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Civics 6.01

“Sources of Our Laws” (15.1). Civics 6.01. I. Early Law. Hammurabi’s Code - first written code, societal behavior 10 Commandments - basic moral rules Draconian Laws - Greek harsh punishments for every crime. Roman Law - created peace and equality b/w classes

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Civics 6.01

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  1. “Sources of Our Laws” (15.1) Civics 6.01

  2. I. Early Law • Hammurabi’s Code- first written code, societal behavior • 10 Commandments- basic moral rules • Draconian Laws- Greek harsh punishments for every crime

  3. Roman Law- createdpeace and equality b/w classes • Justinian’s Code-established principle of innocent until proven guilty as established by juries • Napoleon updated Justinian’s code

  4. II. Development of Modern Law • Magna Carta-limited kings power, trial by jury, due process • English Common Law- law developed based on common sense/logic/practice, and precedent • English Bill of Rights- protected individuals’ rights

  5. Enlightenment Ideas • Hobbes, Locke, Rousseau, Montesquieu, Voltaire • Social Contract theory: People give up power/rights to the gov’t to promote the safety/well-being of all • Montesquieu: Separation of powers gives all classes political power and prevent tyranny

  6. III. American Law • Based mostly on English tradition and Christian values • Mayflower Compact- earliest example of American law • Iroquois Nation- united tribes with a “written” constitution • Other sources: US Constitution, Bill of Rights and Amendments, States, Supreme Court precedent

  7. “Types of Laws” (15.2) Civics Unit 6

  8. Note-taking Practice • Title: Sources of Laws • What is a Law? ________________________ • 3 Main Sources of law 1. ________________ 2. ________________ 3. ________________ • Jurisprudence & Interpretation • ________________ • Path of a lawsuit in the court system a. ____________________ b. ____________________ c. ____________________ • ________________ D. Two Main categories of law • __________________ a. ________________________ b. ________________________ • 2. ________________ a. Exs: of civil laws ____________________ b. purpose: __________________________ • Sides in a criminal or civil case a. __________________________ b. __________________________

  9. Exit Ticket • Name the three main sources of law. • What is a precedent? • What is the path a lawsuit can make through the court system? • Name 2 the types of law.

  10. I. Categories of Laws • Constitutional Law- highest form, based on Constitution and judicial interpretation • Statutory Law- statutes/laws passed by legislatures of all levels • Administrative Law- rules, orders, regulations passed by executive officers of all levels • Common Law- based on judicial precedent

  11. E. Criminal Law -adversarial system of state lawyers vs. accused person’s lawyers, impartial judge & jury • F. Civil Law –between 2 private parties worked out b/w lawyers or in court

  12. II. Criminal Law • Criminal Law- adversarial system Gov’t is the plaintiff: party that brings charges Defendant: party accused of the crime • felony- serious crime, • misdemeanor- lesser offense

  13. federal crimes- bank robbery, terrorism, kidnapping, counterfeiting, tax evasion, organized crime • FBI has jurisdiction • state crimes- murder, assault, and property crime: larceny, robbery & burglary • State level: NC State Bureau of Investigation (SBI) • County level enforcement: Sheriff • Local level (city or town): police

  14. Civil Law • Civil Law- between private parties worked out b/w lawyers or in court Plaintiff –brings the charges Defendant–person accused • tort law- plaintiff claims a civil wrong • family law-marriage, divorce, child custody

  15. Court Room

  16. American Legal System (15.3) Civics 6.03

  17. II. Civil Lawsuits • Plaintiff (party bringing lawsuit) attorney files complaint • claim to have suffered a loss or injury • tort- civil wrong (ex: ice on sidewalk, negligence) • seek damages from the defendant

  18. Defendant (party sued) attorney responds • Argue cases in court • may offer a settlement, money both agree on, that defendant pays to plaintiff to drop the case • Usually argued w/o jury

  19. I. Criminal Cases A. Adversarial legal system Plaintiff –The government brings the charges Defendant–person accused B. Arrest • Must get warrant from judge, grand jury decides whether to indict- formally charge of a crime • Suspect informed of their crimes, read rights • Always the state or federal gov’t that charges someone of a crime

  20. jury trialor bench trial- defendants have right to a jury, but can chose to tried before a judge alone • Summons- requests someone to testify in court • subpoena- requires someone to testify in court • call witnesses to give testimony who are cross-examined by other side • Procedure: opening statements, witnesses, cross-examination, closing statement, verdict, sentencing

  21. C. Criminal Trial • gov’t is the prosecution- party who starts proceedings • defendant, person accused of crime • defendant appears in court for a arraignment- formally presented charges of a crime and enters plea • plea bargaining- plead guilty to lesser crime

  22. Verdict and Sentencing • Innocent until proven guilty “beyond reasonable doubt” • Verdict- judgment of jury of peers • If prosecution has not proven case, jury can decide on acquittal- vote of not guilty

  23. if jury cannot decide on a verdict, judge can declare a hung jury- rules it a mistrial • sentencing- judge decides in all cases except death penalty- jury decides in capital cases (death penalty) • Can appeal to higher courts, death penalty automatically appeal to NC Supreme Court

  24. “Addressing Criminal Behavior” (15.3, 16.3) Civics Unit 6

  25. I. Justifying Punishment • Theory of retribution- criminal deserves punishment because of the crime they commit • Deterrence- both criminals and others see consequences of crime and punishment

  26. Rehabilitation- minds and characters of criminals should be reeducated to reenter society • Juveniles- under 18 • punishment designed to rehabilitate • with murder, tried as an adult if over 16

  27. II. Types of Punishment (sentencing) • Incarceration- locked up in jail/prison • three-strikes laws- mandate long-term incarceration if convicted of felony 3 times • structured sentencing- formal sentencing based on severity of crime and prior record • if guilty person is mentally ill, sentenced to mental institution • mandatory sentencing –judge must impose whatever sentence the law directs

  28. Detention- state holds (detains) people either to punish or investigate • Probation- suspends jail sentence for a fixed time • Suspension- a privilege is taken away for a period of time • House Arrest- confinement to home

  29. Monetary compensation- payment of money for return (restitution) of property • Confiscation of property- take away criminal’s property • Capital punishment- death penalty, for murder or treason

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