1. Street Law Chapter 1WHAT IS LAW?

2. What is law? Laws are the rules and regulations made and enforced bygovernment that regulate the conduct of people within asociety Home: chores and bedtime School: rules about classroom behavior. Confusion and disorder with no laws. Government cannot function effectively unless its laws arerespected by the people the laws are intended to govern. Society must be based on the rule of law. known in advance Created through democratic process 3. Problem 1.1 Students will complete problem 1.1 on page five intheir notebooks independently at their seats. Upon completion of listing these 10 daily activitiesstudents will pair into their groups to share ideasand answer the questions associated with problem1.1 4. Laws and Values Laws = societys traditional ideas ofright and wrong. Laws against murder reflect a moralbelief that killing another person iswrong. Most people will condemn murder Not everything that is immoral is alsoillegal. 5. Our Legal System Should Achieve Many Goals: Protecting basic human rights Promoting fairness Helping resolve conflicts Promoting order and stability Promoting desirable social and economic behavior Representing the will of the majority Protecting the rights of minorities Balancing these are difficult 6. Laws must balance: rights with responsibilities the will of the majority with the rights of theminority, order with the need for basic human rights 7. Problem 1.2: The Shipwrecked Sailors Students will read the case of the shipwreckedSailors quietly at their seats on page six. Upon completion of reading students will answer thequestions independently. After the students independently answer thequestions they will pair into their groups to shareanswers. 8. Laws can be based on: Moral Economic Political Social values As values change, so can laws 9. Moral Values Deal with the fundamental questions of right and wrong Little impact on a large group 10. Economic Values: Economic values deal with the accumulation, preservation, use, and distribution of wealth. Many laws promote economic values by encouraging certain economic decisions and discouraging others. Example: the law encourages home ownership bygiving tax benefits to people who borrow money topay for home. Example: Laws against shoplifting protect propertyand discourage stealing by providing the criminalpenalty. 11. Political Values Reflect the relationship between government andindividuals Laws making it easier to vote promote citizenparticipation in the political process 12. Social Values Concern issues that are important to society Affects more people than moral values Example : students are provided with free public Example: In the past society believe that school sports were not as important for girls as for boys. Today laws require schools to provide females with sports opportunities similar to those offered to males. 13. Many laws are a Combination of moral, economic, political, and social values: Laws against theft deal with the moral issue ofstealing, the economic issue of protection of property, thepolitical issue of how government punishes those whoviolate criminal statutes, and the social issue ofrespecting the property of others Laws cant solve all problems In 1919, the U.S. constitution was amended to prohibit themanufacture and sale of alcoholic beverages in this country. 14 years later it was repealed and constitution amended What constitutional amendment prohibited themanufacture and sale of alcoholic beverages? (pleaserefer to pages 570 -599) What constitutional amendment repealed thisamendment? 14. What value does the nations drug war impact? Moral, Economic, Social, or Political? Prison overpopulation Invisible punishments Civil liberties that accompany a felony conviction A record number of children growing up with the stigma ofhaving a parent in prison Loss of emotional and financial support Disproportionate effects of imprisonment on low-incomecommunities of color have collateral consequences on familyformation and stability Spending on prisons at the state level is now competingdirectly with support for higher education and other vitalsocial services. 15. Problem 1.3 Homework review on page 8 16. Human Rights Human Rights are the rights all people have just because they are human beings. Both government and private individuals can violate human rights. Human rights apply in peoples homes, schools, and workplaces. The Universal Declaration on Human Rights (UDHR) isa statement of basic human rights and stands forgovernment that has been agreed to buy almost everycountry in the world. (please see page 600 607) First written an adopted by the United Nations (UN) in1948 under the leadership of Eleanor Roosevelt, itproclaims that all people have the right toliberty, education, political and religious freedom, andeconomic well being. 17. The Universal Declaration of Human Rights Is not a binding treaty for the U.S. United Nations has established a system of internationaltreaties and other legal mechanism to enforce humanrights. These include two major treaties:1. The International Covenant on Civil and PoliticalRights protects rights such as freedoms of speech,religion, and press and the right to participate ingovernment2. The International Covenant on Economic, Social, andCultural Rights provides for rights such as the right toadequate education, food, housing, and health care. 18. The Universal Declaration of Human Rights Why dont you think the U.S. government ratified the covenant on economic, social and culture rights? 19. Other important human rights treaties covering specific areas of human rights including: Genocide Discrimination against women And the rights of children Reservations: a legal means for making a provision less enforceable than it might otherwise be. 20. Problem 1.4 on page 10 Students will independently list 10 most importanthuman rights that they believe should be guaranteed. They will pair into their groups to answer the rest ofthe questions. 