The American Quest for Freedom and Justice: Our Laws Chapter 2 The American Quest for Freedom and Justice: Our Laws

The Declaration of Independence Asserts that all individuals are created equal and are entitled to unalienable rights of life, liberty and the pursuit of happiness. Government derives power from the PEOPLE. American Creed: a body of beliefs about equality, liberty and justice which most Americans believe in.

Americans demanded CIVIL RIGHTS and CIVIL LIBERTIES from the English. Civil Rights: claims that the citizens has the affirmative assistance of government. Civil Liberties: an individual’s immunity from governmental oppression. The Declaration of Independence broke our ties with England.

Types of Law Social or Moral Law Laws made by society and enforced solely by social pressure Common Law: Precedents set by the judges in the royal courts as disputes rose Case Law: Judicial precedents; no specific law exists, but a similar case serves as a model

Statutory Law: Legislated and written law May be passed at the federal or state level At both levels includes constitutional and ordinary law Constitutional law: Amendments and interpretations by federal courts Ordinary law: Acts of congress, treaties with foreign states, executive orders, regulations, and interpretation of the preceding by federal court.

Equity Demands that laws change as society changes, resorting to general principles of fairness and justice whenever existing law is inadequate. Requires “spirit of the law” take precedence over “letter of the law”

Constitutional Law Constitution: System of fundamental laws and principles that prescribe the nature, functions and limits of a government or other body. The US Constitution, ratified in 1789, is the basic instrument of government and the supreme law of the land.

Bill of Rights The Bill of Rights refers to the first 10 amendments to the constitution, which protect the peoples’ liberties and forbid the government to violate these rights.

First Amendment Guarantees freedom of religion Guarantees freedom of speech Guarantees freedom of the press Guarantees freedom of peaceable assembly Guarantees freedom of petition

Freedom of Religion: Free to worship as we see fit No law can establish official church No law can prevent free exercise of religion Separates church and state Government must be neutral on religious matters, favoring no religion about another

Pure Speech: protected by the First Amendment Freedom of Speech: Pure Speech: protected by the First Amendment speech without accompanying action Speech Plus: Not protected under First Amendment Example: picket lines Symbolic Speech: Tangible forms of expression

Freedom of Peaceable Assembly: Freedom of the Press: Generally forbids censorship Obscene or libelous prints is not protected Freedom of Peaceable Assembly: Political, religious or social activity Authorities cannot impose unreasonable restrictions on assemblies Freedom of Petition: Allows citizens to communicate with their government

The Second Amendment The Second Amendment guarantees the right to keep and bear arms as necessary for a well-regulated militia. Gun control acts

The Fourth Amendment The Fourth Amendment requires probable cause and forbids unreasonable searches and seizures Searches: Police Officer typically need a warrant to search or seize property of private citizen Plain view

Guarantees due process: Exclusionary Rule No evidence may be admitted in a trial unless it was obtained with in the constitutional standards set forth in the Fourth Amendment The Fifth Amendment: Guarantees due process: Notice of hearing Full information regarding the charge

Presumed innocent until proven guilty Prohibits double jeopardy Opportunity to present evidence in one’s own behalf before impartial judge or jury Presumed innocent until proven guilty Prohibits double jeopardy Can’t be tried more than once for the same crime. Second trial can occur, however, when the first trial results in mistrial, jury cannot agree on verdict, or when ordered by appellate court

Fifth Amendment prohibits self-incrimination Grand Jury: Prior to being tried in Federal Court, a person must first be INDICTED (formally accused of a crime) The Grand Jury’s duty is to prevent people from being subjected to trial with out proof a crime was committed

Due Process: Occurs in the Fifth and Fourteenth Amendment Requires timely notice of a hearing/trial Informs accused of charges Present evidence Impartial judge or jury Innocent until proven guilty

Self Incrimination: People are not required to provide information that may convict them Miranda v. Arizona: Warned prior to custodial interrogation of their right to remain silent, what they say can be used against them, right to counsel

The Sixth Amendment: Establishes requirements for criminal trials speedy Public Informed of charges Confront witness against him or her Subpoena witnesses for defense Have counsel

Subpoena: Hearsay Indigent: Orders into court as witness person whose testimony is desired at trial Hearsay Secondhand information Indigent: No means to hire counsel

The Eighth Amendment: The Ninth Amendment: The Tenth Amendment: Forbids excessive bail, excessive fines and cruel and unusual punishments The Ninth Amendment: Government powers are limited by the rights of the people (don’t have right to invade the rights of the people) The Tenth Amendment: Made the Bill or Rights applicable to states

The Fourteenth Amendment: Requires each state to abide by the Constitution and the incorporation doctrine of the Bill of Rights. It guarantees due process and equal protection under the law.

Criminal Law: Rules and procedures for investigating crimes and prosecuting criminals Regulates the constitution of courts. Regulates conduct of trials, and administration of penal institutions.

Actus Reus: material elements of crime Menus Rea: intent Felony: Serious crime Punishable by death or imprisonment Sentence of more than one year Misdemeanor: Minor offense Punishable by fine or short term jail sentence Sentence less than one year Actus Reus: material elements of crime Menus Rea: intent

Civil Rights Act (1983) US Code, Title 42 Civil Law and Tort Non-criminal restrictions placed on people Seeks restitution no punishment Known as Tort Civil Rights Act (1983) US Code, Title 42 Stipulates that anyone under the authority of local or state law who violates another person’s constitutional rights, even though they are upholding the law, can be sued.

Requirements for a Section 1983 action are: The plaintiff must be deprived of a constitutional right The defendant must deprive the plaintiff of this right while acting under the “color of the law” Strict liability: liable even if no harm was intended Intentional wrong: knew if was wrong and did it any way Negligence: did not set out to do harm by acted carelessly

Police Power: Authority: the right to direct and command Power: force by which other can be made to obey Police Power: is derived from the US Constitution, US Supreme Court decisions, federal statutes, state constitutions, state statutes, state court decisions and various municipal charters and ordinances

Police power is restricted by the Constitution, Fourteenth Amendment and the Courts Conflict Theory: Marx & Engel’s Manifesto of the Communist Party Contends that certain behavior are criminalized to keep the dominate class in power

Consensus Theory: Contends that individuals within a society agree on basic values, on what is inherently right and wrong.