Unit #6: Law and order Unit #6 Title Page (LAW AND ORDER) History of Law- glue each page separately into your notebook History of Law EQ: How has historical documents shaped American Law? Warm-Up Who makes the laws in your house? Where do they get those ideas from? Vocab Precedent: an example set for others to follow Jurisprudence - The study of the science of law. Code of Hammurabi What Was It?- 1 st written code of law Importance?- First Eye for an eye punishment: you killed someone, you got killed. The Ten Commandments What were they?- 1 st set of moral laws Why Important?- Started idea that law should be based on right vs. wrong Draconian Code Set of legal code in ancient Athens known for its strictness -Gave death penalty for stealing bread Roman Law What was it?- Judges used precedent to help them make decisions. Why Important?- Influenced the way our court systems operate today. Justinian Code What was it?- Simplified Roman Law into a legal code anyone could understand. -Reason that ignorance of the law is no defense Napoleonic Code -Justinians Code is adopted by Napoleon Bonaparte, which spread codified law to Europe. English Common Law What was it?- Used judges interpretation of law to determine what the law means. Gives us the principle of judicial review. Importance- LAW THAT MOST DIRECTLY INFLUENCED AMERICAN LAW!! English Bill of Rights What was it?- Guaranteed basic freedoms & rights for Englishmen (trial by jury, counsel, etc.) Influence- Directly influenced OUR Bill of Rights! Declaration of Independence n What was it?-Said all are equal under the law n Influence- Always used to give rights to more people The US Constitution What was it?- Created idea that the U.S. is many parts under 1 law Importance- Every law made in the U.S. must agree with the Constitution! Constitution is the Supreme Law of the Land. (Supremacy Clause= Article VI) Exit Ticket Which characteristics best describe the Code of Hammurabi? a. Hammurabi created a list of natural rights b. The First written set of laws c. The Codes included rights of accused persons d. Powers not listed were reserved for the states Which set of laws is the an example of moral codes a. Justinian Codes b. The Ten Commandments c. Hammurabis Code d. English Common Law Activities (Half Sheet) Bill of Rights Activity (Questions 1-3) Reflection Types of Law and the Good Law Test EQ: What are the characteristics of different types of laws? Warm-Up What makes a rule fair? Unfair? Vocab Tort: when a person is sued for causing harm towards another Ex: Janitor mops floor but there is no warning and you slip and break your neck Statutes: Laws made by a Legislature- statutes are state laws. (G.A., Congress) Ordinances- Local laws (noise ordiance) Criminal Law Description Laws designed to protect people from harming one another Felony Misdemeanor Civil Law Description n Laws designed to settle disputes between people Examples n Torts n Family law n Injunctions Administrative Description Laws created by a government agency, within the Executive Branch n Example bleeped words on the radio(FCC) airport security(FAA) DOH codes(OSHA) Constitutional Law Definition Laws that come from the Constitution Laws heard by the Supreme Court! Common Law Description Laws created through the decisions of court rulings Example n sound and basic education (The Leandro Case) n separate but equal (Plessy v. Ferguson) Statutory Law Definition Laws created by the legislative branch Example Voting Rights Act 1965 Cell Phone laws International Law Description n Laws followed by more than one country Example North American Free Trade Agreement (NAFTA) Human Rights laws Good Laws must be... Fair- Laws must treat each individual the same to achieve order. Reasonable- Laws must be realistic if they are going to be successful. Understandable - The average citizen must be able to comprehend the meaning of the law. Enforceable - The law must be able to be policed in order for it to be successful. Number 1-10 on your paper 1. Brewerton, Alabama: Use of motor boats forbidden on city streets. 2. Alaska, It is against the law to look at a moose from an airplane. 3. Arkansas, A man has a legal right to beat his wife, but only once a month. 4. California, It is illegal to set a mousetrap without a hunting license. 5. Belvedere, California: "No dog shall be in a public place without its master on a leash." 6. Florida, Hunting and killing a deer while swimming is illegal. 