Unit 1: The Law and Civil Rights Criminal Justice I

Laws- Where are they made? In the US, citizens are subject to levels of law based on the concept of Federalism (division of power) Made in legislatures: powers from the constitution

Federal Government Executive Power= the president Legislative Power= Congress

State Government Executive Power= Governor (???) Legislative Power= State legislature

Local- City Executive Power= Mayor Bill DiBlasio Legislative Power= City Council Local- City Executive Power= Mayor Bill DiBlasio Legislative Power= City Council

Local- County Executive Power= County Executive, Steve Bellone Legislative Power= County Legislature

Local- Town Executive Power= Town Supervisor Legislative power= Town Board

Made in Agencies Create rules and regulations that can be enforced at law- ie; town zoning, welfare, labor, alcohol, taxes, transportation, school boards Made in Courts Decisions made by courts, especially the Supreme court, explain what laws mean and effect how laws are enforced “Common law” Previous decision on similar cases determine law interpretation

Laws- what are they based on? Power granted to the government by the Constitution Federal- delegated or enumerated powers; “Elastic Clause”- any law that is “necessary and proper” List powers exclusive to the National (federal) government ~Print money ~Declare war ~Establish army ~Treaties w/ foreign governments ~Regulate commerce ~Post offices

Laws- what are they based on? State- Reserved or residual powers; “police powers” to regulate the health, welfare, safety and morals of the people (10th amendment) List powers exclusive to the state governments ~Establish local governments ~Licenses (marriage, driver’s, hunting) ~Interstate trade ~Elections ~Ratify amendments

Laws- what are they based on? Religious Experience- laws are also made from Judeo-Christian heritage; Old Testament, Ten Commandments, Hammurabi’s Code

Laws- what are they based on? English Political Tradition Magna Carta (1215) Trial by a jury of your peers English tradition- civil liberties; protection of “life, liberty and property,” rights of the accused, right to be secure in private home search with a warrant or with probably cause English Bill of Rights- rights to petition the government; right to impartial and speedy jury trial; protection from excessive fine and bail, protection from cruel and unusual punishment

American Civil Rights The Constitution prohibits the passage of: Bill of Attainder: a legal action that singles out an individual or group for punishing without trial Ex Post Facto Laws: retroactive laws Suspending the Right of Habeas Corpus (unless in times of invasion or rebellion): when under arrest, the right to be brought before a judge

US Bill of Rights The first 10 amendments Protects citizens from tyranny by the Federal government

1st Amendment- Freedom of Speech, religion, press and assembly 1st Amendment- Freedom of Speech, religion, press and assembly. Right to petition the government 2nd Amendment- Right to bear arms 4th Amendment- Right to be secure in person, houses, papers and effects against unreasonable searches and seizures, warrants are issued upon probable cause (Mapp v. Ohio~1961)

5th Amendment- protections of Criminally Accused right to a grand jury (serious crimes get grand jury trial indictment) Right not to be a witness against one’s self No double jeopardy (only if mistrial/hung jury) and different level (state federal) (Miranda v. Arizona~1966)

6th Amendment- Rights of the criminally accused speedy trial Impartial jury Informed of crime charged at arraignment Assistance of counsel (lawyer) (Gideon v. Wainright~1963) 8th Amendment- No excessive fines or cruel or unusual punishment; citizens have other rights not mentioned

***14th Amendment***(not the Bill of Rights) No state shall: Deprive a citizen of life, liberty or property without due process of the law Deny any person the equal protection of the law

In 1966 the Supreme court ruled that a person being interrogated by the police that is accused or suspected of a crime must be informed of their rights before being questioned. These are called the Miranda Warnings; they fall under the due process clause of the 5th amendment. http://www.bing.com/videos/search?q=miranda+warnings&FORM=HDRSC3&adlt=strict#view=detail&mid=DF813BD7D5B22C0FDD1ADF813BD7D5B22C0FDD1A

Unit 1 Terms Presumption of innocence ~ in the United States all citizens are innocent until proven guilty. Burden of proof is on the prosecution Guilty beyond a reasonable doubt (criminal cases) 95-100% Preponderance of evidence (civil cases) 51% If you refuse to answer questions in court, you will be held in contempt of court ~ given a fine, throw you out, or put you in jail.