Chapter 15:Chapter 15:Section 2 & Section 3Section 2 & Section 3

Criminal Law

• Aimed at preventing harm to people and property.

• In the courts, there is an ‘adversary system’:– Each lawyer presents the strongest case for its

side.– The judge is supposed to be impartial

• In criminal cases, government is always the plaintiff:– the party that brings charges against the

accused.

Criminal Law

• The accused is called the defendant

• Two ‘grades’ or levels of crimes:– Felonies: crimes with serious consequences for

the victim; includes rape, murder, arson, etc.– Misdemeanors: typically less serious; includes

vandalism and theft of inexpensive items.• Punishable by fines or jail terms of less than a year

• Crimes against property are the most common (illegally taking it or destroying it).

Criminal Law

• Three types of stealing:– Larceny: the unlawful taking away of another

person’s property with no intent to return it.– Robbery: the taking of a person’s property by

force or threats (often with a weapon).– Burglary: Unlawful entry into a ‘dwelling’ or

‘structure’ with the intent to commit a crime.

Civil Law

• Concerns disputes between people or groups when no laws have been broken.

• When a civil case goes to court, it’s called a lawsuit.

• People must take the initiative to file a lawsuit.

• Often times, lawsuits are about contracts (written, spoken, or implied).

Civil Law

• Tort Law:– Tort: a civil wrong– For example, a person is injured and claims that

another party is responsible.

• Family Law:– Regulated by state law– Involves divorce, child custody, abuse, etc.

Other Types of Laws

• Constitutional Law:– Law that deals with the formation, construction,

and interpretation of constitutions.– Cases about constitutional law helps decides the

limits of gov’t power and the rights of the individual.

• Administrative Law:– Refers to the rules and regulations the executive

branch must make to carry out its job.

Other Types of Laws

• Statutory Law:– Involves statutes, or laws written by any

legislative branch of the gov’t– Statutes may include speed limits, food

inspection rules, and even the right to return merchandise to a store.

Legal Rights in the Constitution

• Stare Decisis:– The process of using rulings in earlier cases to

build decisions about similar cases in the future.– Latin for “let the decision stand.”

• Writ of Habeas Corpus:– A writ is a written legal order– Requires officials to bring people to court and

explain why they are being held.

Legal Rights in the Constitution

• No bills of attainder:– These are laws that punish the accused without

a trial or a fair hearing.

• No ex post facto laws: – A law that punishes a person for something that

was not illegal when it was committed.

• Due Process of Law:– Gov’t may not take lives, liberty, or property

without the ‘proper exercise of the law’.– Guaranteed by the 5th and 14th amendments.

Rights of the Accused

• 4th Amendment: – protects against unreasonable searches and

seizures– Requires a search warrant (judges authorization)

• 5th Amendment: – protects against self-incrimination and double

jeopardy

• 6th Amendment: – Right to be defended by a lawyer– Right to a speedy, fair trial by an impartial jury.

Rights of the Accused

• Plea bargaining – a negotiation between the defense attorney and the prosecutor (gov’t’s attorney)– Because of this, most trials do not come to court

• 8th Amendment:– Protects against:

• Cruel and unusual punishments• Excessive bails and fines

– Bail: a sum of money an arrested person pays to a court to win release from jail while awaiting trial