7. Idaho, Illegal for a man to give his sweetheart a box of candy weighing less than fifty pounds. 8. Chicago: Eating in a place that is on fire is forbidden. 9. Baltimore: Illegal to take a lion to the movies. 10. Memphis: Illegal for a woman to drive by herself; "a man must walk or run in front of the vehicle, waving a red flag in order to warn approaching pedestrians and motorists". Exit Ticket Which term best describes laws that have been passed by the North Carolina General Assembly? a. Statutory laws b. International laws c. Criminal laws d. Civil laws Which type of unwritten law has evolved from previous court decisions and precedents? a. civil law b. common law c. Constitutional law d. statutory law Stretch Goal Use Pg to define: -Plaintiff -Defendant -Felony -Misdemeanor -Larceny -Robbery -Burglary -Lawsuit -Libel Reflection Part I: Write a scenario involving each type of law. ex. Criminal Law: Mr. Jones was pulled over for speeding in august. Part II: In a FIVE SENTENCE paragraph, explain why it is important that laws pass the good law test. Jurisdiction EQ: What types of jurisdiction are amongst the courts? Warm-Up Complete the Guided Reading for section 8.2 Vocab n Appeal: when a case is reviewed by a higher court n Docket: A schedule of upcoming Court cases Magistrate - n Can issue search and arrest warrants n Can set bail The Federal Courts US Supreme Court: Constitutional issues US Court of Appeals: Appeals on legal errors US District Court: Hears Federal criminal & civil cases State Courts NC Supreme Court: Appeals & Death Penalty appeals NC Court of Appeals: Appeals based on legal errors NC Superior Court: Felonies and Civil cases over $10,000 NC District Court: Misdemeanors, civil cases less than $10,000, family law, juvenile cases Original Jurisdiction The authority to be the first court to hear a case Courts with Jurisdiction n District & Superior Courts n U.S. Supreme Court Appellate Jurisdiction The authority to review a lower courts decision Courts with Jurisdiction n Appellate courts n Supreme courts Exclusive Jurisdiction Case can only be heard by a Federal Court Courts with Jurisdiction n U.S District Courts n U.S. Appellate Courts n U.S. Supreme Court Concurrent Jurisdiction Case can be heard by a Federal or State Court Example- Michael Vick was charged in VA State court and Federal Court Courts with Jurisdiction US District Court NC District Court NC Superior Court Exit Ticket What are the three levels of the federal court system? a. district, appeals, supreme b. district, territorial, supreme c. legislative, appeal, judicial d. legislative, appeals, supreme Which category of laws is best exemplified by amendments or Supreme Court rulings? a. Civil b. Criminal c. Constitutional d. Administrative Reflection ConstitutionalCriminal/StatutoryCommon/CivilAdministrative 1. Kwano was cited for speeding in a school zone. 2. Austin is being sued for back rent he owes to his ex-roommate. 3. Brittney Spears sues Limewire for distributing her songs without collecting money. 4. Vice President Cheney accidentally shot his friend while hunting. His friend decides to sue. 5. A woman is told to pay a poll tax before she can vote 6. Your grandmother is refused service at a local restaurant because of her age. 7. The FCC has deemed it necessary to place explicit language warnings on any music that uses vulgar or obscene language. 8. Savannah finds a finger in her chili while eating at a Wendys. 9. Kynnyddy was sued for damages that her car inflicted on another vehicle. 10. Levi is arrested for assaulting another man in a restaurant. 11. Van is arrested for importing illegal items from overseas. 12. Trena-Marie was refused a lawyer during interrogation when she was arrested for possession of drugs. 13. North Carolina has raised the minimum voting age to The FDA has created regulations and criteria to make sure new drugs like Paxil, Lavetra, Lunesta, and Xyerexa on the market are safe for humans to consume. 15. Rachaels newspaper article was removed from the local edition of the paper. 16. The NCDMV requires drivers to have insurance and a drivers license to operate a vehicle. 17. The EPA makes sure our cars run efficiently and clean. 18. Erick stole a loaf of bread and receives 3 months of probation. 19. The FAA now allows nail clippers to be carried onto an airplane. 20. Peter is suing his previous employer for not paying his unemployment compensation package. Law Enforcement EQ: What purpose does law enforcement serve in the American legal system? 