1. Unit 6: Making Laws & Legal Process
Objective 1 Compare and contrast different types of laws, their purpose, and how they are carried out. Objective 2 Analyze the process of debating and making laws in the different branches and levels of government.

2. The Basics What is the purpose of law?
Keep peace by setting punishments that prevent violent acts
Decide how justice will be administered
Set rules for deciding disagreements over civil matters
What are the characteristics of a good law?
Treat people equally under the law (fair)
Reasonable
Understandable
Enforceable

4. An Ecosystem of Law State of Nature: Fish are friends, not food
Schooling fish
Which of the above views is Hobbes? Locke?

5. History of Law Hammurabi’s Code Ten Commandments
First written laws. Why is this important?
Harsh by today’s standards – ex. Eye for eye, life for life
Included both criminal and civil law
“Cause justice to prevail in the land / To destroy the wicked and evil / That the strong may not oppress the weak.”
Ten Commandments
Religious duties – ex. “keep the sabbath”
Moral and ethical conduct – ex. “thou shall not steal”

6. Roman Law English Law Jurisprudence: the study of law
Basic principles – ex. Innocent until proven guilty beyond reasonable doubt
English Law
Common Law: based on traditions and precedent
Magna Carta – ex. due process of law, trial by jury of peers
English Bill of Rights: power to legislature

7. Back to the Metaphor
Once we get used to government, different elements become key to making it work:
Now assign the elements in the tank a label:
Constitutional, administrative, statutory, common
Bowl, gravel, water, decor

8. Sources of Law Constitutional Administrative Statutory Common Law
Deals with formation, construction, and interpretation of constitutions
Rights of citizens, limits on government
Administrative
Rules and regulations that the executive branch must make to carry out its job
Statutory
Law written by a legislature
The term statute now refers specifically to laws written by state legislatures
Common Law
Law established by judicial precedent

9. Types of Law
Criminal: Prevents people from deliberately or recklessly harming others or property
Felony: serious
Misdemeanor: minor
Civil: Settles disputes between people when no law has been broken
Tort law: injury occurs due to negligence
Family law: Examples?

11. International Juvenile
Geographic areas outside of a single country (ex. Oceans)
Agreements between two or more countries
Geneva (rules of war), Paris Summit (environment), United Nations Tribunals (genocide)
Why is international law so complicated?
Juvenile
Two types of cases: neglect, delinquency
What are the main goals of juvenile law?

12. Influencing Law
How do each of these groups affect the lawmaking process in the U.S.?
Political Parties
Constituents
Interest Groups
Lobbyists
Media
Public Opinion

13. From Bill to Law
Idea is proposed by members of Congress, lobbyists, political parties, etc.
Bill is written up and sponsored by a senator or representative

14. in committee…
Each bill goes to the appropriate standing committee where experts are consulted and amendments are discussed. It can be:
passed with no changes
passed with changes
replaced with an alternative
ignored or “pigeonholed”
killed

15. on the floor…
Floor Debate: Both houses allow all members to debate the bill and propose changes.
There are some different rules in the Senate. Why?
Senators can add amendments called “riders” that are unconnected to the bill
Senators can filibuster because there are no speaking time limits. They can only be ended by a “Cloture” vote of 3/5 of the Senate.
Vote: a simple majority of 51% is needed to pass a bill

16. to the other house….
Passed bill goes to the other house and starts the process all over again (committee > floor)
If changes are made to the bill to pass the second house…
Goes to conference committee to reconcile it into one single version
Final compromise bill must be approved by both houses

17. at the White House… The President can Sign the bill into law
Veto the bill
Can still become law if overridden by a 2/3 vote of both houses of Congress. If not, it dies.
Keep the bill for 10 days
If Congress is in session, it becomes law, but if Congress adjourns during that time, it dies (this is the pocket-veto).
Why not just sign or veto?

18. Legal Process
Objective 3 Compare different law enforcement agencies, courts, and trials at the federal and state levels. Objective 4 Evaluate the degree to which due process has been protected by Supreme Court decisions.

