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Today we begin our unit on the Judicial Branch. A primary purpose of the U.S. court system is to ensure equal justice under the law. In your opinion, does our justice system accomplish this?
The American The American Judicial SystemJudicial System
Today we will…Today we will…
ObjectivesObjectives Explore the meaning Explore the meaning
of “justice”.of “justice”. Introduce the Introduce the
American justice American justice system.system.
Differentiate between Differentiate between criminal and civil law.criminal and civil law.
AgendaAgenda 1. Matt & Luther1. Matt & Luther Slides/notesSlides/notes ClosureClosure
The Legal SystemThe Legal System
The legal system is supposed to The legal system is supposed to serve justice.serve justice.
But how do we define justice?But how do we define justice?
Justice is …Justice is …
1.1. FairnessFairness
2.2. Rightness or correctnessRightness or correctness
3.3. Fair dealingFair dealing
4.4. Administration of the lawAdministration of the law
Problems & WeaknessesProblems & Weaknesses
Corrupt?Corrupt?
Innocent until proven Innocent until proven
guilty?guilty?
Prison overcrowding?Prison overcrowding?
Court appointed Court appointed
attorneys?attorneys?
““Buying” justice?Buying” justice?
Matt & LutherMatt & Luther
With a partner or individual:With a partner or individual:
Read the story of Matt & Luther.Read the story of Matt & Luther.
Answer the questions together.Answer the questions together.
Be ready to share your answers with the Be ready to share your answers with the
class.class.
Principles of Principles of Our Legal SystemOur Legal System
Equal Justice Under the LawEqual Justice Under the Law
Goal of American Goal of American
justice system is to justice system is to
treat all persons treat all persons
alikealike
Every person has Every person has
the same rights the same rights
granted under the granted under the
ConstitutionConstitution
Due Process of LawDue Process of Law
Every law must be applied in a fair Every law must be applied in a fair
mannermanner
Cases involving a law that is thought to be Cases involving a law that is thought to be
unreasonable fall under unreasonable fall under substantive due substantive due
processprocess
Cases about the way a law is administered Cases about the way a law is administered
involves involves procedural due processprocedural due process
Adversary SystemAdversary System
Courtroom is an arena Courtroom is an arena
where lawyers for opposing where lawyers for opposing
sides try to present the sides try to present the
strongest casestrongest case
Judge plays an impartial role Judge plays an impartial role
like a refereelike a referee
Presumption of EvidencePresumption of Evidence
Everyone is thought to be innocent Everyone is thought to be innocent
until evidence proves guiltuntil evidence proves guilt
Not mentioned in the Constitution but Not mentioned in the Constitution but
deeply rooted in English legal heritagedeeply rooted in English legal heritage
Burden of proving guilt falls on the Burden of proving guilt falls on the
prosecutionprosecution
The Burden of ProofThe Burden of Proof
Guilt must be proven:Guilt must be proven:
““Beyond a reasonable doubt” Beyond a reasonable doubt”
standard in criminal cases (100%)standard in criminal cases (100%)
““Preponderance of the evidence” Preponderance of the evidence”
standard in civil cases (+50%)standard in civil cases (+50%)
The LawThe Law
What is the “Law”?What is the “Law”?
Justice System follows & enforces the Justice System follows & enforces the
“law”“law”
Law is a set of rules and regulations Law is a set of rules and regulations
made and enforced by the made and enforced by the
government to regulate the conduct government to regulate the conduct
of people in societyof people in society
Where Does the Law Come From?Where Does the Law Come From?
1.1. Moral Values Moral Values – What society – What society
thinks is right & wrongthinks is right & wrong
2.2. Economic Values Economic Values – Accumulation, – Accumulation,
preservation, use & distribution of preservation, use & distribution of
wealthwealth
3.3. Political Values Political Values – Relationship – Relationship
between government & individualsbetween government & individuals
Types of LawTypes of Law
1. Criminal1. Criminal
Legal action brought Legal action brought
by the government by the government
against a person against a person
charged with charged with
committing a crimecommitting a crime
Penalties include fines, Penalties include fines,
imprisonment or imprisonment or
probation/supervisionprobation/supervision
Levels of CrimeLevels of Crime
Misdemeanor – Fine or imprisonment Misdemeanor – Fine or imprisonment
for less than 1 yearfor less than 1 year
Felony – Imprisonment for more than Felony – Imprisonment for more than
1 year1 year
2. Civil2. Civil
Legal action brought by Legal action brought by
1 person against 1 person against
another person for another person for
some wrongsome wrong
Penalties include money Penalties include money
damages or order by damages or order by
judge requiring wrong judge requiring wrong
doer to stop doing doer to stop doing
somethingsomething
Civil or Criminal?Civil or Criminal?
For each of the crimes decide For each of the crimes decide
whether the action or wrongdoing whether the action or wrongdoing
would fall under civil or criminal law. would fall under civil or criminal law.
Write Write civilcivil or or criminalcriminal in the space in the space
provided. provided.