The American Legal System

Legal Protections I the U.S. Constitution Courts base their rulings on written law. Courts sets law by interpreting law. Courts base rulings on precedents. These rulings are then used to build decisions about similar cases in the future. This process is called Stare decisis which is Latin for let the decision stand.

Legal Protections I the U.S. Constitution Article I of the Constitution contains several basic rights . Habeas Corpus- requires officials to explain why they arrested a person and bringing them to court.

Legal Protections I the U.S. Constitution Article I of the Constitution contains several basic rights . Bill of Attainer-forbids punishment without benefit of a trial or hearing. Ex Post facto Law- cannot punish some one for something that was not a crime but is now.

Legal Protections I the U.S. Constitution The first ten amendments apply to individual rights and freedoms. Several of the amendments apply to the relationship with law enforcement.

Legal Protections I the U.S. Constitution The 4th and 5th amendments apply to due process of law. Due Process- Government cannot take our lives, property or liberty away without the proper exercise of the law. 14th Amendment- requires the government to treat people equally.

Legal Protections I the U.S. Constitution Article III defines only one crime- treason. Treason- waging war against the U.S., join an enemy of the country, or give aid and comfort to the enemy.

Rights of the Accused – Fourth Amendment Search & seizure. Protects people from the government from unreasonable search and seizure. Police wanting to search must first get a search warrant with a judges authorization.

Rights of the Accused – Fourth Amendment A judge will issue a search warrant if the police can prove probable cause. Probable Cause- a good reason to believe a wanted person is hiding in a particular place or that evidence is housed their.

Rights of the Accused – Fifth Amendment People are not required to incriminate themselves but can remain silent when being questioned by authorities. This must be explained by authorities before questioning. Miranda vs Arizona

Rights of the Accused – Fifth Amendment Fifth Amendment also bans Double Jeopardy. Double Jeopardy- A person being found innocent of crime in a trial cannot be retried for the same crime again.

Rights of the Accused – Fifth Amendment Fifth Amendment also establishes the use of a Grand jury to determine Through the evaluation of evidence, if a person should be brought to trial for committing a serious crime.

Rights of the Accused – Fifth Amendment Grand Juries are typically a group of 12 to 23 people who hear evidence presented by a prosecutor. The defendant is not present. Some evidence presented may not necessarily be admissible in a trial. If there is enough evidence an indictment is produced. (Formal Charges)

Rights of the Accused – Sixth Amendment The accused has the right to be defended by an attorney. This was established in the case Gideon vs Wainwright 1963 before Miranda. In addition the 6th states the accused must be informed of the charges and accusations against the individual.

Rights of the Accused – Sixth Amendment An accused person also has right to a public and speedy trial. An accused person also has the right to a trial by an impartial jury. Most states require trials to begin within 100 days. This protects defendants from being in jail for extended periods of time.

Rights of the Accused – Sixth Amendment In Federal courts, all trial juries, called petit juries, consist of 12 people. In criminal cases all jury verdicts must be unanimous. In state cases juries can range from 6 jurors to 12 depending on the seriousness of the case.

Rights of the Accused – Sixth Amendment Defendants my opt to a trial by a judge rather than a jury and this is called a bench trial. Many crimes do not come to trial because they are plea bargained down to a lessor charge or time in jail.

Rights of the Accused – Sixth Amendment Plea Bargain- negotiation between the defense attorney and prosecutor offering the defendant a lessor crime charge or penalty in exchange for a plea of guilty. Judge must agree to any plea reached.

Rights of the Accused – Eighth Amendment This outlaws “cruel and unusual punishment.” Outlaws torture, punishment that does not fit the severity of the crime such as the death penalty for robbery. 1972 Furman vs Georgia made the death penalty unconstitutional.

Rights of the Accused – Eighth Amendment 8th amendment also prohibits excessive bail. Bail- the amount of money a person pays to a court to be released from jail until the outcome of a trial. Purpose of bail is to make sure the accused makes it to trial. If the accused is found innocent that sum of money is returned.

Rights of the Accused – Eighth Amendment If the crime committed is extremely serious a high bail can be set or some cases such as murder with extreme circumstances bail can be denied.

Other Responsibilities People must obey laws Cooperate with Law Enforcement Law enforcement’s ability enforce law is predicated upon a communities willingness to obey it.