21. Human Rights USA Problem 1.5 The United States was a strong supporter and promoter of the UDHR whenit was written in 1948. However, the U.S. government is reluctant to lethuman rights treaties become enforceable law in the United Statesbecause, in some instances, they would supersede existing state and federallaws. Most human rights treaties provide rights not present in the U.S.Constitution, such as the rights to education, healthcare, housing, food, employment, and an adequate standard of living. These are referred to as social and economic rights. The constitution, with the bill of rights and other amendments, is a muchstronger protector of political and civil rights than of economic, social, andcultural rights. (freedom of speech, religion, assembly, the right tovote, and freedom from some kinds of discrimination). Landmark cases have shaped social rights in the past. Example:Desegregation of public schools. Generally our government operates ona system of capitalism. 22. Problem 1.5 #1 The Constitution, with the Bill of Rights and other amendments, is amuch stronger protector of political and civil rights (e.g., freedom ofspeech, religion, assembly, the right to vote, and freedom from somekinds of discrimination) than of economic, social, and culturalrights. 1. At issue is Article 18 of the UDHR, which states that everyone hasthe right to freedom of thought, conscience, and religion, includingthe freedom to manifest ones religion, either alone or in communitywith others, in teaching, practice, worship, and observance It can be argued that a teacher preventing prayer in a school is inviolation of this article and the human rights contained therein. However, it can also be argued that allowing prayer, particularly in apublic school, may constitute official endorsement of one religionover another and therefore violates the rights of others (includingteachers) who do not wish to pray, or who belong to a religion thatdoes not approve of public prayer or of the contents of the prayer. 23. Problem 1.5 #2 2. At issue are Article 25 and possibly Article 23 ofthe UDHR. Article 25 states that everyone has theright to an adequate standard of living, includingfood and other necessities, and that children areentitled to special care and assistance. In thissituation, the childs right to food is being violated. Article 23.3 guarantees that everyone who works hasthe right to compensation that ensures the workerand his/her family an existence worthy of humandignity and supplemented, if necessary, by othermeans of social protection. 24. Problem 1.5 #3 3. At issue are Articles 23 and 26 of the UDHR Article 23sets out everyones right to work, and Article 26 providesa right to education. In the United States, education usually increases oneslikelihood of gaining employment and getting a higher-paying job. The quality of public schools varies. Often the betterschools are in wealthy suburban counties, which cancollect more local taxes than can many urban and ruralcounties. Do you think this is a human rights violation? What, ifanything, can or should be done about this? 25. Problem 1.5 #4 4. The articles at issue here are Articles 2, 9, and 13.This scenario reflects a frequent occurrence after theSeptember 11, 2001 attacks on the World TradeCenter and the Pentagon. Since September 11, Arab Americans and civilliberties organizations have complained that thegovernment has discriminated against ArabAmericans for no other reason than having an Arabname. 26. Problem 1.5 #5 5. At issue are Articles 1, 2, 7, 19, 22, 26, and 27 of the UDHR. This scenario is rich with human rights issues, especially considering current debates about English-only laws and bilingual education. 27. Problem 1.5 #6 6. At issue are Articles 2, 37 and 25 of the UDHR. Article 25 says that everyone has the right to an adequate standardof living for their health and wellbeing and to medical care. Thisright seems to have been violated for the woman in this example. The woman is being denied because she has no property and she ispoor. This is a human rights violation. Article 3 guarantees the right to life, including good health, whichthe woman is being prevented from enjoying. Some of you may argue that the government or society cannotguarantee this right for everyone, that individuals must earn thenecessary money themselves or get a job with health insurance. It is important to distinguish the question of whether a human righthas been violated from the question of whose responsibility it is toprotect, or pay for guaranteeing, a right. Whose role it is, if anyones, to provide medical care in our society? 28. Problem 1.5 #7 7. At issue are Articles 2, 3, 19, and 25 of the UDHR. This example raises the issue of homelessness, which relates to the human right to housing and living standards discussed in Article 25. 29. Problem 1.5 #8 8. This scenario may involve Article 18, freedom of religion;Article 26, the right to education; and Article 27, the right toparticipate in the cultural life of the community. While there is no definitive court ruling on this issue, theMuslim girl can argue that she is practicing her religion andfollowing her culture, and that her right to education isinfringed upon if she has to leave school because she cannotfollow this rule. The school will say that the no-hats rule is to avoid disruptionand that wearing the hajib will cause disruption. Manyschools, however, make exceptions to their no head coveringrules if a student can demonstrate he or she is wearing itfor religious reasons. 