UNITS 5 AND 6Civics and Economics

Laws do the Following for US Citizens

Bring order

Provide penalties and discourage crimes

Help settle disagreements

Protect rights against abuses

Good Laws Are…

Fair

Reasonable

Understandable

Enforceable

Our Laws Come From…

Code of Hammurabi

Bible and other religious documents

Roman law

Napoleonic Code

English law

Constitution

Legislative, executive, and judicial branches

A Bill Can Originate From…

Congress

Citizens

President

Interest groups/lobbyists

Idea Originates

Congress-member sponsors bill and assigns number

Sponsor introduces it and assigns to

standing committee Standing committee can kill, pigeonhole, or

keep original

Sent to subcommittee for review

Subcommittee returns it to full committee for approval

Sent to full house for approval or

rejection

If approved, sent to other house (process

starts again)

Bill discussed and assigned to

committee for debate

If passed in both houses but not in identical form, sent to conference committee

Sent back to both houses in final form for vote

Either approved by both houses and goes to President or can be

rejected

President has several options

(next slide)

Congress can override presidential veto with

2/3 vote in each house

How a Bill Becomes a Law

When a President Gets a Bill He Can…

Sign it and make it a law

Veto the bill

Not sign for 10 days and becomes a law if Congress is in session

Pocket veto (not sign for 10 days and is killed if Congress is not in session)

Campaigns Can Be Funded…

Privately

Individuals

Fundraising

PACs (Political Action Committees)

Publicly

Presidential Election Campaign Fund, through

taxes

Special Interest GroupsNarrow views

Influence elections by bringing issues to the public and lawmakers

Represent concerns of a specific group

Support candidates that support their views

Interest Groups Can Support…

Particular economic interest (AMA, ABA)

Particular ethnic, age, or gender (NAACP, NOW)

Specific cause (PETA, NRA)

Public interest (ACLU)

Candidates Make Themselves Visible

A candidate can become popular by

Advertising

Endorsements

Public appearances

Debates

Canvassing

Propaganda

Propaganda- information/ideas spread to affect people’s opinion on a person, group, or issue.

Delivered through media outlets

Propaganda Techniques

Glittering Generalities- Use attractive but vague words that sound good but say nothing

Plain Folks- Make voters feel like the leaders are “just like them”

Bandwagon- Appears that many people have already supported a candidate and they gained

a significant advantage

Cardstocking- Candidate lists accomplishments/statistics comparing them

favorably to their opponent

Name Calling- information deliberately shown about opponent that is discrediting

Transfer/Symbol- Candidate is shown with symbols

Basic Rights of US Citizens

Writ of habeas corpus- Right to appear before a judge; can’t be arrested and held without cause

No bill of attainder- Can’t be punished without a fair hearing and trial

No ex post facto law- Can’t be punished for an action that wasn’t against the law when committed

Due process of law- Guarantees accused fair trial and their rights before convicted

Equal protection under law- Accused will be treated equally under the law and have a chance to defend themselves

Types of Juries

Grand Jury

Decides if there is enough evidence to charge

Petit Jury

Decides innocence or guilt

Treason

Only crime defined in the Constitution

You can be convicted of treason if you…o Wage war on the USo Join the enemyo Give comfort/aid to the enemy

Rights Guaranteed to the Accused

1. Grand jury must issue indictment if there is enough evidence to hear case

2. No self incrimination (“plead the 5th”)

3. Right to adequate defense

4. Speedy and public trial

5. Trial by impartial jury

6. No double jeopardy (unless hung jury or ordered by court)

7. Right to appeal unfavorable verdict/sentence

Limits On Punishment

Bail must be set in relation to crime allegedly committed

Punishment must fit crime (no cruel and unusual punishment or fines)

Death penalty is legal in some states but not others

Legal Responsibilities of Citizens

Serve on jury when called

Testify in court

Obey all laws

Cooperate with law enforcement

Work peacefully to change unfair laws

Steps in a Civil Case

1. Attorney files complaint on behalf

of plaintiff.

2. Court sends defendant summons.

3. Defendant’s attorney files written

answer to the complaint.

4. Attorneys exchange pleadings

to narrow down issues and legal.

5. Attorneys present slides and wait for

verdict.

6. Lawsuits can appear before a

jury

Types of Civil Cases

1. Breach of contract (written or spoken)

2. Property disputes

3. Personal injury

4. Family matters

5. Suit of equity

Steps in a Criminal Case

Suspect is arrested and read his/her Miranda rights.

Suspect is booked, photographed, and

fingerprinted.

Suspect goes to preliminary hearing, a

bail is set.

Case goes to grand jury.

Suspect goes to arraignment- either

guilty (sentence date is set) or not guilty (trial

date is set).

Jurors are selected for trial.

Lawyers present their cases; both sides have

a chance to cross examine each others’

witnesses.

Petit jury must come back with a unanimous vote, or it is a hung jury and the case is retired.

Sentence date is set if defendant is found

guilty.

Types of Crimes

1. Against a person- attacking a person to cause injury.• Homicide: killing• Murder: premeditated killing• Manslaughter: unintentional killing• Rape• Kidnapping

Types of Crimes

2. Against property:• Larceny: taking property without using violence• Robbery: theft by force or threat of violence• Burglary: breaking and entering with intent to commit crime• Arson: setting fire to property• Vandalism: deliberate destruction of property

Types of Crimes

3. White collar crimes: crimes against businesses.• Embezzlement: stealing from an employer• Fraud: taking property by dishonest means or misrepresentation

Types of Crimes

4. Victimless crimes:• gambling• drugs• prostitution

5. Against the government:• treason• terrorism

Penalties

• Penal codes establish different degrees and classifications of the seriousness to crimes.

• Penalties (depends on crime- felony vs. misdemeanor.)• Injunction• Fines• Restitution• Probation• Community service• Suspended service

Purpose of Penalties

• To punish, protect, deter, and rehabilitate.• To get parole, a criminal must:

• Get good behavior• Serve portion of sentence• Plead case• Meet with parole officer

• Government gives flexibility to judges to allow for aggravating and mitigating circumstances.

Juveniles in the Court System• In NC, a juvenile delinquent is someone under 16 who

commits a serious crime/repeatedly breaks the law.• Causes of this:

• Boredom• Abuse• Neglect• Poverty• Substance abuse

Goal of juvenile court system is to rehabilitate and correct behavior of the juvenile, rather than punishment.

Juvenile vs. Adult

1. Not photographed/fingerprinted

2. No jury, less formal hearing

3. Hearings are closed- accused, parents, lawyers, social workers, police, and probation officers only.)

4. Found “delinquent/not delinquent” rather than guilty/not guilty.

5. Identity is kept secret from the public

6. Records are sealed/erased at age 18

In Re Gault

S.C. case In Re Gault gave rights to juveniles:

1. Parents notified upon arrest and are present during questioning

2. Juveniles and parents must be notified in writing regarding the nature of charge

3. Right to attorney and to call/confront witnesses.

Levels of Punishment

1. Stern lecture

2. Community service

3. Probation

4. Training service

5. Wards of the court (live with foster family).