Street Law CHAPTER 1 Law Rules and regulations

Street Law CHAPTER 1

Law �Rules and regulations made and enforced by government that regulate conduct within a society �Jurisprudence- the study of law and legal philosophy �Home, School, Outside World �Without law there would be confusion and disorder �No one is above the law. (Laws are the same for all. )

Laws and Values �Laws are influenced by society’s ideas of right/wrong �Laws must balance minority rights with majority rule along with responsibilities �As values change, so do laws

Goals of Legal System �Protect human rights �Promote fairness �Help resolve conflict �Promote social order and stability �Promote desirable social and economic behavior �Represent the will of the majority �Protect the rights of minorities

Values Creating Laws �Moral � Killing, Stealing (wrong, loss of property, punishment, respect) � �Economic � Tax benefits to home owners, right to hold a job with fair and safe working conditions, adequate pay, right to own property �Political � Vote, freedom of speech, religion, press, participate in gov’t �Social � Free public education, food, housing, health care �Environment � Right to live in clean, safe environment

Can Laws Solve Social Problems? �Alcoholism �Drug Abuse

Which Value is Involved? 1. 2. 3. 4. 5. 6. Economic, Social, Political, or Moral? All drivers must stop at stop signs. It is a crime to cheat on your tax return. All citizens may vote at age eighteen. Special government programs lend money to minority-owned businesses at low interest rates. Government officials may not accept gifts from people who want them to pass certain laws. Possession of marijuana is a crime.

Answers �All drivers must stop at stop signs. S �It is a crime to cheat on your tax return. E �All citizens may vote at age eighteen. P �Special government programs lend money to minority-owned businesses at low interest rates. E �Government officials may not accept gifts from people who want them to pass certain laws. M �Possession of marijuana is a crime. M

�A democratic system of government cannot function unless the law is respected. Society must be based on the “rule of law”. ALL MEMBERS of society must support the legal system. No one can be above the law.

Rationale for punishment � � Retribution Deterrence Rehabilitation Accountability

The Case of the Shipwrecked Sailors �Read the case 1. 2 on page 6 �Answer questions a-f

Human Rights �Rights that belong to all people simply because they are human beings �Dignity and respect �Homes, schools, workplaces

What human rights are important to others? �Universal Declaration of Human Rights (1948) � Protects freedoms of speech, religion, press, and right to participate in government � Adequate food, education, housing, health care � Job, safe working conditions, salary, own property �Countries use human rights when writing laws �Human Rights in USA pg. 11 � Read answer a-b � Discuss with class

Balancing Rights with Responsibilities �With every right comes a responsibility � Trial by jury- serve on a jury � Democracy- vote � Attend school- _____________ �Just because you have the right to do something does not mean that you should � Freedom of speech- hateful/abusive words

Kinds of Laws �Criminal Law � Regulate public conduct in society � Brought by the gov’t � Punished by prison, fine, supervision � Two categories � Felonies- punished by more than one year in prison � Murder, robbery � Misdemeanor- punished by less than one year in prison/fine � Assault, theft

�Civil Law � Regulate argument between two people � Brought by one person against another � Court can award money for damages

Trial �Defendant- person accused of crime �Plaintiff- person harmed by defendant �Prosecutor- lawyer helping plaintiff �Burden of Proof �Beyond a reasonable doubt- every person on the jury must be certain the defendant committed the crime � � One juror that believes the defendant is innocent will set the defendant free Criminal Cases �Preponderance of evidence- the evidence shows the defendant PROBABLY committed the crime � Civil Cases

Criminal or Civil Laws? �Problem 1. 7 pg. 15 �Read answer a-c

Our Constitutional Framework �Highest law in land �Limited government � Checks and Balances �Bill of Rights � First 10 Amendments �Separation of powers � 3 branches: executive (President), legislative (Congress), judicial (Supreme Court)

Legislative Branch �Congress � Two houses: Senate and House of Representatives � Writes/Passes laws (Statutes) � Laws must pass both houses � Can override Presidential Veto with 2/3 vote

Executive Branch �Veto- cancel a law written by Congress

Judicial Branch �Judicial review- examines a law from Congress �Unconstitutional- violates the Constitution and cannot exist � Congress does not have authority to pass law (State issue) � Federalism � (State, Federal, Both Powers) Congress passed a law that violates the Constitution

Constitutional Principles �Problem 1. 8 pg. 18 �Read answer a-c