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Influences on American Law
• Code of Hammurabi• Ten Commandments• Roman Law (Justinian Code)• English Common Law
Code of Hammurabi
• Definition– First set of written laws with
punishments
• Influence– Breaking the law = consequence
• ex: death penalty
Ten Commandments
• Definition– Set of moral laws
• Ex: don’t kill, don’t steal, don’t cheat
• Influence– Established moral laws in America
• Ex: don’t kill, don’t steal, don’t cheat
Roman Law (Justinian Code)
• Definition– Judges interpretation counts as law– Simplified by Justinian Code
• Influence– Law is a profession (lawyers, judges)– Judges opinion matters
English Common Law
• Definition– English courts use previous cases to
decide crimes and punishments
• Influence– The use of precedent in American
court system
Types of Laws
• Criminal Law• Civil Law• Administrative Law• Constitutional Law• Common Law• Statutory Law• International Law
Criminal Law
• Description– To protect people from harming one
another• Felony• Misdemeanor
• Example– Theft, arson, assault, robbery
Administrative Law
• Description– A law created by a government
agency
• Example– Restaurant ratings, ‘bleeped’ words
on the radio, airport security
Constitutional Law
• Description– A Law created by the Constitution
• Example– No poll tax (24th Amendment),
segregated schools (14th Amendment)
Common Law
• Description– Laws created through the opinion of
judges
• Example– “sound and basic” education (The
Leandro Case)– “separate but equal” (Plessy v.
Ferguson)
Statutory Law
• Description– Laws created by the legislative
branch
• Example– Voting Rights Act 1965– New gang laws
International Law
• Description– Laws followed by more than one
country
• Example– North American Free Trade Agreement
(NAFTA)
NC Court System
NC Supreme Court: Appeals & Death Penalty
NC Court of Appeals: Appeals
NC Superior Court: Felonies and Civil cases over $10,000
NC District Court: Misdemeanors, civil cases less than $10,000 and family law
US Court System
US Supreme Court: Constitutional issues
US Court of Appeals: Appeals
US District Court: Hears Federal criminal & civil cases
Original Jurisdiction
• The authority to be the first court to hear a case
Courts with Jurisdiction• District & Superior Courts- Decide
guilty or innocence• U.S. Supreme Court- Only in
certain cases (US Ambassadors and Maritime Law)
Appellate Jurisdiction
• The authority to review a lower court’s decision
Courts with Jurisdiction• Appellate courts- hear cases from
district level• Supreme Court- hears cases from
Appellate level
Exclusive Jurisdiction
• authority to decide on federal cases
Courts with Jurisdiction• U.S District Courts• U.S. Appellate Courts• U.S. Supreme Court
Concurrent Jurisdiction
• Authority to hear cases that can start in state or federal court
Courts with Jurisdiction• US District Court• NC District Court• NC Superior Court
Definitions-Redefined
• Docket-the order court cases are expected to be heard in court
• plea bargain (plead guilty to a lesser crime) with the prosecution.
Adversarial v. Inquisitorial
• Adversarial, Innocent until Proven Guilty (The System that we have in the United States)
• Inquisitorial, Guilty until Proven Innocent (The System found throughout the Europe)
Criminal Law • Involves the violation of statutes (laws
passed by legislatures).
• Dual (TWO) Court System:
• Federal: addresses federal crimes– EXAMPLES: Terrorism, Cyber crimes,, Hate
crimes, Immigration, Organized crime, tax crimes, serial killers, or if it’s more than 1 state
State: addresses state crimes– EXAMPLES: murder, rape, robbery,
vandalism, burglary, shoplifting
Types of Crimes• Felonies: serious offenses
– Usually punished by lengthy incarceration.
– Ex. murder, kidnapping, arson, rape, robbery
• Misdemeanors: less serious offenses– Usually punished by fines, community
service, less than a year in jail.– Ex. littering, shoplifting, jaywalking,
vandalism
APIATS
Arrest, Preliminary Hearing, Indictment, Arraignment,
Trial, Sentencing
Steps in a Criminal Trial
A: Arrest • Step One: The Miranda rights
are read to the suspect. •Miranda v. Arizona
• Step Two: The suspect has their mug shot taken and they are fingerprinted.
P: Preliminary Hearing
• 1st The suspect appears before a judge to hear the official charges brought against them. (Writ of Habeas Corpus)
• 2nd Bail (money to get out of jail) is set to ensure that the accused shows up to trial (8th amendment)
I: Indictment• The suspect appears before a
grand jury to hear evidence of the charges.
They do not decide guilt or innocence!!
• The purpose of the grand jury is to determine whether or not there is enough evidence issue an indictment (formal charges).
A: Arraignment• The accused appears before a judge and
enters a plea (guilty or not guilty).
• plea bargain (plead guilty to a lesser crime) with the prosecution.
• If the suspect pleads not guilty, a trial date is set.
T: Trial• The adversaries (enemies, two sides)
– Prosecution: the states side– Defense: the accused
• A petit jury is selected (jury duty).
• Each side presents their arguments & evidence.
• The jury then deliberates and returns a verdict (decision)
– If the jury agrees unanimously (all) that the accused is not guilty, the suspect is acquited.
– If the jury agrees unanimously that the suspect is guilty, the accused is convicted. A date is set for sentencing.
– If the jury cannot reach a unanimous decision, a hung jury is declared.• The case may be tried again or dismissed
S: Sentencing • The jury renders their punishment for
the crime according to the state’s penal code (consequences)
–Must adhere to the 8th amendment when issuing their sentence.
