15.3 The American 15.3 The American Legal SystemLegal System

Protection in the US Protection in the US ConstitutionConstitution

•The US The US ConstitutionConstitution is is the basic law of the basic law of our nation; it our nation; it gives each branch gives each branch of government a of government a role in making, role in making, enforcing, and enforcing, and interpreting the interpreting the lawlaw

Protection in the US Protection in the US ConstitutionConstitution

• Courts base their rulings on written Courts base their rulings on written laws and on laws and on precedentsprecedents of earlier of earlier cases; these are used to build decisions cases; these are used to build decisions about similar cases in the futureabout similar cases in the future

• This is called This is called stare decisis-stare decisis- ““let the let the decision standdecision stand””

Protections in the US Protections in the US ConstitutionConstitution

• The The writ of habeas corpuswrit of habeas corpus requires an official requires an official who has arrested someone to bring them to court who has arrested someone to bring them to court and explain why they are being heldand explain why they are being held

Protections in the US Protections in the US ConstitutionConstitution

• A A bill of attainderbill of attainder is a law that punishes a person is a law that punishes a person accused of a crime without a trial or a fair accused of a crime without a trial or a fair hearing in court, this is forbidden by Article Ihearing in court, this is forbidden by Article I

Protections in the US Protections in the US Constitution Constitution

• An An ex post facto lawex post facto law is a law that would allow a is a law that would allow a person to be punished for an action that was not person to be punished for an action that was not against the law when it was committed, these are against the law when it was committed, these are also forbidden by Article I of the Constitutionalso forbidden by Article I of the Constitution

Example- the lottery is Example- the lottery is legal legal in NC, if in a few years in NC, if in a few years it it becomes illegal people becomes illegal people cannot be punished cannot be punished retroactivelyretroactively

Protections in the US Protections in the US Constitution Constitution

•The 5th and 14th The 5th and 14th Amendments Amendments guarantee guarantee due due process of lawprocess of law, , the government the government may not take our may not take our lives, liberty, or lives, liberty, or property, except property, except according to the according to the proper exercise proper exercise of lawof law

Protections in the US Protections in the US Constitution Constitution

• The equal-protection clause in the The equal-protection clause in the FourteenthFourteenth Amendment requires governments to treat all Amendment requires governments to treat all people equally regardless of gender, race, or people equally regardless of gender, race, or religion religion

The Fourth AmendmentThe Fourth Amendment• The 4th Amendment The 4th Amendment

protects citizens against protects citizens against ““unreasonable unreasonable searchsearch and and seizureseizure”” to be searched to be searched police must first get a police must first get a search warrantsearch warrant

• In In Mapp v. OhioMapp v. Ohio the the Supreme Court adopted Supreme Court adopted the exclusionary rule the exclusionary rule which says evidence which says evidence gained that violates the 4th gained that violates the 4th Amendment canAmendment can’’t be used t be used in a trial in a trial

The Fifth Amendment The Fifth Amendment • The 5th Amendment states people may not The 5th Amendment states people may not

be required to answer questions that may be required to answer questions that may incriminateincriminate them or show their them or show their involvement in a crimeinvolvement in a crime

• In In Miranda v. ArizonaMiranda v. Arizona the Supreme Court the Supreme Court ruled police must inform suspects they ruled police must inform suspects they have the have the ““right to remain silentright to remain silent””- refuse to - refuse to answer questionsanswer questions

The Fifth AmendmentThe Fifth Amendment• The 5th Amendment also bans The 5th Amendment also bans double jeopardydouble jeopardy a a

person tried for a crime and found not guilty may person tried for a crime and found not guilty may not be retried a second timenot be retried a second time

The Fifth AmendmentThe Fifth AmendmentIt also states people accused of serious It also states people accused of serious

federal crimes must be brought before a federal crimes must be brought before a grand jurygrand jury to decide if there is enough to decide if there is enough evidence for trialevidence for trial

If there is sufficient evidence it If there is sufficient evidence it indictsindicts the accused person, or issues a formal the accused person, or issues a formal charge that names the suspect and charge that names the suspect and states the charges against them states the charges against them

The Sixth AmendmentThe Sixth Amendment•The 6th Amendment The 6th Amendment

grants an accused grants an accused person the right to a person the right to a lawyerlawyer

• In In Gideon v. Gideon v. WainwrightWainwright the the Supreme Court Supreme Court decided if a decided if a defendant cannot defendant cannot afford a lawyer, the afford a lawyer, the state must provide state must provide oneone

The Sixth AmendmentThe Sixth Amendment• The 6th Amendment also guarantees The 6th Amendment also guarantees

the accused are informed of the nature the accused are informed of the nature and cause of the accusations against and cause of the accusations against them and have them and have ““the right to a speedy the right to a speedy and public and public trialtrial by an impartial by an impartial juryjury””

• They also have the right to question They also have the right to question witnesseswitnesses against them against them

The Sixth AmendmentThe Sixth Amendment•Although Although

everyone everyone charged with a charged with a crime has a right crime has a right to a jury trial, to a jury trial, they may choose they may choose to appear only to appear only before a judge, before a judge, this is known as this is known as a a benchbench trial trial

The Sixth AmendmentThe Sixth Amendment•Plea bargainingPlea bargaining is a is a

negotiation between negotiation between the defense attorney the defense attorney and the prosecutor; and the prosecutor; the defendant pleads the defendant pleads guilty to a less guilty to a less serious crime in serious crime in exchange for exchange for receiving a less receiving a less severe penalty than severe penalty than they might receive at they might receive at trial trial

The Eighth AmendmentThe Eighth Amendment• The 8th Amendment The 8th Amendment

outlaws outlaws ““cruel and unusual cruel and unusual punishmentpunishment”” the the punishment must also fit punishment must also fit the crimethe crime

• In In Furman v. GeorgiaFurman v. Georgia the the Supreme Court ruled the Supreme Court ruled the death penalty as then death penalty as then administered was not administered was not constitutional, it was being constitutional, it was being imposed in unfair waysimposed in unfair ways

The Eighth AmendmentThe Eighth Amendment• After the decision most states revised their death After the decision most states revised their death

penalty laws; some states have established a two penalty laws; some states have established a two step process:step process:

1.1. A A juryjury trial determines guilt or innocence of the trial determines guilt or innocence of the defendantdefendant

2.2. A separate hearing then determines the degree of A separate hearing then determines the degree of punishmentpunishment

The Eighth AmendmentThe Eighth Amendment• The 8th Amendment also prohibits The 8th Amendment also prohibits ““excessive baiexcessive bai

ll”” bail is money an arrested person pays to court bail is money an arrested person pays to court to be released from jail while awaiting trial to be released from jail while awaiting trial