LAW

• SOURCES OF LAW• LAW• CRIMINAL LAW-TYPES OF CRIME • THE AMERICAN LEGAL SYSTEM• CIVIL CASES• CRIMINAL CASES• JUVENILE CASES

SOURCES OF LAW• Code of Hammurabi – 1760 B.C. Babylonian

King; based on an eye for an eye.

• Roman Law – 450 B.C. – evolved into the Justinian Code – these laws became basis for Canon Law (Roman Catholic Church). Eventually updated by Napoleon (Napoleonic Code).

• English Law – based on common law. Precedents used to establish consistency in court rulings.

LAWThe Need for Law

• Social Norms – shared expectations of behavior placed on persons by a social group.

• Laws – rules & regulations that define the rights & obligations of citizens of a state or nation.

• Societies need laws for protection & order.

Components of Good Laws• Fair – equal treatment• Reasonable – punishment

fits the crime• Understandable – not too

complicated.• Enforceable –

government can enforce, people will obey.

Types of Law• Constitutional Law –

involves rights guaranteed by the Constitution, or spelled out by Congressional Legislation.

• Administrative Law – rules & regulations that government agencies of the executive branch must issue to carry out duties.

• Statutory Law – laws that regulate behavior.

• International Law – involves military & diplomatic treaties, trade regulations, and international agreements.

CRIMINAL LAW - TYPES OF CRIMECriminal Law

• Criminal Law – laws that seek to prevent people from deliberately or recklessly harming each other or other’s property.

• Felony – serious crime, punishable by possible prison sentence.

• Misdemeanor – less serious crime, usually punishable by a small fine.

• Civil Law – involves disputes between people or groups of people.

• Lawsuit – legal action in which a person sues to collect damages for harm.

Types of Crime• Predatory Crime –

victimizing a person or their property.

• Illegal Service Crime – involves a relationship between a buyer and a seller, and an illegal product or service.

• Public Disorder Crime – crime that is legal in private, but in public.

• Crimes of Negligence – careless, thoughtless behavior.

• White Collar Crime – crime that is committed usually on the job, and by a respectable member of the community.

THE AMERICAN LEGAL SYSTEM

• Law & Precedents –Courts use previous court rulings and law as basis for rulings. (Stare Decisis) – “let the decision stand”

Protections of Legal Rights• Writ of Habeas Corpus – person must be brought to

court and explain why suspect is being held.• Bills of Attainder – may not pass laws that deny a

person of the right to trial by jury.• Ex Post Facto Laws – cannot be punished for an act

that is not against the law at time of action.• 4th Amendment – Search & Seizure• 5th Amendment – Rights of the Accused• 6th Amendment – Rights to a Jury Trial • 8th Amendment – Cruel & Unusual Punishment• 14th Amendment – Equal Protection of the Law

CIVIL CASESSTEPS IN A CIVIL CASE

1) Complaint – plaintiff/defendant, describes suit.

2) Summons – sent by court to defendant.3) Discovery – find evidence in the case by

both the defendant and the plaintiff.4) Settlement – either side has a chance to

settle the issue before going to court, or use an arbitrator. (Most cases decided before court)

5) Trial – Right to a jury, most decided by judge.

6) Appeal – if defendant loses, has right to appeal.

CRIMINAL CASESArrest

• Police arrest & book suspect.Preliminary Hearing

• Suspect appears before a judge.• Bail is set.

Indictment• Grand jury (or judge) hears evidence & formally charges

the suspect with the crime.Arraignment

• Defendant pleads not guilty.• Trial date is set.• Defendant plead not guilty & accepts a plea bargain.

Trial• Prosecution & defense present cases to jury/judge• Jury/Judge reaches a verdict.

Acquittal• Defendant found not guilty or goes free.

Sentencing• Defendant found guilty.• Judge sentences defendant.

JUVENILES & THE COURTS• Juvenile – a person under the age of 18.• Juvenile Delinquent – persons under 18 who commit

crime.

Goal of the Juvenile Justice SystemRehabilitation – help young person correct behavior.

Types of Cases• Neglect – caregivers abuse or do not care for juvenile.• Delinquency – juvenile commits crime.

Juvenile Trials• No trial by jury & trials are closed to the public.• Once juvenile completes probation, the charges are

dropped and removed from their record.