Subpoena v. Summons
• Subpoena, requires someone to come to court, go to a deposition, or give documents or evidence the accused.
• Summons, is an official notice of a lawsuit. It is given to the person getting being sued, the defendant
Civil Court Cases
• Does NOT involve Jail Time• Almost always involves MONEY! $$
$• No Jail Time• No Arrest, (Unless you break a
court order)
Police
• Jurisdiction– Town or City (CMPD)
• Job– Carry out the everyday tasks (traffic,
arrests, 911 calls)
Sheriff
• Jurisdiction– County (Mecklenburg)
• Job– Serve warrants, oversee jails,
transport prisoners, courthouse security
State Trooper(Highway Patrol)
• Jurisdiction– State (N.C.)
• Job– Patrol interstates, enforce commerce
laws, assist local police
State Bureau of Investigation
(SBI)• Jurisdiction– State (N.C.)
• Job– Investigate criminal activities that
deal with more than one part of the state
Federal Bureau of Investigation
(FBI)
• Jurisdiction– National (U.S.)
• Job– Investigate criminal activities that
include more than one state
Drug Enforcements Agency(DEA)
• Jurisdiction– Country (U.S.)
• Job– Investigate and
arrest in drug related crimes
Secret Service
• Jurisdiction– U.S. and rest of World
• Job– Protect the President and other top
officials– Investigate counterfeiting (fake $)
crimes
Alcohol Tobacco and Firearms(ATF)
Jurisdiction– Country (U.S.)
• Job– Catch criminals of alcohol, tobacco, or
firearm use
US Marshals Service
• Jurisdiction– Federal Courts (US)
• Job– Supervise the protection of federal
court proceedings
Central Intelligence Agency (CIA)
• Jurisdiction– National (US)
• Job– Gather information in order to prevent
foreign and domestic criminal activity
Law Enforcement CHALLENGE!!!
• You will decide which law enforcement agency will be involved in the following scenarios.
Scenario #1
• Jeremiah is driving an tractor trailer down I-77 30mph over the speed limit.
STATE TROOPER
Scenario #2
• A warrant is out for the arrest of Jasmine who robbed two old ladies on Sunday.
SHERIFF
Scenario #3
• A farmer in Cabarrus County is growing an illegal substance in one of his fields
Drug Enforcement Agency(DEA)
Scenario #4
• There is a Timbaland concert at Bobcats Arena and traffic needs to be controlled.
POLICE
Scenario #5
• Two murder crimes, one in Charlotte, the other in Wilmington, have been linked together.
STATE BUREAU OF INVESTIGATION (SBI)
How do we find out about laws?
Citizens Inform
• Staying Current in the news/affairs of the state– Reading News Papers– Online News Source
Government Informs
• Releasing information to the Media.
• Press Conferences • Specific Date of
Inforcement
Incapacitation
• the only way to prevent criminals from committing further crimes is to remove them form society (incarceration)
RECIDIVISM
• the act of repeating the negative behavior (re-offending)– 95% of inmates are eventually
released back into society– Within three years of their release,
• 67% of former prisoners are rearrested
• 52% are re-incarcerated
4-68
What is meant by the statement…
• “Ignorance of the law is no excuse”?
• A person who is unaware of the law cannot escape liability for violating the law merely because they were unaware of the law.
Discuss: Is this a good policy?
Ways citizens can inform themselves of
new laws…• attend town meetings,• public hearings, or• public forums• media• utilizing government publications and
websites
Ways the government can inform citizens of
new laws• public debates• franking privilege• press releases• update government publications
and websites• Examples
– Click it or ticket campaigns– Move over laws
Types of Punishments (Retribution) for convicted felon
• Prison terms of substantial length• Loss of Privileges such as
professional licenses, public offices, or public employment, driver’s license
• Capital Punishment-a sentence of public execution
• Restitution- pay money to the victim or the judicial system
Types of punishments- guilty
of a misdemeanor• Prison lasting usually no longer
than 12 months. Sometimes even part time imprisonment, weekend stays, etc..
• Community Service• Fines• Probation
Types of punishment – convicted minor
(<18yrs)• Boot Camp programs instill discipline, education, and civic responsibility in youth offenders.
• Probation a suspended jail sentence for the convicted to be rehabilitated by the community
• Community Service• House Arrest
Why do we punish those who do wrong???
• RETRIBUTION – if you steal something you may have to pay a fine or go to jail.
• INCAPACITATION – incarceration or jail/prison
• DETERRANCE – if you speed on I-85 you could get a ticket so that is why you chose to follow the law
• REHABILITATION – boot camp or probation – Most commonly used for juveniles
Other important vocabulary
• Pardon: forgive from punishment
• Parole: early release from prison
• Commute: to reduce a criminal’s sentence
• Reprieve: an order to delay a person’s punishment
Types of punishment – convicted minor (<18yrs)
• Boot Camp programs instill discipline, education, and civic responsibility in youth offenders.
• Probation a suspended jail sentence for the convicted to be rehabilitated by the community
• Community Service - activity assigned to benefit society.
• House Arrest - criminal is confined to geographic area (ankle monitor)
Why do we punish those who do wrong???
• RETRIBUTION – the act of correcting a wrong-doing, a justly deserved penalty
• INCAPACITATION – the only way to prevent criminals from committing further crimes is to remove them form society (incarceration)
• DETERRANCE – controlling a person’s behavior through fear of punishment
• REHABILITATION – an attempt to change of reform a convicted person so that he or she will not commit a crime again
What is the goal in punishing minors compared to punishing
adults??
• rehabilitation – to correct the wrong decisions of minors in hopes they will not make bad decisions when they are adults
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