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The American Legal System
Chapter One
All Images © Microsoft Corporation
Civil vs Criminal
What is the difference?
Sources of Law-Federal Constitution - No higher law
ex post facto laws prohibited– acts must have been criminal at
time it was committed– sentences must not be harsher
than at time crime was committed–rules of evidence must not be more favorable to prosecution than they were at time crime was committed
Sources of Law-Federal Constitution - Con’t
Bills of Attainder prohibited – bill passed by legislature that
names individual or group and gives them the status of being convicted without having a trial, seizures in felonies
Writ of Habeas Corpus can only be suspended due to rebellion or invasion
Sources of Law-FederalFirst Amendment
freedom of speech–fighting words/obscenity not protected–any regulation of speech must be content neutral
freedom of press–sometimes conflicts with ability to find impartial jury
free exercise of religion
Sources of Law-FederalFourth Amendment no unreasonable searches
and seizures probable cause requirement warrant clause plain view exception reasonable suspicion for field
interviews
Sources of Law-FederalFifth Amendment privilege against self
incrimination Miranda warnings required prior
to custodial interrogation Double Jeopardy
Sources of Law-FederalSixth Amendment — defendant
(person charged with a crime) has the following rights:
speedy trial public trial jury trial either defense or prosecution can
demand a jury
Sources of Law-FederalSixth Amendment case tried without a jury is called
a bench trial impartial jury jury has the right to acquit the
defendant even though the evidence supports a conviction (called jury nullification)
informed of charges
Sources of Law-FederalSixth Amendment cross examine prosecution
witnesses subpoena witnesses for defense assistance of counsel
Sources of Law-FederalEighth Amendment no cruel and unusual
punishment no excessive bail or fines
Sources of Law-FederalDue Process (14th Amendment) laws must not be vague may not vest too much
discretion in police
Sources of Law-FederalEqual Protection (14th
Amendment for states; 5th Amendment for federal cases)
no laws discriminating on the basis of race, religion, etc.
no imprisonment for failure to pay fine if legitimately unable to do so
Sources of Law-Federal(No longer Constitution)United States Code—Enacted by U. S. Congress—Title 18 contains most federal
crimes—applies to crimes occurring on
federal land and also to some interstate crimes
—Civil Rights Act
Sources of Law- StateState constitutions Establishes rules for operation of state
government Contains Bill of Rights
• Majority vote usually required to amend state constitution
Sources of Law- StateState statutes
Enacted by state legislature and signed by governor– Legislature has authority to override veto by
governor Statutes apply statewide Amendment of statute requires vote of
legislators – Simple majority of each house of legislature– Statutes may be added by ballot initiative
Sources of Law- StateSunset laws - enacted with a
clause which makes them expire automatically on a given date or after a given number of year
Sources of Law- StateLocal Ordinances Enacted by City Council, County
Board, etc
– State Constitution establishes local authority
– limited to specified subjects
– restricted to enacting misdemeanors and infractions
Sources of Law- StateLocal Ordinances Apply only within geographical
boundaries of agency enacting law– when there is a conflict between
state and local state law prevails except when state law delegates authority
Sources of Law- CommonCommon law Law of England at time
colonies settled Heavy reliance on precedent
Legislative StructureFederal Bills stand test of Constitution Only way around constitution is
constitutional amendment –3/4 state houses request convention•ratification by congress
–Ratification by congress•3/4 state houses pass amendment
Federal Laws Under Construction
Congress Executive Public
Judiciary
Constitutional
Unconstitutional
Legislative StructureState Must conform to state &
federal constitutional standards
Georgia is set up like U.S. Congress
Structure of Judicial System
Federal .
U.S. Supreme Court
U.S. Court of Appeals
U.S. District Court
Structure of Judicial System
State - Misdemeanor
U.S. Supreme Court
Magistrate/Municipal
Ga. Supreme Court
State Court
Ga. Court of Appeals
Structure of Judicial System
State - Felony
U.S. Supreme Court
Initial Hearing
Ga. Supreme Court
Superior Court
Ga. Court of Appeals
Authority of CourtsJurisdiction Geographic Subject Matter - Felony/Misd.Venue Federal/State State exceptionsEvidence Exclusionary rule
Roles of the ParticipantsLaw Enforcement detect crime and enforce laws discretion on how strictly to enforce
laws utilization of resources effected by
local politics
Roles of the ParticipantsProsecutor gatekeeper to judicial process reject "weak" cases select cases to prosecute within limits
of available resources
Roles of the ParticipantsDefendant innocent until proven guilty not required to establish own
innocence privilege not to incriminate self
Roles of the ParticipantsDefense attorney use all legal means to defend client's
rights responsible for tactical decisions in
preparing case
Roles of the ParticipantsJudge duty to be neutral discretion to make rulings on
admissibility of evidence maintains decorum in courtroom admonishes jurors on law decides guilt of defendant if jury trial
was waived
Roles of the ParticipantsJury decide case on the facts introduced at
trial collective conscience of community may ignore law and acquit defendant
Roles of the ParticipantsAppellate Courts review criminal convictions rule on judge's decision to admit
evidence at trial verify jury was given correct statement
of law reverse conviction if trial errors were
prejudicial Interprets the Constitution
Lady Justice Woman - Compassion Blindfold - Equality Scales - Fairness/Truth Sword - Power Serpent - injustice/evil
The American Legal System
Chapter One