1.What historical document helped to include morality, right and wrong, into our laws today. 2.What two historical influences on law both used precedent to help judges decide cases. 3.What type of law deals with disputes between people? 4.What type of law comes directly from English Common Law? 5.What type of law includes Tort? Warm-Up on NB pg 67 - Jurisdiction describes where various legal entities hold power. Vocab Purpose Protects the President, the Vice President, and families. Investigates counterfeiting Investigates threats against the white house. Jurisdiction Protection, counterfeiting, and financial crimes (ID theft, financial institution fraud) Secret Service Purpose Protect and defend the US against terrorist and foreign intelligence threats. Enforce federal laws in the US. Jurisdiction Terrorism, foreign intelligence operations, high-tech crimes, major white collar crimes, etc. Federal Bureau of Investigation Purpose Called in for statewide emergencies. Commander-in- chief is the Governor. May also be called upon for international crises. Jurisdiction Storms, fires, earthquakes, civil disturbances National Guard Purpose Protect the public by enforcing controlled substances laws and regulations Jurisdiction Drug trafficking, drug intelligence, drug gangs. Drug Enforcement Administration Purpose Protect the public by preventing terrorism and reducing violent crime Jurisdiction Enforce federal laws related to Alcohol, tobacco, firearms, explosives, arson. Bureau of Alcohol, Tobacco and Firearms Purpose Serve as officers of federal courts. Jurisdiction Keep order in the federal courts, guard prisoners, and serve the orders of the court. US Marshals US Marshals US Marshalls Purpose Reduce traffic accidents and make highways as safe as possible by enforcing state laws. Jurisdiction DWI, drug possession, fatal collisions, guide traffic, educate citizens about laws State Highway Patrol Purpose Local law enforcement, several divisions of CMPD allow them to meet specific needs. Their main goal is to prevent crime and improve the quality of life in the community. Jurisdiction 911 communications, CSI, fraud, domestic violence, crime stoppers, missing persons, felony investigations, gangs, most wanted Charlotte Mecklenburg Police Department Purpose Transport prisoners, deliver summons and serve warrants, courthouse security Jurisdiction Law enforcement for the county, oversee jails and courthouses, jurisdiction over the whole county. Mecklenburg County Sheriff 1.A kidnapping case becomes serious when the kidnapper starts taking his victims across the country. 2. You hear your neighbor and his girlfriend yelling and throwing things, so you call A man murders someone in Charlotte, but then goes on a killing spree and kills people in Raleigh and Wilminton. 4. A gang is suspected of bringing weapons into the U.S. illegally. 5. Someone in your neighborhood has been growing a large crop of marijuana in his garage. Guided Practice 6. An undocumented immigrant gets in a wreck on I-85. He was driving without papers or a drivers license. Who gets involved first? Who might get involved later? 7. A federal prisoner escapes from the courthouse. 8. A series of tornados strikes Charlotte. Power is out, roads are closed its a disaster area. 9. President Obama arrives in Charlotte for the Democratic National Convention. He and his family are kept safe by whom? 10. A man is arrested for DWI. Guided Practice Cont Exit Ticket Why is Jurisdiction important? Reflection The Trial Process EQ: How does the trial process differ in criminal and civil cases? Warm Up Complete the Guided Reading on Pg Vocab Felony- major crime - harsh punishment (prison-state) murder, B&E, Assault, etc (kidnapping- federal offense) Misdemeanor- minor crime - weaker punishment (jails (local)fine or community service) speeding tickets, Plea Bargain - Prosecution offers to reduce the sentence if the suspect pleads guilty and/or testifies against others. Why? - Plea bargains result in a smaller docket (fewer cases go to trial)Plea bargains Subpoena - document requiring you to appear in court to testify or to provide evidence.Subpoena Criminal Trial Govt tries to prove the a person guilty of breaking a law. Prosecution (State) vs. Defense (Individual) Ex. State of NC vs. Caleb Lee the state in which in the crime is committed The steps of a Criminal Trial 1.Arrest 2.Preliminary