HOLT, RINEHART AND WINSTON A MERICAN GOVERNMENT HOLT 1 The U.S. Legal System Section 1: U.S. Law Section 2: The Criminal Justice System Section 3: Corrections CHAPTER 12

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The U.S. Legal System 2 Section 1: U.S. Law Objectives: What is common law, and where did it originate? What is statutory law? Whom does administrative law govern? What is the difference between civil law and criminal law?

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The U.S. Legal System 3 Section 1: U.S. Law Common law: determined by decisions of fairness made by judges in earlier cases when no law applied based on the principle of negligence originated in England when few written laws existed

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The U.S. Legal System 4 Section 1: U.S. Law Statutory law: passed by the lawmaking bodies of local, state, and national governments used in many circumstances, such as to create or eliminate government programs, control crime penalties, or change the salaries of government employees

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The U.S. Legal System 5 Section 1: U.S. Law Administrative law applies to government agencies that carry out congressional legislation.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The U.S. Legal System 6 Section 1: U.S. Law Differences between civil law and criminal law Civil law: applies to private disputes punishable by fines Criminal law: applies to actions prohibited by the government punishable by fines or imprisonment

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The U.S. Legal System 7 Section 2: The Criminal Justice System Objectives: Who enforces criminal laws? What process does an accused person go through after his or her arrest? What is a plea bargain?

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The U.S. Legal System 8 Section 2: The Criminal Justice System The police system enforces criminal laws.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The U.S. Legal System 9 Section 2: The Criminal Justice System Steps an accused person goes through after his or her arrest: 1.appearance in court before a judge to determine if bail should be set 2.preliminary hearing—judge decides if enough evidence exists against the accused to be formally charged 3.indictment—the accused is formally accused before a grand jury or by an information 4.arraignment—the accused is formally notified of the charges against him or her and is asked to enter a plea

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The U.S. Legal System 10 Section 2: The Criminal Justice System Steps an accused person goes through after his or her arrest: 5.jury selection— prosecution and defense choose a jury of 6 to 12 people for trial to begin 6.trial—both sides present evidence and have witnesses testify about the case 7.verdict—jury decides the guilt or innocence of the accused 8.sentencing—judge sets punishment for the convicted defendant

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The U.S. Legal System 11 Section 2: The Criminal Justice System A defendant might chose a plea bargain to avoid going to trial by pleading guilty to a less serious charge, which might reduce the sentence that he or she might have received if found guilty in trial.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The U.S. Legal System 12 Section 3: Corrections Objectives: What are the various sentencing options in the criminal justice system? What is parole? Why is capital punishment controversial? What happens to juvenile offenders after their arrest?

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The U.S. Legal System 13 Section 3: Corrections Sentencing options in the criminal justice system: probation imprisonment

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The U.S. Legal System 14 Section 3: Corrections Parole: the early release of convicts from prison determined by a parole board based on the prisoner’s previous record and the facts of the crime he or she committed set based on the time remaining on the sentence

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The U.S. Legal System 15 Section 3: Corrections The controversy of capital punishment Arguments supporting it: costs less than life imprisonment deters people from committing murderous crimes is a just punishment Arguments opposing it: has a costly appeals process does not deter people from committing murderous crimes may lead to the death of innocent people is cruel and unusual is discriminatory in the way its administered

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The U.S. Legal System 16 Section 3: Corrections Process juvenile offenders undergo after their arrest: 1.The offender is taken to a juvenile detention center. Bail is usually denied. 2.In juvenile court, a judge decides whether to release the offender. Many states do not grant juveniles the right to a trial by jury. 3.Juveniles found guilty may pay a fine or be sentenced to probation or community service.

HOLT, RINEHART AND WINSTON A MERICAN GOVERNMENT HOLT 17 Chapter Wrap-Up 1.How are criminal laws and civil laws different? 2.List the four main types of laws. 3.What is the difference between a felony and a misdemeanor? 4.List the steps that an accused person typically goes through after being booked by the police. 5.What part does the grand jury play in indicting someone who is accused of a crime?

HOLT, RINEHART AND WINSTON A MERICAN GOVERNMENT HOLT 18 Chapter Wrap-Up 6.Why can different people convicted of the same crime receive widely different sentences? 7.What are two benefits of probation? 8.By what process is a prisoner granted parole? 9.In what ways are juvenile offenders treated differently from adults? 10.What are the major arguments for and against the death penalty?