Unit 6: Law and Order

jurisdiction

• The authority to hear a case or take action on illegal activity

appeal

• Having your case heard by a higher court because a mistake was made in the first trial.

Docket

• A schedule of court cases yet to be heard

precedent

• Setting an example for others to follow

retribution

• Criminals payback society for their crime (eye for an eye)

restitution

• Payment to a victim for the crime they committed

deterrence

• Preventing future crimes from happening

DISCUSS:Does the Death Penalty deter

murders?

Plea bargain

• Pleading guilty for a lesser sentence than if a jury found you guilty

bail

• Money to ensure you return for your court date (collateral)

tort

• Suing another person for causing you harm

extradition

• When law enforcement returns a suspect to the place the crime was committed.

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

Civil Law

• Description– Settle disputes between people

• Examples– Tort, Family law, Injunctions

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

Magistrate

• Can issue search and arrest warrants

• Can set bail

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)

Law Enforcement Agencies

4/15/2013

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

Warm Up 11/13/2013

• Review Types of Laws and Conflict Resolution– Handout from Ms. Nall

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

Punishment

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

Closure

1. Why do violations of some laws carry higher penalties than others?

2. How do laws impact people’s lives?

3. What does the rate of recidivism in America imply about our society’s effectiveness in dealing with criminals?