Warm-Up List in order the 6 steps of the JUDICIAL

PROCESS (remember we learned that catchy acronym)

Let’s Review / Expand Have your study guides OR notes out We will review a few things from this

unit, as well as expand on others

Topics: Laws Punishment Jurisdiction

Laws What is the purpose of a law?

What are some historical influences of our laws in the United States? Hammurabi’s Code English Common Law

Types of Laws 7 Types of Laws:

Common Law Civil Law Criminal Law Statutory Law Administrative Law Constitutional Law International Law

Common Law Description

Unwritten laws created based on prior court decisions (precedents) and tradition.

Examples PrecedentsZenger trial established freedom of the

press

What is common law here a HUHS? Unwritten laws that people follow.

Civil Law Description

Laws that deal with conflicts between individuals

Examples Family Law, libel, slander, property

Criminal Law Description

Laws created by a governing authority which deal w/crimes against the social order.

Example Penal Codes, Statutes, Ordinancesspeeding, arson,

assault, robbery

Note on Criminal Law Criminal law is made up of 2 parts:

1. The act itself 2. The person’s mental state IE: If you premeditate (plan) to murder

someone your punishment is worse than if you can prove the person died by accident. Manslaughter vs. homicide

This allows punishments to be flexible depending on the circumstances of the crime.

Statutory Law Description

Laws passed by a legislature (Acts)

Example 1964 Civil Rights Act (outlawed segregation in

America).

Whose rights do you think were protected in the Americans with Disabilities Act?

Which type of law is this?

Administrative Law Description

A regulatory laws created by a government agency

Example FDA standards, ‘bleeped’ words on the

radio (FCC)

Constitutional Law Description

A Law created by the Constitution or Supreme Court decision

Example No poll tax (24th Amendment),

integrated schools (14th Amendment), Judicial Review (Marbury v. Madison)

International Law Description

laws created to regulate military agreements, trade, human rights & treaties with other nations.

Example Geneva Convention Treaty outlaws the use of torture

on POWs.

Punishment

Reasons for Punishment What were the 5 reasons / justifications

for punishment that we discussed? Retribution (revenge) Deterrence (prevention) Rehabilitation (change for the better) Restitution (payment) Incapacitation (isolation)

In the U.S. do all crimes get the same punishment?

Types of Punishment Depends of SEVERITY of the crime and

other factors

Possible FELONY punishments Prison terms of substantial length Loss of Privileges such as professional

licenses, public offices, or public employment, voting, driver’s license

Capital Punishment-death penalty Restitution- pay money to the victim or the

judicial system

Possible MISDEMEANOR punishments Incarceration/Prison: lasting usually no

longer than 12 months Sometimes even part time imprisonment, weekend stays, etc..

Community Service Fines Probation: a suspended jail sentence for the

convicted to be rehabilitated by the community

Think about the kids!!!

Juvenile Punishment Focus on REHABILITATION Always exceptions Examples:

Juvenile Detention: prison for kids Boot Camp programs instill discipline, education,

and civic responsibility in youth offenders. Probation Community Service House Arrest

FYI Once you turn 16 you are no longer a juvenile in

the court system, unless the state makes an exception in your case.

Kids as young as 13 in NC can be tried as adults for serious felonies like 1st Degree murder.

Once you are tried as an adult, you will always be considered an adult in the NC court system.

If you are tried as an adult and sentenced you will be placed in an adult correctional facility. You will be with other youth offenders in that facility.

What do you think? Why do you think the juvenile system is easier

on crimes than the adult system? Do you think this makes sense?

Other “Things” to Know Mentally Ill: if convicted & found to be

mentally ill the offender may be sentenced to a mental institution

3 strike laws: mandate long-term incarceration for person convicted of 3 or more felonies.

Parole: the supervised release of a prisoner before his/her sentence is finished.

Who decides what?Court Jurisdictions

Federal Court Systema) Supreme- hears cases

with Constitutional questions, law suits btw states, US & Foreign gov’t.

b) Appellate- hears cases where legal errors were made in the original trial.

c) District- usually first court to hear a case and decides guilt.

US Supreme

Court

US Court of Appeals(13 Appeals Courts)

US Districts Courts(94 District Courts)

US Bankruptcy CourtUS Court of International Trade

Appellate CourtsWhen an appellate judge “remands” a case that

means it being sent back down to the lower court. EX: The Court of Appeals remanded the case it

went back to the ________________ court.

Federal Jurisdictionhear cases involving… - the US government- the Constitution (and amendments)- federal laws- Crimes crossing state lines or on the ocean- disputes between states- disputes between the US and a foreign

government- Espionage (spying)

State Jurisdictionhear… - most criminal cases - probate (involving wills and estates)- Most contract cases- tort cases (personal injuries), - family law (marriages, divorces, custody

adoptions), etc

You decide…1. Divorce2. Lawsuit between NC and SC3. Case involving the 14th Amendment4. Lawsuit over damages caused in a car accident5. Espionage Case6. Robbery7. Crime committed on the Atlantic Ocean off the coast of Maine.8. Drug trafficking across state lines9. Adoption10. Dispute over a contract11. US sues Mexican government for allowing excessive amounts

of pollution in the area around the US-Mexico border.