Transcript Chapter Six, Section Two

Tuesday January 15, 2013
• Learning Goal: I will be able to understand
the types of law (civil, criminal,
constitutional and military) that create the
foundation of the American legal system.
• Bell Ringer: What makes a “good” law?
Historical Legal Systems:
• Code of Hammurabi: First set of laws
of history. (1760 B.C.)
• Type of Law- Civil
• Roman Law: Ancient Romans created
a legal system with a court system
(judge) that traveled throughout
Western Europe. (527 A.D.)
• Type of Law- Criminal
Why is there a Legal System?
Rule of Law:
All people,
including
politicians and
other leaders,
must obey the
law.
Types of Laws
• There are two (2) types of law that affect
Americans directly today that help maintain a
peaceful and orderly society:
• “Criminal” Law PROTECTS
AS A WHOLE
• “Civil” Law
SOCITY
Other Types of Law
Military Law
Constitutional Law
• The body of laws and rules • The area of law that has to
of conduct administered by
do with the subject matter
military courts for the
and with the interpretation
discipline, trial, and
and construction of
punishment of military
constitutions or that deals
personnel
with the nature and
organization of
• Example: Court-Martial
government.
• Example: Judicial Review
“Criminal” Law
• “Criminal” laws are
laws that seek to
prevent people from
deliberately or
recklessly harming
each other or each
other’s property.
Our Court System
• American courts
operate on an
“adversary” system of
justice, meaning the
courtroom serves as an
“arena” in which
lawyers for opposing
sides try to present
their strongest case.
“Criminal” Law
• In criminal cases, the
government is always
the “plaintiff”, or the
party that brings the
charges against the
alleged criminal.
• The individual or
group being sued is
the “defendant”.
“Criminal” Law
• There are two (2)
types of crimes:
• “Felonies”
• “Misdemeanors”
Felony Crimes
• “Felony” crimes are the most serious
crimes with the most serious consequences
(murder, rape, kidnapping, robbery, etc.)
Misdemeanor Crimes
• “Misdemeanor” crimes are less serious
and often do not have very serious
consequences (vandalism, theft, traffic
violations, etc.)
Criminal Process
• Once an arrest has
been made by law
enforcement, the
suspect will be
informed of his/her
rights.
• This is a result of the
1966 Supreme Court
case “Miranda v.
Arizona”…
Criminal Process
• Suspects then appear
before the court in a
“hearing” to hear the
charges against them
and listen to the
judge’s decision on
the next step.
Criminal Process
• At an “arraignment”,
suspects formally hear
the charges and are
asked to enter a
“plea”. Plea
Bargain– You will
need to know this for
the test!
• They will enter
“guilty”, “not guilty”,
or “no contest”…
Criminal Process
• During their criminal
trial, each side will call
witnesses to testify (or
give answers under
oath) in the case.
• These witnesses will
also be “cross
examined” by the
other side.
Criminal Process
• Defendants are either
found “guilty”, are
“acquitted” (found
“not guilty”), or the
judge can declare a
“hung jury” (a
“mistrial” is declared
by the judge)
Criminal Penalties
• Criminal penalties are
designed to:
• Provide
punishment so the
criminal pays for
the crime against a
victim or society
Criminal Penalties
• Criminal penalties are
designed to:
• Remove prisoners
so they are not a
threat to society
Criminal Penalties
• Criminal penalties are
designed to:
• Deter criminals
from committing
repeated crimes
Criminal Penalties
• Criminal penalties are
designed to:
• “Rehabilitate”
criminals so they
can reenter society
and become
productive
members
“Civil” Law
• “Civil” laws are for
disputes between
people or groups of
people in which no
criminal laws have
been broken.
• Since there is no
threat to society, the
state does not take
action.
“Civil” Law
• When a civil case goes
to court, it is called a
“lawsuit”, which is a
legal action in which a
person or group sues
to collect “damages”
(an award of money)
for some harm that is
done.
