categories of crime?
Plea bargains and misdemeanors
Misdemeanors & civil
Civil & criminal
Felony & misdemeanors

37. Which of the following is not a part of due process?
Trial by jury
Protection from double jeopardy
Right to an attorney
Right the refuse arrest by the police

38. Who can be adversaries in a criminal court case?
The bailiff and court clerk
The plaintiff and defendant
The defendant and the state
The witness and court stenographer

39. Habeas corpus Bail Settlement Plea bargain
A sum of money an arrested person pays to a court to win release from jail while awaiting trial is called:
Habeas corpus
Bail
Settlement
Plea bargain

40. Explain items #1 - 6
Place the events of due process in order
Arraignment
Sentencing
Arrest
Indictment
Trial
Verdict

41. Warm Up
What would be a fair & ethical punishment for a person who has been convicted of deliberately murdering two people?
What would be a fair & ethical punishment for a 15 year old who has been convicted of robbing an 80 year old woman?

42. “Addressing Criminal Behavior” (15.3, 16.3)
Civics Warm Up:

43. I. Justifying Punishment
Theory of retribution- criminal deserves punishment because of the crime they commit
Deterrence- both criminals and others see consequences of crime and punishment

44. punishment designed to rehabilitate
Rehabilitation- minds and characters of criminals should be reeducated to reenter society
Juveniles- under 18
punishment designed to rehabilitate
with murder, tried as an adult if over 16
Norwegian Prisons
US vs. Norway prisons

45. II. Types of Punishment (sentencing)
Incarceration- locked up in jail/prison
St. Louis jail
Hardest -
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
-if guilty person is mentally ill, sentenced to mental institution
3. mandatory sentencing –judge must impose whatever sentence the law directs for that crime

46. holds (detains) people either to
B. Detention- state 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 your home

47. Confiscation of property- take away criminal’s property
Monetary compensation- payment of money for return (restitution) of property
Confiscation of property- take away criminal’s property
Capital punishment- death penalty, for murder or treason
History of Death Penalty

49. Close What is your view about prison after today’s class?
Which theory of punishment do you think best serves society? Why?