1. The American Quest for Freedom and Justice: Our Laws
Chapter 2
The American Quest for Freedom and Justice: Our Laws

2. The Declaration of Independence
Asserts that all individuals are created equal and are entitled to unalienable rights of life, liberty and the pursuit of happiness.
Government derives power from the PEOPLE.
American Creed: a body of beliefs about equality, liberty and justice which most Americans believe in.

3. Americans demanded CIVIL RIGHTS and CIVIL LIBERTIES from the English.
Civil Rights: claims that the citizens has the affirmative assistance of government.
Civil Liberties: an individual’s immunity from governmental oppression.
The Declaration of Independence broke our ties with England.

4. Types of Law Social or Moral Law
Laws made by society and enforced solely by social pressure
Common Law:
Precedents set by the judges in the royal courts as disputes rose
Case Law:
Judicial precedents; no specific law exists, but a similar case serves as a model

5. Statutory Law: Legislated and written law
May be passed at the federal or state level
At both levels includes constitutional and ordinary law
Constitutional law:
Amendments and interpretations by federal courts
Ordinary law:
Acts of congress, treaties with foreign states, executive orders, regulations, and interpretation of the preceding by federal court.

6. Equity
Demands that laws change as society changes, resorting to general principles of fairness and justice whenever existing law is inadequate.
Requires “spirit of the law” take precedence over “letter of the law”

7. Constitutional Law Constitution:
System of fundamental laws and principles that prescribe the nature, functions and limits of a government or other body.
The US Constitution, ratified in 1789, is the basic instrument of government and the supreme law of the land.

8. Bill of Rights
The Bill of Rights refers to the first 10 amendments to the constitution, which protect the peoples’ liberties and forbid the government to violate these rights.

9. First Amendment Guarantees freedom of religion
Guarantees freedom of speech
Guarantees freedom of the press
Guarantees freedom of peaceable assembly
Guarantees freedom of petition

10. Freedom of Religion: Free to worship as we see fit
No law can establish official church
No law can prevent free exercise of religion
Separates church and state
Government must be neutral on religious matters, favoring no religion about another

11. Pure Speech: protected by the First Amendment
Freedom of Speech:
Pure Speech: protected by the First Amendment
speech without accompanying action
Speech Plus:
Not protected under First Amendment
Example: picket lines
Symbolic Speech:
Tangible forms of expression

12. Freedom of Peaceable Assembly:
Freedom of the Press:
Generally forbids censorship
Obscene or libelous prints is not protected
Freedom of Peaceable Assembly:
Political, religious or social activity
Authorities cannot impose unreasonable restrictions on assemblies
Freedom of Petition:
Allows citizens to communicate with their government

13. The Second Amendment
The Second Amendment guarantees the right to keep and bear arms as necessary for a well-regulated militia.
Gun control acts

14. The Fourth Amendment
The Fourth Amendment requires probable cause and forbids unreasonable searches and seizures
Searches:
Police Officer typically need a warrant to search or seize property of private citizen
Plain view

15. Guarantees due process:
Exclusionary Rule
No evidence may be admitted in a trial unless it was obtained with in the constitutional standards set forth in the Fourth Amendment
The Fifth Amendment:
Guarantees due process:
Notice of hearing
Full information regarding the charge

16. Presumed innocent until proven guilty Prohibits double jeopardy
Opportunity to present evidence in one’s own behalf before impartial judge or jury
Presumed innocent until proven guilty
Prohibits double jeopardy
Can’t be tried more than once for the same crime.
Second trial can occur, however, when the first trial results in mistrial, jury cannot agree on verdict, or when ordered by appellate court

17. Fifth Amendment prohibits self-incrimination Grand Jury:
Prior to being tried in Federal Court, a person must first be INDICTED (formally accused of a crime)
The Grand Jury’s duty is to prevent people from being subjected to trial with out proof a crime was committed

18. Due Process: Occurs in the Fifth and Fourteenth Amendment
Requires timely notice of a hearing/trial
Informs accused of charges
Present evidence
Impartial judge or jury
Innocent until proven guilty

19. Self Incrimination:
People are not required to provide information that may convict them
Miranda v. Arizona:
Warned prior to custodial interrogation of their right to remain silent, what they say can be used against them, right to counsel

20. The Sixth Amendment:
Establishes requirements for criminal trials speedy
Public
Informed of charges
Confront witness against him or her
Subpoena witnesses for defense
Have counsel

21. Subpoena: Hearsay Indigent:
Orders into court as witness person whose testimony is desired at trial
Hearsay
Secondhand information
Indigent:
No means to hire counsel

22. The Eighth Amendment: The Ninth Amendment: The Tenth Amendment:
Forbids excessive bail, excessive fines and cruel and unusual punishments
The Ninth Amendment:
Government powers are limited by the rights of the people (don’t have right to invade the rights of the people)
The Tenth Amendment:
Made the Bill or Rights applicable to states

23. The Fourteenth Amendment:
Requires each state to abide by the Constitution and the incorporation doctrine of the Bill of Rights. It guarantees due process and equal protection under the law.

24. Criminal Law:
Rules and procedures for investigating crimes and prosecuting criminals
Regulates the constitution of courts.
Regulates conduct of trials, and administration of penal institutions.

25. Actus Reus: material elements of crime Menus Rea: intent
Felony:
Serious crime
Punishable by death or imprisonment
Sentence of more than one year
Misdemeanor:
Minor offense
Punishable by fine or short term jail sentence
Sentence less than one year
Actus Reus: material elements of crime
Menus Rea: intent

26. Civil Rights Act (1983) US Code, Title 42
Civil Law and Tort
Non-criminal restrictions placed on people
Seeks restitution no punishment
Known as Tort
Civil Rights Act (1983) US Code, Title 42
Stipulates that anyone under the authority of local or state law who violates another person’s constitutional rights, even though they are upholding the law, can be sued.

27. Requirements for a Section 1983 action are:
The plaintiff must be deprived of a constitutional right
The defendant must deprive the plaintiff of this right while acting under the “color of the law”
Strict liability: liable even if no harm was intended
Intentional wrong: knew if was wrong and did it any way
Negligence: did not set out to do harm by acted carelessly

28. Police Power: Authority: the right to direct and command
Power: force by which other can be made to obey
Police Power: is derived from the US Constitution, US Supreme Court decisions, federal statutes, state constitutions, state statutes, state court decisions and various municipal charters and ordinances

29. Police power is restricted by the Constitution, Fourteenth Amendment and the Courts
Conflict Theory:
Marx & Engel’s Manifesto of the Communist Party
Contends that certain behavior are criminalized to keep the dominate class in power

30. Consensus Theory:
Contends that individuals within a society agree on basic values, on what is inherently right and wrong.