30. Problem 1.5 #9 9. At issue are Articles 3, 77 and 27 of the UDHR. Itis doubtful that any U.S. court would allow oneperson to assault another in the name of culture.Though the man can claim a cultural right to dothis, in the United States a persons right to personalsecurity is considered more important than culture. b. when there is a conflict among rights, peopleevaluate which right is more important and proceedaccordingly. 31. Human rights and writing laws Human rights are standards countries can use whenwriting laws. Human rights can also become law if they areincluded in a constitution or if the legislature of thecountry passes laws protecting or guaranteeing theserights 32. Culture Conflict vs. Human Rights Many of the human rights documents (including theUDHR) mention culture rights, and it is universallyaccepted that all people have a right to their ownculture. Please see Afghan stoning article 33. Balancing Rights with Responsibilities Many laws also require people to act responsibly. Parents must provide their children with adequate food shelter, and clothing drivers must obey traffic laws All workers must pay taxes. Other critics of the emphasis on rights in the UnitedStates point out that just because you have the rightto do (or not do) something does not mean it is theright thing to do. 34. Balancing Rights with Responsibilities Example: the first amendment sometimes gives people the right to say hateful and abuse things to others, as its function is to protect freedom of speech. However it does not make such speech right. 35. Balancing Rights with Responsibilities Distribute Hate Speech Article for class discussion 36. Problem 1.6 Please read The Apathetic Bystanders on page 13. Please answer the questions together with yourgroup members. Be prepared to share your answers with the class. 37. Problem 1.6 (A) There are many possible reasons why the bystanders did notintervene. It is possible that some of them simply did not care. Others may have been selfish or were scared to get involved. Perhaps societal factors such as the violent images that peopleare exposed to in the media have led Americans to becomecallous about such things. social scientists tend to explain such behavior in terms of the"bystander effect." the more bystanders there are in a situation, the less likely anyindividual bystander will help. In such a situation there is adiffusion of responsibility as people assure themselves thatone of the other bystanders will act. 38. Problem 1.6 (A) continued In one experiment done at New York University, forexample, students were told that they would be asked todiscuss personal issues in telephone conference groups oftwo, three, or six people. During each conference an experimenter, pretending tobe one of the students in the conference call, faked anepileptic seizure. In the groups of two, in which the students thought theywere the only people to hear the seizure, the studentspromptly sought aid for the victim 81 percent of the time. However, in the groups of six, in which each studentthought that four other students also had heard theseizure, students acted only 31 percent of the time. 39. Problem 1.6 (A) continued Though many people could hear Kitty Genoveses screams, each bystander may simply have assumed that someone else would call the police. 40. Problem 1.6 (B) In general, failure to assist a person in need is not acrime or a tort unless the relationship between thebystander and the victim gives rise to a legal duty to act. For example, parents have a legal duty to help theirchildren and spouses have a legal duty to help oneanother because of their relationship. An affirmative duty to act may also arise because oneparty has assumed responsibility, either by contract orotherwise. For example, a day care center would have a legal duty tocall an ambulance if a child under its care had a seizure. 41. Problem 1.6 (B) However, a day care worker walking home from workwould have no duty to help a child who was having aseizure on the side of the road. A lifeguard would have a legal duty to assist a drowningswimmer in the area he or she was guarding. However, a nearby swimmer who was a certifiedlifeguard could generally not be held criminallyresponsible for failing to help. A duty to help also exists where one per-son has causedthe situation. For example, a negligent driver who hits anothercar, injuring the other driver, has a duty to call anambulance for that other driver. 42. Problem 1.6 (C) The problem is an excellent illustration of how it ispossible to be morally wrong while still acting within theconfines of the law. Regardless of students individual backgrounds orvalues, most will accept that it is immoral to simply allowsomeone to die when it would take very little effort orrisk to save the person. However, this point could be reasonably argued.Students should consider morality as a strong motivatingfactor in the creation of laws in a pluralistic society inwhich people have different values. 43. Problem 1.6 (D) Some states have considered "Good Samaritan"laws, which would require citizens to help others in needof assistance. Students should discuss the pros and consof such proposals. They should consider how much aid the law mightrequire witnesses to give (e.g., up to the point wherethere is no risk or unreasonable action placed on thebystanders). Would the type of victim (a child, for example) make adifference? Should the law impose civil or criminal liability on abystander who fails to help? 44. Problem 1.6 Pros v. ConsPros Cons promote citizen too many legitimateresponsibility and reasons for failing tomorality act aid police by ensuring right of citizens to bethat police will beleft alone whilenotified of crimes inminding their ownprogress business & not actively may help save livesdoing anything wrong 45. Kinds of Laws Laws fall into two major groups: criminal and civil. Criminal laws: regulate public conduct and set out duties owed to society. A criminal case is a legal action that can only be brought by the government against a person charged with committing a crime. Criminal laws have penalties, and offenders are imprisoned, fined, place under supervision, or punished in some other way. 46. (2) Kinds of Criminal Offenses In the U.S. legal system, criminal offenses aredivided into felonies and misdemeanors. Felony: the penalty for a felony is a term of morethan one year in prison. Misdemeanor: the penalty for a misdemeanor is aterm of less than one year in prison. 