19. Review… Writ of Habeas corpus Ex post facto laws Bills of attainder
Rule of Law
Due process
Equal protection
Double jeopardy
Eminent domain
Self-incrimination
Probable cause
Grand jury indictment
Appeal

20. FEDERAL STATE LOCAL Courts/ Judicial Officers U.S. Supreme Court
Circuit Cts of Appeals
Federal District Cts
U.S. Attorney General
N.C. Supreme Court
Courts of Appeals
Superior Court
District Courts
N.C. Attorney General
District Attorneys
Public Defenders
Law Enforcement Agencies
Dept of Justice
FBI
Marshals Service
DEA
ATF
Homeland Security
Secret Service
Dept of Public Safety
N.C. Highway Patrol
N.C. National Guard
State Bureau of Investigation (SBI)
Dept of Correction
Wake County Sheriff Department
Raleigh Police Department

21. Due Process
Procedures that must be followed to protect life, liberty, and property
5th Amendment: Federal
14th Amendment: States
Can you resist arrest if due process is being violated?

27. Exclusionary Rule
4th Amendment – must have probable cause or search warrant to search or seize property
Mapp v. Ohio
Search must be strictly limited to the terms of the warrant
Any evidence gained from an illegal search must be excluded from the trial
Do you think this is fair?

28. Miranda Rights
Miranda v. Arizona: suspects must be informed of rights at time of arrest, before custodial interrogation takes place
Rights included in the warning
5th Amendment: Right to remain silent
6th Amendment: Right to lawyer

29. Public Defense Gideon v. Wainright
When must the government provide a lawyer for someone accused of a crime?
Gideon v. Wainright
Having a lawyer is essential to due process
Public defense must be offered if necessary for any charge that could result in prison time, at the federal or state level

30. Right to Counsel
Video:

31. Capital Punishment Furman v. GA and Gregg v. GA
Do you believe that the death penalty violates the 8th Amendment as “cruel and unusual punishment”?
Furman v. GA and Gregg v. GA
Limitations: Cannot be biased or arbitrary, cannot be used for the mentally ill or juveniles
Used by federal government and many states
States had to come up with a system to meet constitutional standards
In North Carolina?

32. Types of Crimes Crimes against People vs. Property
Murder, manslaughter, assault, battery
Theft, Arson, Vandalism, Trespassing
Felonies vs. Misdemeanors
More or less than 1 year in prison
Can vary depending on state and previous record
Federal vs. State
Federal priorities: Threats to national security like Terrorism or Espionage, Human or Drug Trafficking, Organized crime, Bank robbery, “White-collar” crimes like fraud, Kidnapping, etc.
Victimless?

33. Criminal Cases Arrest Pre-trial Trial Jury selection (voir dire)
Proper warrants
Miranda warning
Access to lawyer
Pre-trial
Preliminary hearing
Charges, bail set
Grand jury indictment in felony cases
Arraignment, plea:
Guilty, No Contest, or Plea Bargain: no trial
What are the pros/cons of plea bargaining?
Trial
Jury selection (voir dire)
Evidence and testimony, cross-examination
Jury deliberation and verdict
Acquit: cannot be retried (double jeopardy)
Hung jury: Retrial or prosecution drops charges
Guilt: beyond all reasonable doubt
Sentencing by judge
Can appeal
Possibility of parole?

34. Civil Cases Complaint Pre-trial Trial Plaintiff files lawsuit
Defendant summoned
Pleadings, counter-suit?
Pre-trial
Discovery
All evidence and witnesses shared on both sides
Conference
Most end before trial
Lawsuit dropped
Settle out of court
Mediation
Arbitration
Trial
Jury may be requested
Evidence and testimony, cross-examination
Decision
Plaintiff wins: produced a “preponderance of evidence” that defendant caused harm
Remedy set: Monetary compensation, injunction issued, rights restored
Defendant wins: court costs paid by plaintiff
Appeal
Either side can appeal for reversal or different remedy

35. Punishment Why do criminals receive different punishments?
What purposes do they serve – punishment, safety, retaliation, deterrence, rehabilitation, etc.?
Warning, Fine, Community Service, or Probation?
Incarceration or Institutionalization?
Minimum or Maximum security prison?
Prison with or without possibility of parole?
Life Sentence or Death Penalty?
Civil remedies?
Compensatory damages
Punitive damages
Injunctions

36. Juvenile Cases Civil cases: custody, rights, injury
Criminal cases: Neglect, Delinquency
How do they differ from adult cases?
Special courts, officers, and lawyers
Closed to public, records sealed, no jury
Can start with a petition by school or parent
Punishment focused on rehabilitation
Stern lecture, special school, correctional facility
If neglect is found, court becomes guardian