LAW SOURCES OF LAW CRIMINAL LAWTYPES OF CRIME

LAW SOURCES OF 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.

The Need for Law Ø Social Norms – shared expectations of behavior placed on persons by a social group. Ø Laws – rules & regulations that define the rights & obligations of citizens of a state or nation. Ø Societies need laws for protection & order. Ø Ø Ø 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 CRIME • • 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.

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. 4 th Amendment – Search & Seizure 5 th Amendment – Rights of the Accused 6 th Amendment – Rights to a Jury Trial 8 th Amendment – Cruel & Unusual Punishment 14 th Amendment – Equal Protection of the Law

CIVIL CASES STEPS 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 CASES Arrest • 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 System Rehabilitation – 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.