“our legal system - citizenship and the law”. part 1

“Our Legal System - Citizenship and the Law”

Part 1

Source of Laws

Laws can come from several different sources. In America, law can come from:– Historical Law Codes– “Statutory” Law – “Case” Law – “Common” Law – Constitutional Law

Sources of LawsHistorical Law Codes

Historical Law Codes – Code of Hammurabi (1772

B.C.E.) – written code of rules from ancient Babylon, each crime was given a specific punishment depending on one’s social position.

Sources of LawsHistorical Law Codes

– Magna Carta (1215 C.E.) – government document that limited the power of the King of England. Some of the rights in this document appear in the U.S. Constitution and Bill of Rights.

Sources of Laws“Statutory” Law

“Statutory” Law – laws from statutes

– Any law that is passed by a legislative body is called a statute, or statutory law.

– Congress, state legislatures and local government all pass these kinds of laws.

– Example: The law that says all buildings have to have fire exits is a statute.

“Case” Law – based on Supreme Court decisions

– A source of law based on the decisions and outcomes of cases heard by the Supreme Court

– Gideon v. Wainwright (1963) was a landmark Supreme Court case that established the case law and precedent that all people will be provided an attorney even if they cannot afford them according to how the Supreme Court interpreted the 6th Amendment.

Sources of Laws“Case” Law

“Common” Law – based on tradition– law that is based on

precedent (ruling on earlier cases) on customs (tradition)

Sources of Laws“Common” Law

Constitutional Law - The US Constitution also gives us law.

Sources of Laws“Constitional” Law

Types of Laws

There are several different types of law that affect Americans directly today that help maintain a peaceful and orderly society– Military Law– Constitutional Law– Criminal Law– Civil Law– Juvenile Law

Types of Law“Military” Law

Military Law governs the behavior of the men and women that serve in the US Armed Forces.– This law is supported by the Uniform Code of

Military Justice and addresses laws related to desertion, treason, crimes of war, treatment of prisoners, and the military trial process.

Based on the Constitution Is the basis for much of

what becomes “case” law

Types of LawConstitutional Law

Criminal laws are laws that seek to prevent people from deliberately or recklessly harming a person or someone’s property.

A crime is an act that breaks the law and for which there is a punishment.

Types of LawCriminal Law

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” CasesIn these types of cases, the government always acts as the “plaintiff” (the person bringing the charges) and the person being charged is the “defendant”.

i.e. State of Florida v Joe Smith

“Criminal” Law

Two types of Crimes are:– “Felonies”– “Misdemeanors”

Felony Crimes

Felonies are the most serious crimes with the most serious consequences

Examples are murder, rape, kidnapping, robbery, etc.

Misdemeanor CrimesMisdemeanors are less serious and often

do not have very serious consequences Examples are vandalism, theft, traffic

violations, etc.

Process of a Criminal TrialOnce 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

Process of a Criminal Trial

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.

Process of a Criminal Trial

At an arraignment, suspects formally hear the charges and are asked to enter a “plea.”

Process of a Criminal TrialPossible pleas are:

– “guilty”, – “not guilty”, or – “nolo contendre”

means “I do not wish to contend “or “no contest”

Defendant does not dispute the charge.

Process of a Criminal TrialDuring a criminal trial, there are four steps:

1. Opening Statements

2. Testimony of Witnesses

3. Closing Statements

4. Verdict (Outcome)

Step #1: Opening Statements

Both sides (prosecution and defense) will give their opening statement which tells the judge and the jury their side of the

Step #2: Testimony of Witnesses

Each side will then call witnesses to give testimony (or answers given under oath) in the case.

These witnesses will also be cross-examined by the other side.

Step #3: Closing Statements

Once all of the witnesses have been questioned and crossed, the prosecution and defense will offer their closing statements and ask the jury to rule in favor of their side.

Step #4: VerdictAfter the closing

statements have been given, The jury will be sent to deliberate, or discuss the evidence presented.

Once they reach a unanimous decision they will announce the verdict, or the outcome of the case.