“Civil” Law
• As in a criminal case,
a “plaintiff” is the
individual or group
that files the lawsuit.
• Also, the “defendant”
is the individual or
group that is being
sued.
“Civil” Law
• A case begins when a
“complaint” is filed (a
formal statement naming
those involved and
describing the nature of the
lawsuit)
• Once filed, a “summons”
OR SUBPOENA (YOU
WILL NEED TO KNOW
THIS) (a document
ordering a defendant to
appear) is sent by the court.
“Civil” Law
• A defendant may
respond to the suit in a
“pleading”
(complaint and answer
together).
• “Discovery” is the
name of the process in
which lawyers for the
plaintiff and defendant
check facts and gather
evidence for the case
“Civil” Law
• In an “equity” lawsuit,
issues are resolved by
a judge based on the
grounds of fairness.
• Judges often issue an
“injunction” (or a
court order
commanding a person
or group to stop a
certain action)
Legal Protections in the
U.S. Constitution
• Rulings in court cases
are decided by written
laws and precedents
of earlier cases.
• “Stare decisis” means
“let the decision
stand”, or the practice
of using earlier
judicial rulings as a
basis for deciding
cases.
Legal Protections in the
U.S. Constitution
• “Writ of habeas
corpus” is a court
order that requires
police to bring a
prisoner to court to
plain why they are
holding the person
Legal Protections in the
U.S. Constitution
• “Bills of attainder”
are laws that punish a
person accused of a
crime without a trial or
a fair hearing in court.
Legal Protections in the
U.S. Constitution
• “Ex post facto laws”
are laws that allow a
person to be punished
for an action that was
not against the law
when it was
committed..
Legal Protections in the
U.S. Constitution
• “Due process” is the
legal procedures
established when
dealing with the
accused.
Amendment Protection
• Several of the
amendments of the
Constitution help
protect the rights of
the “accused”:
•
•
•
•
Fourth
Fifth
Sixth
Eighth
“Fourth Amendment”
• This amendment
protects citizens from
“unreasonable
searches and
seizures”
• Law enforcement must
obtain a “search
warrant” (signed by a
judge) specifying the
exact place to be
searched and what
objects may be seized.
“Fifth Amendment”
• This amendment
protects the rights of
the accused:
• No self incrimination
• Right of due process
• No “double jeopardy”
(accused of the same
crime more than once)
• Right to a “grand
jury” (where a group
of citizens determine if
there is enough
evidence to continue)
“Sixth Amendment”
• This amendment
protects the rights of
the accused by
granting counsel (or a
lawyer)
• If the accused can not
afford one, the state
must provide one.
“Eighth Amendment”
• This amendment
protects the rights of
the accused by
forbidding “cruel and
unusual
punishments” or
“excessive bail”
• “Bail” is a sum of
money paid to court to
win release while
waiting for their trial.
Young People & the Courts
• Citizens under a certain
age are considered
“juveniles” (18 in most
states)
• Those who commit
crimes against society
are considered to be
“juvenile delinquents”
(not old enough for
adult courts)
Young People & the Courts
• Most crimes committed
by juveniles are
“misdemeanors” (less
serious)
• However, juveniles do
commit “felonies”
(more serious).
Young People & the Courts
• The primary goal of the
juvenile court is to
“rehabilitate” the
juvenile (or correct the
behavior) rather than to
punish.
• These courts basically
handle “neglect” and
“delinquency” cases
Young People & the Courts
• Many police
departments have
officers who try and
“divert” (or steer away
from the court system)
these juveniles.
Young People & the Courts
• While court trials for
juveniles are similar to
adults, they do NOT
have the right to a jury
trial.
• The judge makes the
decision.
Young People & the Courts
• The rights of juveniles
were established in the
1967 “In re Gault”
Supreme Court case
(right to counsel, remain
silent, confront
witnesses etc.)
Young People & the Courts
• Unlike adult trials, the
identity of juveniles is
kept secret and the
criminal records of these
juveniles can be erased
when they reach
adulthood.