Chapter 15 & 16

The American Legal System

Which of the following amendments protect the accused’s rights?

1. 3, 4, 5, 6

2. 4, 5, 6, 7

3. 4, 5, 6, 8

4. 4, 5, 7, 8

Purpose of Laws

To keep society in orderTo provide penalties for disorderTo settle disagreementsTo provide deterrence to disorder

History of Law Code of Hammurabi

King Hammurabi of Babylonia282 laws regulating behaviorOldest law code found to date that was written – 1760 BCVery harsh with rules & punishments

Religious CodeTen Commandments, Islamic Law

Draconian Laws – Ancient Greek law that had extreme punishments for small

crimes Justinian Code

Simplified Roman Code law – based on jurisprudence (theory of law)

English Common LawPrimary source of our lawsBased on precedentStatutes – acts of parliament

Types of Laws

CriminalViolations of lawJail sentences are the resultMisdemeanor – minor violations Felonies – serious violations – involve larger courts

Civil Involve disputesA fine or amount is paid as the result

Types of Laws

Public or Constitutional Involves Constitutional questionsSupreme Court

Administrative Law Involves laws passed by government agenciesTax lawExample – Federal Trade Commission has regulations to

protect consumers from harmful products

Statutory LawLaws passed by legislatures

Constitutional Rights

Mapp v OhioMiranda v ArizonaGideon v WainwrightRoe v Wade

Vocabulary – Chapter 16Plaintiff – person bringing the suit to court in a

civil caseDefendant – person being sued in both civil &

criminal casesSuit of Equity – special case when there are

no existing laws or casesInjunction – a court order commanding a stop

to an actionSummons – document telling someone they

are being sued & requiring them to appear in court

Vocabulary – Chapter 16Summons – document telling someone they are being

sued & requiring them to appear in courtPleadings – a defendant’s responseVerdict – decision of the judge or juryProsecution – side charging a person with a crimeState Penal Code – laws set forth by a stateRemedy – fine paid by defendant if found guilty in civil

case

Which amendment deals with civil law procedures?

1. Amendment 3

2. Amendment 6

3. Amendment 7

4. Amendment 9

Civil Cases

One person files a lawsuit against anotherPlaintiff & DefendantSuits of EquityJudges decide not juries (usually)Judge may issue an injunctionMost are settled out of courtMagistrate Judge less than $5,000, District

Court less than $10,000, Superior Court more than $10,000

Civil Case ProceduresBringing the Suit

Plaintiff files

Summons Sent to DefendantDefendant’s Response

Pleadings – responding to the complaint by admitting fault or denying charges

Discovery – each side gathers facts & evidencePretrial Discussions – decide if case should go to court

or be settledTrial – both sides present their caseVerdict – if plaintiff wins the judge sets a remedyAppeal – both sides have the right to appeal a decision

Which amendment guarantees equal protection of the laws?

1. 12th amendment

2. 14th amendment

3. 15th amendment

4. 16th amendment

Criminal Cases

Prosecution & DefendantBurden of Proof

Prosecution must prove guilt beyond a reasonable doubt

Not a single doubt can existInnocent until proven guilty

Criminal Case ProceduresSuspect is arrested – Miranda rightsPreliminary Hearing – judge reads charges &

sets bail Indictment – grand jury decides on evidenceArraignment – defendant enters a plea & trial

date is setA plea bargain can be made at this time

defendant agrees to plead guilty to a lesser crimeUsed to convict someone else

Discovery – both sides gather evidenceJury is selectedTrial

Which step in the criminal trial ensures protection of the 6th amendment

1. Preliminary Hearing

2. Indictment

3. Arraignment

4. Discovery

Trial

Prosecution makes an opening statementDefense makes an opening statementProsecution calls witnesses for testimony –

Defense can cross-examineProsecution restsDefense calls witnesses for testimony –

Prosecution can cross-examineDefense restsBoth sides make closing statements

Trial cont.

Jury Decision – VerdictJury first deliberatesMust decide guilt beyond a reasonable doubtAcquittal – jury decides not guilty & defendant is

released – can’t be retried for the same crimeGuilty – date is set for sentencingHung Jury – jury can’t decide – this is a mistrial

and can be retriedAppeal

Which amendment protects the accused from double jeopardy?

1. 4th amendment

2. 5th amendment

3. 6th amendment

4. 8th amendment

Penalties for breaking the law

4 functionsPunishmentProtect societyMake examples (deterrence)Rehabilitation

Indeterminate Sentence – judge sets a minimum & maximum sentence

Determinate Sentence – judge sets a specific sentence

Mandatory Sentence – judge sets a sentence in accordance with state law

Which region of the country had the highest property crime rates in 2004?

1. West

2. Midwest

3. Northeast

4. South

Which section of the country had the highest violent crime rates in 2004?

1. West

2. Midwest

3. Northeast

4. South

All of the following are laws Congress can’t pass except:

1. Bills of Attainder

2. Injunction laws

3. Suspending habeas corpus

4. Ex post facto laws