47. Civil Laws Regulate relations between individuals or groups ofindividuals. A civil action: is a lawsuit that can be brought by aperson who feels wronged or injured by anotherperson. Courts may award the injured person money Make the injured party whole again. 48. Actions can be both Civil and Criminal violations Sometimes behavior can violate both civil andcriminal laws and can result and two court cases. A criminal case is brought by the government againsta defendant, the person accused of committing thecrime. A civil case is brought by the plaintiffs the personor company harmed against the defendant. 49. Introduce BL1-2 handout An Introduction to the Civil Justice and Criminal Justice Systems 50. The O.J. Simpson Case: Criminal & CivilSystem Violations The famous football star player O.J. Simpson was prosecutedin connection with the deaths of his former wife, Nicole brownSimpson, and her boyfriend, Ron Coleman. The Los Angeles District Attorney was a prosecutor in thecriminal case. In order to win a conviction, the DA (District Attorney) had toprove that O.J. Simpson was guilty beyond a reasonabledoubt. This means that if the jury (or judge in a case tried without ajury) has any of reasonable doubts about the defendantsguilt, then it must vote not to convict. The jurys verdict in Simpsons criminal case was not guilty. 51. The O.J. Simpson Case: Criminal & Civil System Violations Several months later, the parents of Ron Goldman brought acivil suit against O.J. Simpson to recover damages resultingfrom the wrongful death of their son. In a civil case, the plaintiff wins by convincing the jury (or thejudge in a case tried without a jury) by a preponderance of theevidence. The jury or judge needs only to decide if it is more likely thannot that the plaintiffs complaint is true. Plaintiffs burden ofproof is 51% of evidence to the defendants 49% (simplemajority of evidence presented). This is a lower requirement for proof than the beyond areasonable doubt standards used in criminal cases. Thereason for the different standards of proof is that a defendantloses money in a civil case, but can suffer imprisonment oreven the death penalty as a result of criminal conviction. 52. Problem 1.7: Matt & Kenji page 15. Students will read the story and answer thequestions independently. After the students read and answer the questionsthey will pair into their groups to compare answersfor class discussion. 53. Our Constitutional Framework (570 599 U.S. Constitution) The U.S. constitution is the highest law the land. It sets forth the basic frame work of our government. It lists the governments powers the limits on those powers peoples freedoms that cannot be taken away by thegovernment. 54. Our Constitutional Framework (570 599 U.S. Constitution) Individual states were reluctant to give up power tothe national government. As a result, the constitution created a national government of limited powers, with authority to pass laws only in the areas specifically listed in article 1 of the constitution. 55. Our Constitutional Framework (570 599 U.S. Constitution) Separation of powers among the three branches maybe the most important concept in the United Statesconstitution. The executive branch, which includes the presidentand Federal agencies, is primarily responsible forenforcing the law. However, the executive branchoften issues rules and executive orders that have theforce of law. The legislative branch, or Congress, uses lawmakingpower when it passes laws or statutes. 56. Our Constitutional Framework (570 599 U.S. Constitution) The judicial branch or judiciary the courts-clarifies, and in some instances establishes lawsthrough its rulings. The three branches of government areindependent, but each has the power to restrain theother branches in a system of checks and balances. The system was designed to prevent one branch from becoming too powerful and abusing its power. 57. Our Constitutional Framework (570 599 U.S. Constitution) Another check is the presidents power to veto(refuse to approve) laws passed by Congress. Judicial review enables a court to declareunenforceable any law passed by Congress or a statelegislature that conflicts with the nations highestlaw, the constitution. The courts can declare a law unconstitutional : The government has passed a law which the constitution does not give it the power to pass The government has passed a law that violates someones rights. 58. Our Constitutional Framework The division of power between the states in theFederal government is known as federalism. The principle of limited government is also reflectedin the bill of rights, the first 10 amendments to theconstitution. The bill of rights defines and guarantees the fundamental rights and liberties of all Americans 59. Constitutional Framework The U.S. constitution and most state constitutionsare difficult to change. The U.S. constitution may be changed in two ways:1. A proposed amendment must be approved either by a 2/3 vote of both houses of Congress or2. A convention called by 2/3 states. 60. See Discussion Questions 1-5 TM Determine the Constitutionality of Laws