Warm-up List 5 types of laws and give an example of each. Describe where laws in the US come from. Define plaintiff. Define defendant.
The American Legal System
The US Constitution The Constitution is the basic law of our nation The legislative branch makes laws The executive branch enforces or carries out laws The judicial branch interprets/ applies laws to court cases
Using precedents to build decisions about similar cases in the future Stare Decisis Using precedents to build decisions about similar cases in the future
The Writ of Habeas Corpus Latin- “You should have the body” Requires an official who has arrested someone to bring that person to court and explain why he or she is being held
Bill of Attainder The Constitution forbids bill of attainder laws Bill of Attainder- a law that punishes a person accused of a crime without a trial or fair hearing in court
Ex Post Facto Laws Allowing a person to be punished for an action that was NOT against the law when it was committed
Due Process of Law Due process of Law requires that government may not take our lives, liberty and property except according to the proper exercise of law Accused people have the right to a trial by jury 14th Amendment extends the Rights to all people and treat people equally
The 4th Amendment The 4th Amendment protects people against unreasonable search and seizures A search warrant is a judge’s authorization specifying the exact place to be searched and describing what objects may be seized (taken) Mapp v. Ohio- makes evidence obtained illegally not permissible in court Miranda v. Arizona- requires police to inform a suspect of their rights before being arrested
The 5th Amendment No person is required to incriminate themselves- “You have the right to remain silent” Double Jeopardy- A person that is tried for a crime and found not guilty my not be tried again for the same crime The Grand Jury decides if the government has enough evidence to indict a person or take a person to trial
The 6th Amendment The 6th Amendment- right to a trial by jury and a speedy trial by an impartial jury (so people cannot be held for a long period of time) All persons are entitled to a lawyer even if they cannot afford a lawyer (Gideon v. Wainwright) A Bench Trial is when a defendant chooses to appear only before a judge without a jury
Plea Bargaining In a plea bargain, the government offers the defendant a chance to plead guilty to a less serious crime in exchange for receiving a less severe penalty Plea bargaining can cut down on the expense and time of trial
The 8th Amendment The 8th Amendment outlaws cruel and unusual punishment and also prohibits punishment that does not fit the crime It also prohibits excessive bail Bail- money paid by an arrested person to be released from jail while awaiting trial