Transcript The U.S. Legal System

CHAPTER 12
AMERICAN
HOLT
GOVERNMENT
The U.S. Legal System
Section 1: U.S. Law
Section 2: The Criminal Justice System
Section 3: Corrections
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AND
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The U.S. Legal System
AMERICAN
Section 1:
U.S. Law
GOVERNMENT
HOLT
Objectives:
 What is common law, and where did it originate?
 What is statutory law?
 Whom does administrative law govern?
 What is the difference between civil law and criminal
law?
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HOLT, RINEHART
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The U.S. Legal System
AMERICAN
Section 1:
U.S. Law
GOVERNMENT
HOLT
Common law:
 determined by decisions of fairness made by judges in
earlier cases when no law applied
 based on the principle of negligence
 originated in England when few written laws existed
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The U.S. Legal System
AMERICAN
Section 1:
U.S. Law
GOVERNMENT
HOLT
Statutory law:
 passed by the lawmaking bodies of local, state, and
national governments
 used in many circumstances, such as to create or
eliminate government programs, control crime
penalties, or change the salaries of government
employees
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The U.S. Legal System
AMERICAN
Section 1:
U.S. Law
GOVERNMENT
HOLT
Administrative law applies to government
agencies that carry out congressional legislation.
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The U.S. Legal System
AMERICAN
Section 1:
U.S. Law
GOVERNMENT
HOLT
Differences between civil law and criminal law
Civil law:
 applies to private disputes
 punishable by fines
Criminal law:
 applies to actions prohibited by the government
 punishable by fines or imprisonment
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AND
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The U.S. Legal System
AMERICAN
Section 2:
The Criminal Justice System
GOVERNMENT
HOLT
Objectives:
 Who enforces criminal laws?
 What process does an accused person go through after
his or her arrest?
 What is a plea bargain?
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The U.S. Legal System
AMERICAN
Section 2:
The Criminal Justice System
GOVERNMENT
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The police system enforces criminal laws.
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HOLT, RINEHART
AND
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The U.S. Legal System
AMERICAN
Section 2:
The Criminal Justice System
GOVERNMENT
HOLT
Steps an accused person goes through after his or
her arrest:
1. appearance in court before a judge to determine if bail should
be set
2. preliminary hearing—judge decides if enough evidence exists
against the accused to be formally charged
3. indictment—the accused is formally accused before a grand
jury or by an information
4. arraignment—the accused is formally notified of the charges
against him or her and is asked to enter a plea
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HOLT, RINEHART
AND
WINSTON
The U.S. Legal System
AMERICAN
Section 2:
The Criminal Justice System
GOVERNMENT
HOLT
Steps an accused person goes through after his or
her arrest:
5. jury selection— prosecution and defense choose a jury of 6 to
12 people for trial to begin
6. trial—both sides present evidence and have witnesses testify
about the case
7. verdict—jury decides the guilt or innocence of the accused
8. sentencing—judge sets punishment for the convicted defendant
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HOLT, RINEHART
AND
WINSTON
The U.S. Legal System
AMERICAN
Section 2:
The Criminal Justice System
GOVERNMENT
HOLT
A defendant might chose a plea bargain to avoid
going to trial by pleading guilty to a less serious
charge, which might reduce the sentence that he
or she might have received if found guilty in trial.
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HOLT, RINEHART
AND
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The U.S. Legal System
AMERICAN
Section 3:
Corrections
GOVERNMENT
HOLT
Objectives:
 What are the various sentencing options in the
criminal justice system?
 What is parole?
 Why is capital punishment controversial?
 What happens to juvenile offenders after their arrest?
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HOLT, RINEHART
AND
WINSTON
The U.S. Legal System
AMERICAN
Section 3:
Corrections
GOVERNMENT
HOLT
Sentencing options in the criminal justice system:
 probation
 imprisonment
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The U.S. Legal System
AMERICAN
Section 3:
Corrections
GOVERNMENT
HOLT
Parole:
 the early release of convicts from prison
 determined by a parole board
 based on the prisoner’s previous record and the facts
of the crime he or she committed
 set based on the time remaining on the sentence
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WINSTON
The U.S. Legal System
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Section 3:
Corrections
GOVERNMENT
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The controversy of capital punishment
Arguments supporting it:
 costs less than life imprisonment
 deters people from committing murderous crimes
 is a just punishment
Arguments opposing it:





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has a costly appeals process
does not deter people from committing murderous crimes
may lead to the death of innocent people
is cruel and unusual
is discriminatory in the way its administered
HOLT, RINEHART
AND
WINSTON
The U.S. Legal System
AMERICAN
Section 3:
Corrections
GOVERNMENT
HOLT
Process juvenile offenders undergo after their
arrest:
1. The offender is taken to a juvenile detention center.
Bail is usually denied.
2. In juvenile court, a judge decides whether to release
the offender. Many states do not grant juveniles the
right to a trial by jury.
3. Juveniles found guilty may pay a fine or be sentenced
to probation or community service.
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AMERICAN
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Chapter Wrap-Up
1. How are criminal laws and civil laws
different?
2. List the four main types of laws.
3. What is the difference between a felony and a
misdemeanor?
4. List the steps that an accused person typically
goes through after being booked by the police.
5. What part does the grand jury play in
indicting someone who is accused of a crime?
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AMERICAN
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Chapter Wrap-Up
6. Why can different people convicted of the
same crime receive widely different
sentences?
7. What are two benefits of probation?
8. By what process is a prisoner granted parole?
9. In what ways are juvenile offenders treated
differently from adults?
10. What are the major arguments for and
against the death penalty?
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