Good Laws

1. Good Laws -Characteristics of Good Laws Fairness Reasonable Understandable Enforceable

2. Source of Our Laws -Ancient Law Systems -Hammurabi’s Code -Ten Commandments -Roman Codes (Justinians Code) -English Law -Magna Carta -English Bill of Rights -Common Law System -American System -Declaration of Independence -Constitution

3. Criminal Law -Criminal Law – where a crime against a person or property has been committed -misdemeanor – minor crimes, but goes on a criminal record usually punished by less than 6 months in jail, fines, probation, or community service -felony – major crime, usually punished with long jail sentences -infraction – usually very minor, such as traffic, with no criminal record usually involved

4. Civil Law -Civil Law -Lawsuits - disputes between people -Contracts breached -Family law (divorce, child custody) -Small Claims Courts – under $5000

5. Administrative Law -Administrative Law -these are laws that are formulated in response to laws passed by Congress These are made by an agency, not a legislative body Example: the EPA handles the environment, making laws without Congress, unemployment or workers compensation (Department of Labor) -determined by the executive branch -has the same effect as law passed by legislature

6. International Law -International Law -military agreements -diplomatic treaties -trade -human rights

7. Constitutional Law: -Laws or incidents that are directly related to something stated in the U.S. Constitution. i.e. – anything in the Bill of Rights, many of the court cases we discussed, or anything in a Constitutional Article

8. Common Law: -Law based on things that have been done in previous court decisions. In other words, we expect the court to handle future cases similarly to how they handled previous cases

9. Statutory Law – laws passed by Congress or another legislative body. This could be noise ordinances (where you’re not exactly going to jail or having charges pressed, but you did break a law. or land annexation claims by a city – it’s not exactly one person doing wrong to another, it’s breaking a law that has been passed that isn’t exactly criminal though, if that makes sense.

11. Lawsuits -Type of Civil Court Case -Lawsuits are when one person sues another for damages -Property Disputes -Contract Issues -Divorce -Negligence -Personal Injury

12. Suits of Equity -Another type of Civil Law -Suits of Equity ask the court to make a decision based on fairness in an area where there is no law -Usually started to prevent some action from taking place -Injunctions—a court order to do or not do something -Tort law – “civil wrongs” – cases where someone elses due negligence led to your injury. (McDonalds hot coffee spill

13. Civil Court Procedure -Can take years to settle in court because of so many cases Steps: Pleadings are Submitted -Plaintiff Files a complaint -Summons is issued to the “defendant” or the “offender” -The defendant gets to respond to the issue Discovery – the lawyers for each side then commit to their own investigations. This is to prevent rushing to trial

14. Many cases never make it to court for one of these reasons Pre trial discussions- Usually, you try to negotiate before going to court. (because trials are expensive!) -Arbitration – someone hears the issue. The “arbiter” makes a decision. This is most common with credit card disputes -Mediation – someone hears the case but they’re decision isn’t final -Settle out of court – plantiff and defendant agree on a resolution without a judge. -drop the suit – the plantiff realizes they can’t win so they drop the lawsuit – or – a judge throws the case out of court

15. Trial -the planitff and defendant each get to present their case. (This looks a lot like a court TV show you may have seen) -The decision is made based on a “preponderance of evidence.” Basically, you just have to prove that the person “more likely than not” committed a crime. This is unlike a criminal case, where you have to prove beyond reasonable doubt.

17. Criminal Cases -Criminal Case -law that deal with cases involving violations of criminal code -Penal Code set of written laws and punishments designed by each state and the federal government to describe crimes

18. Types of Criminal Cases -Misdemeanors -Felonies -Crimes against Property Larceny, Burglary, Robbery Vandalism, Fraud, Embezzlement -Crimes against People Murder Manslaughter Rape Kidnapping Assault

19. Criminal Penalties -Penalties vary according to the seriousness of the crime committed -Crime against people will carry greater punishments -Role of Punishment -rehabilitation, deterrence -Indeterminate Sentencing -Judge can give a range of sentences -Mandatory Sentencing – judge has no real choice in the punishment -3 strike laws -Parole/Probation – you are more closely monitored for a time period after a crime

20. Criminal Court Procedures

21. Arrest -Rights Read – right to remain silent, have an attorney present during questioning, right to stop answering questions at any time, etc. -Booked & Charged with crime – fingerprinted, check for other warrants, mugshot is taken, accused of a crime, and possibly taken before a judge -Attorney contacted in the event of a criminal case, one is given the chance to speak privately with an attorney

22. Preliminary Hearing -Charges are read in court or by a magistrate -Bail can be issued by either a magistrate or by the court, depending on the severity of the crime

23. Indictment -A Grand Jury decides if formal charges will be filed after reviewing the evidence and determining if there is enough evidence to have a trial.

24. Arraignment -Suspect will plead guilty, not guilty, or no contest (more on no contest later) -Trial Date is set -Court Docket – court calender

25. Plea Bargaining -Some suspects plead guilty before a trial if they are given a lighter punishment This means the suspect willingly gives up their Constitutional rights to a trial by jury, attorney at trial, 5th amendment rights, etc. -”no contest” – you don’t plead either way, and it’s accepted as a guilty plea. Usually it’s part of a plea bargain

26. Trial -(Petit)Jury is selected - prosecution and defense select jurors they feel will give a fair verdict -Opening Statements – usually state the objective of the case for each side Presentation of the case (includes many things) -Prosecution’s evidence – all evidence and witnesses called upon to show a persons guilt

27. Trial -Cross-Examination – when a witness takes the stand, the other side gets to question that witness as well -Defense’s Case – present why the person is not guilty, question evidence, witnesses, etc. -Closing Statements – final chance to summarize your case -Jury Instructions – judge gives final advice to the jury

28. Jury -Follow Instructions given by the judge -Elect a Foreperson – who speaks on behalf of the jury in court -Must make unanimous decision – otherwise, it is a Hung Jury

29. Verdict -Must be unanimous decision -Jury may be polled -Jury issues verdict -Guilty or Not-guilty (acquittal), or a hung jury -Judge issues sentence -mistrial – if there is a hung jury or any illegal evidence used, the trial must be completely redone -Appeals may follow

31. Juveniles -Court System treats youth offenders very differently -A Juvenile is someone considered underage, usually under 16 to 18

32. Juvenile Delinquency -Juvenile Delinquents are youths who have broken the law -Should youth offenders be treated differently???

33. Juvenile Courts -Goal of Juvenile Courts -Cases deal with neglect by parents, abuse, or delinquency

34. Juvenile Arrest -Juveniles are handled differently when arrested -Parents notified -Usually released to parents -Court date is set

35. Juvenile Court -Private Court Room setting -No jury trial -More of a hearing than a trial -Attorneys may be used -In Re Gault supreme court case said juveniles are entitled to the same rights as an adult

36. Juvenile Protections -Identity of child is secret and private -Juvenile records are sealed at age 18 -Usually Lighter punishments

37. Juvenile Punishments -Lectures -Reformatory Schools -Foster Care -Institutional Placement -Probation -Community Service