Criminal ProcessDefendants are eitherfound guiltyare acquitted - found “not guilty” *the judge can also declare a hung jury (or unable to make unanimous decision) the trial will be ruled a “mistrial”.

Criminal Penalties

If the defendant is found guilty, the judge will sentence them (assign their penalty)

Criminal penalties are designed to either:– Provide punishment so the criminal pays for the

crime against a victim or society– Remove prisoners so they are not a threat to

society– Deter criminals from committing repeated

crimes– Rehabilitate criminals so they can reenter

society and become productive members

Part 2

Civil laws are disputes between people or groups of people in which no criminal laws have been broken.

Types of LawCivil Law

Types of LawCivil 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 for some harm that is done and seeks damages (an award of money).

Types of LawCivil Law

The plaintiff is the individual or group that files the lawsuit and the defendant is the individual or group that is being sued.

Types of LawCivil Law

Cases begin when a complaint is filed (a formal statement naming those involved and describing the nature of the lawsuit).

Once filed, a summons, or a document telling the defendant that there is a lawsuit against them and orders the defendant to appear in court, is sent by the court.

Types of LawCivil 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.

Types of LawCivil Law Rulings

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.

– Judges can also issue a summary judgment, or when a judge applies a judgment against one party without a full trial if there is a motion to do so.

Types of LawJuvenile Law

Citizens under a certain age are considered juveniles (18 in most states). – These citizens who commit

crimes against society are considered to be juvenile delinquents, or criminals not old enough to be processed through the adult court system.

– Laws that apply to juveniles are called juvenile laws.

Types of LawJuvenile Law

While most crimes committed by juveniles are classified as misdemeanors, some more serious felonies are committed by juveniles as well.

Types of LawJuvenile Law

The primary goal of the juvenile court is to rehabilitate the juvenile (or correct their behavior) rather than to punish.

Juvenile courts handle two types of cases:– neglect (neglected or abused

by their caregiver)– delinquency (juveniles who

commit crimes)

Types of LawJuvenile Law

Most police departments have officers who try and divert, or steer, the juvenile away from the court system

Types of LawJuvenile Law

The rights of juveniles were established in the 1967 “In re Gault” Supreme Court case– Juveniles have all rights

related to due process - right of counsel, right to remain silent, right to confront witnesses against them, etc.

Types of LawJuvenile Law

While court trials for juveniles are similar to adults, the major difference is that they do NOT have the right to a jury trial.

Types of LawJuvenile Law

Unlike adult trials, the identity of juveniles is kept secret and the criminal records of these juveniles can be erased when they reach adulthood.

Legal Protections in the U.S. Constitution

The United States Constitution provides equal protection for people who have been accused of a crime or are being sued in a lawsuit. This means that we must treat every person the same.

Legal Protections in the U.S. Constitution

This comes from the principle of rule of law which prevents an abuse of government power and provides for accountability to the law. (No one is above the law)

This is the basis for our legal system.

Legal Protections in the U.S. Constitution

All people are guaranteed:– A public trial in a TRIAL

COURT.– The idea that they are

considered innocent until proven guilty

– The right to ask for an appeal of their case if the courts have made a mistake

Legal Protections in the U.S. Constitution

The Constitution protects certain basic legal rights of Americans:– “writ of habeas corpus” -

a court order that requires police to bring a prisoner to court to explain why they are holding the person.

Legal Protections in the U.S. Constitution

– “bill 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 law” - 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” - 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 Amendment”

Fourth Amendment: no unreasonable searches and seizures– search warrant: signed by

a judge specifying the exact place to be searched and what objects may be seized.

“Fifth Amendment”Fifth Amendment:

protects the rights of the accused.– “double jeopardy”:

accused of the same crime more than once.

– “grand jury”: where a group of citizens determine if there is enough evidence to continue to trial.

“Sixth Amendment”

Sixth Amendment: protects the rights of the accused by granting legal counsel.

“Eighth Amendment”Eighth Amendment:

protects the rights of the accused by forbidding “cruel and unusual punishments” or “excessive bail”– bail: a sum of money paid

to court to win release while waiting for their trial.