Chapter 15 The Individual and the Law

Functions of Laws 1)Help us to live 1)Help us to live peacefully 2)Teach us to deal with each other 3)Keep and prevent 3)Keep peace and prevent violence 4) 4)Settle disputes 5)Regulate behavior 5)Regulate government behavior

Characteristics of Good Laws 1)Must be and treat all people 1)Must be fair and treat all people equally 2)-crime must fit the punishment 2)Reasonable-crime must fit the punishment 3)People must be able to them 3)People must be able to understand them 4)Government must be able to it 4)Government must be able to enforce it

Early Law Codes Code of Hammurabi Earliest know law code Earliest know written law code Created by King of Babylonia in 1760 B.C. Created by King Hammurabi of Babylonia in 1760 B.C. Eye for and Tooth for Eye for Eye and Tooth for Tooth Used punishments to deter people from crime Used harsh punishments to deter people from crime

Early Law Codes The Ten Commandments Created by the of ancient Palestine Created by the Hebrews of ancient Palestine Used as a basis for laws Used religion as a basis for laws Ex: Thou shall not kill Ex: Thou shall not kill

Early Law Codes Roman Law Turned law into a science called Turned law into a science called jurisprudence Were written on huge tablets for all the empire to see Were written on 12 huge tablets for all the empire to see Eventually the Emperor put all the laws into one simple code for all to understand, called the Eventually the Emperor Justinian put all the laws into one simple code for all to understand, called the Justinian Code This code was eventually upgraded as well by the Emperor in France in the late 1700s, called the This code was eventually upgraded as well by the Emperor Napoleon in France in the late 1700s, called the Napoleonic Code

Early Law Codes English Law Most important influence in the Most important influence in the United States Used and Used common law and precedents Had a Had a Bill of rights

Types of Law 1) 1)Criminal Seeks to prevent crimes against and Seeks to prevent crimes against people and property Use with juries Use trials with juries until proven Innocent until proven guilty Charges brought by the (government) Charges brought by the plaintiff (government)

Types of Law 1) 1)Criminal (continued) Accused is the defendant 95% of trials are at the state level Minor crimes are misdemeanors Major crimes are felonies

Types of Law 2) 2)Civil Disputes between Disputes between people is not involved State is not involved Usually deals with Usually deals with contracts

Types of Law 3) 3)Tort law Deals with civil Deals with civil wrongs When one person’s hurts others When one person’s negligence hurts others Usually in cases where the law is or Usually in cases where the law is vague or unclear

Types of Law 4) 4)Family Law Deals with issues that affect life Deals with issues that affect family life Includes Includes divorce, child custody, adoption, alimony, child support, spousal and child abuse

Types of Law 5) 5)Public or Constitutional law Deals with issues that affect us Deals with issues that affect us indirectly Concerns the we have as citizens Concerns the rights we have as citizens Ex: Ex: Miranda Rights

Types of Law 6) 6)Miscellaneous Laws Administrative law-includes all the rules and regulations that government agencies must follow Administrative law-includes all the rules and regulations that government agencies must follow Statutory Law-regulates the laws written by legislatures at all levels of government Statutory Law-regulates the laws written by legislatures at all levels of government

Types of Law 7) 7)International Law Deals with, and arrangements with other countries Deals with treaties, customs, and arrangements with other countries Court is held at the located in The Hague, the Netherlands Court is held at the International Court of Justice located in The Hague, the Netherlands It has no powers, both sides must agree to follow its decisions It has no enforcement powers, both sides must agree to follow its decisions

Legal Protections in the Constitution Writ of habeas corpus- you must be brought to court and told why you are being arrested Writ of habeas corpus- you must be brought to court and told why you are being arrested Bills of attainder- this is a law that punishes a person without a trial, these are illegal in the USA Bills of attainder- this is a law that punishes a person without a trial, these are illegal in the USA Ex post facto law- would allow a person to be punished for an action that was not illegal at the time it was committed. Also illegal in the USA Ex post facto law- would allow a person to be punished for an action that was not illegal at the time it was committed. Also illegal in the USA Due process of law- government must follow certain rules when we are arrested Due process of law- government must follow certain rules when we are arrested

Legal Protections in the Constitution 5th Amendment Grand jury No No double Jeopardy Right to remain silent

Legal Protections in the Constitution 6th Amendment Know the against you Know the charges against you Right to hear and question against you Right to hear and question witnesses against you Right to call your Right to call your witnesses Right to an Right to an attorney Right to a and trial with a jury of your peers (may chose a bench trial, judge only no jury) Right to a speedy and public trial with a jury of your peers (may chose a bench trial, judge only no jury) agree to a guilty plea in exchange for a lesser sentence. This saves money on a trial and guarantees a conviction Plea bargaining- agree to a guilty plea in exchange for a lesser sentence. This saves money on a trial and guarantees a conviction

Legal Protections in the Constitution 8th Amendment No cruel and unusual No cruel and unusual punishment Case of Furman v. Georgia ruled that states were not applying the death penalty correctly and forced states to redo their laws Case of Furman v. Georgia ruled that states were not applying the death penalty correctly and forced states to redo their laws Trial will be in two stages, 1st stage to determine or innocence, 2nd stage to determine the Trial will be in two stages, 1st stage to determine guilt or innocence, 2nd stage to determine the sentence Right to fair and reasonable Right to fair and reasonable bail

Our Legal Responsibilities 1) 1)Serve on a jury 2) 2)Testify in court 3) 3)Obey the law 4) 4)Cooperate with the law