Hearing 3.Indictment 4.Arraignment 5.Trial 6.Sentencing Arrest Miranda Rights are read to suspectMiranda Rights Booking (fingerprints & mug shot) Preliminary Hearing Court makes sure due process was followed Bail is set. (In some states - judge decides if theres enough evidence for trial.) Indictment (pronounced: in-dite-ment) Grand Jury hears evidence to decide if enough exists to have a trial (instead of prelim hearing) Grand Jury = people (big jury) Formally charged with a crime Arraignment Informed of Charges Defendant pleads (Guilty or Not Guilty) Trial date is set Trial 1.Opening statementsMy Cousin Vinny - opening statements, then to 6:15 for examinations 2. Direct & cross examination for Prosecution burden of proof is on the prosecution; it is up to them to find and provide the evidence to convict you. 3. Direct & cross examination for Defense 4. Closing arguments 5. Petit jury(12 jurors) comes to a verdict (guilty or not guilty) Sentencing (if guilty) Jury decides punishment that matches the crime (unanimous vote- all 12 to agree) 1.Guilty- (convicted of crime 8th amen) 2.Not Guilty(No double jeopardy comes into play- 5th) 3.Hung jury- cannot get a unanimous vote Judge can reduce the sentence if necessary Adversarial trial system Truth is discovered by two sides trying to prove their case. (ex: direct examination and cross examination) Civil Trial When a plaintiff brings a complaint (law suit) against the defendant Plaintiff (person who was harmed or injured)vs. Defense(person who did the harming or injuring of another) negligence, damage to property, injuries, contract dispute, and divorce. Steps to a Civil Trial #1 Plaintiff files a complaint against somebody (person, company, govt) #2 Defendant receives a summons of a complaint #3 Defendant receives a copy of the original complaint Steps to a Civil Trial #4 Plaintiff and Defendant try to settle the matter (most law suits end here!) #5 Trial (Judge Judy, Judge Mathis, etc) DISCUSS: If you were involved in a civil case, why might you want to settle out of court? If you are selected to serve on a jury, after listening to the case you and the other jurors must a. Make a formal decision called a verdict b. Impose a sentence c. Submit final questions to the defense and the prosecution d. Offer a plea In criminal cases, the person who works for the state and brings charges against an offender is called the a. Judge b. Prosecution c. Defense d. Plaintiff Reflection Why is it important for guilt to be proven beyond the shadow of a reasonable doubt? Does this system make sure that justice is always served? Punishment EQ: Does we all have equal protection under the law? Warm-Up o Think about a time you have gotten in trouble for breaking a rule at home/school/etc. - What were the repercussions for your actions? - Did you break this rule again? - Is punishment an effective means to prevent the breaking of laws? Why or why not? A Disturbing Trend Vocabulary o incapacitation: punishment should protect society from dangerous people. Held in jail. o retribution: punishment is a way of getting even with the criminal; revenge. o re$titution: paying money to a victim as a form of punishment. Why are we locking so many people up o deterrence: when a punishment prevents someone from committing a crime. - How does this cartoon demonstrate deterrence? o recidivism: the trend of relapsing into criminal behavior. Key Factors Tough on Crime Mandatory Sentencing mean minor crimes can have long sentences. Plea Bargains lead to longer sentences. 3 Strike Laws can lead minor offenders to life in prison. Why are we the leader? Caused by... Juvenile Punishment o Juvenile Detention o Probation o Community Service o Boot Camp THE GOAL IS REHABILITATION!!!! o Rehabilitation Giving law breakers job training and education to prevent them from falling back into criminal behavior. o Why? They are still young enough to get on the right track. - Ignorance of the law is no excuse - It is our duty as citizens to know the law and follow it. Exit Ticket Which of the following is an example of rehabilitation? a. Death penalty b. Fines c. Counseling d. Jail Which punishment orders a convicted criminal to pay the victim a monetary amount to compensate for personal loss? a. Deterrence b. Reprieve c. Restitution d. Retribution Reflection o Based on what you learned, why doesnt our current correction system work? o What could be a better system? o Answer in a paragraph or two.