1. LAW LAW CRIMINAL LAW-TYPES OF CRIME THE AMERICAN LEGAL SYSTEM
SOURCES OF LAW
LAW
CRIMINAL LAW-TYPES OF CRIME
THE AMERICAN LEGAL SYSTEM
CIVIL CASES
CRIMINAL CASES
JUVENILE CASES

2. 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.

3. Components of Good Laws
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.
Components of Good Laws
Fair – equal treatment
Reasonable – punishment fits the crime
Understandable – not too complicated.
Enforceable – government can enforce, people will obey.
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.

4. CRIMINAL LAW - TYPES OF CRIME
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.
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.

5. 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.

6. 4th 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)

7. 5th 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)

8. 6th 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.

9. 8th 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 1st degree murder.
- Only certain types of executions upheld.

10. 14th 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

11. CIVIL CASES STEPS IN A CIVIL CASE
Complaint – plaintiff/defendant, describes suit.
Summons – sent by court to defendant.
Discovery – find evidence in the case by both the defendant and the plaintiff.
Settlement – either side has a chance to settle the issue before going to court, or use an arbitrator. (Most cases decided before court)
Trial – Right to a jury, most decided by judge.
Appeal – if defendant loses, has right to appeal.

12. CRIMINAL CASES Arrest Police arrest & book suspect.
Preliminary Hearing
Suspect appears before a judge.
Bail is set.
Indictment
Grand jury (or judge) hears evidence & formally charges the suspect with the crime.
Arraignment
Defendant pleads not guilty.
Trial date is set.
Defendant plead guilty & accepts a plea bargain.
Trial
Prosecution & defense present cases to jury/judge
Jury/Judge reaches a verdict.
Acquittal
Defendant found not guilty or goes free.
Sentencing
Defendant found guilty.
Judge sentences defendant.

13. Goal of the Juvenile Justice System
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.