Ch. 15 The Sources of Our Laws

Functions of Law American society developed around the principle of “a government of laws and not of men” Laws are rules that allow people to live peacefully in society. Laws guarantee individual liberties because they are binding on everyone People, organizations, and governments can deal with one another because all know which acts are permitted and which are not

Functions of Law To discourage criminal acts, laws set punishments and establish a justice system to enforce the laws. Laws also set rules to resolve civil disputes

Functions of Law To be effective: laws must be fair and treat all people equally Laws must set punishments that fit the crime Ordinary people must be able to understand them; easier for government to enforce Laws must be reasonable; people more likely to obey

Early Law Laws of early human societies were probably passed to each following generation orally The first known system of written law was the Code of Hammurabi, a collection of 282 laws compiled by King Hammurabi of Babylonia in about 1760 B.C. Eye for an Eye

Early Law The Hebrews of ancient Palestine followed the Ten Commandments found in the Bible. Thou shalt not kill or steal are reflected in our penal codes today.

Early Law The Romans called their law jurisprudence, a word we use today to mean the study of law. Much like the Code of Hammurabi, the penalties for offenses were drastic. Over the centuries, the Roman senate adopted many laws and Roman judges wrote commentaries on them (opinion) which became part of the law.

Early Law Later Roman emperors created laws by issuing edicts, or commands. As the Roman Empire spread, so did Roman law. Emperor Justinian I sent scholars all over the world to collect the remnants of the fallen Western Roman Empire; pieced together his own body of rules called the Code of Justinian which became the basis of law for the Byzantine Empire Old Roman law eventually became part of canon law of the Roman Catholic Church.

Early Law More than a thousand years later, the French emperor Napoleon during his conquests in Europe, updated the Justinian Code and called it the Napoleonic Code. The code spread throughout Europe as the French spread and to different parts of the world as well (Asia, Africa, and North America)

Early Law American law has borrowed a little from all of the previous sources. Based mainly on the English system of common law, or law based on court decisions rather than on a legal code. When early English judges heard a case, they looked in the books for a similar case and followed the earlier ruling, or precedent—legal opinions that became part of the common law

Early Law English judges blended Roman law and canon law into the body of common law The law came to include basic rights such as trial by jury and innocent until proven guilty

Early Law As the English Parliament gained power, acts of Parliament—written statutes—came to dominate the English legal system. English settlers in North America brought their traditions of common law and citizens’ rights with them. Today, common law forms the basis of our legal system, including the tradition of following precedents.

Ch. 15.2: Types of Laws Criminal laws seek to prevent people from deliberately or recklessly harming each other or each other’s property. American courts operate on an adversary system. Lawyers for opposing sides present their cases and the judge plays an impartial role.

Adversary System Critics of the adversary system argue that it encourages lawyers to ignore unfavorable evidence. “smoke and mirrors”; show what only needs to be shown to win. Supporters of this system claim that it is the best system to bring out the facts of the case

Criminal Law In criminal cases, the government always plays the role of the plaintiff—the party who brings forth the charges Charges are brought forth against the defendant—the individual or group being sued Most criminal cases are titled in terms of the state against the defendant. Ex. The state of California v. O.J. Simpson

Criminal Law Felonies are serious crimes, such as murder, rape, and robbery. Misdemeanors are less serious offenses, such as vandalism or stealing inexpensive items Usually punishable by a fine or jail sentence of less than one year.

Civil Cases Civil cases involve disputes between people or groups, in which no criminal laws have been broken. A civil case is also called a lawsuit—a legal action in which a person or group sues to collect damages for some harm done. (monetary compensation)$$$

Civil Cases In civil cases, the plaintiff believes the defendant is to blame for some damage or loss of something of value. Dispute may involve a breach of contract in which one party believes that the other did not fulfill the terms of the agreement.

Civil Cases Another type of civil dispute involves torts, or civil wrongs. In tort law a person may suffer an injury and claim that another party’s negligence was the cause. Did you directly or indirectly do something that led to me being injured???

Civil Cases Family law is another type of civil law because you are dealing with issues such as: Divorce Child custody/child support Alimony adoption

Public Law Public law, or constitutional law, involves rights guaranteed under the Constitution or spelled out in legislation. This helps guide courts and legislatures when they deal with punishments and fines Constitutional laws are the highest laws in the land

Public Law Administrative law includes all the rules and regulations that government agencies issue to carry out their jobs. FCC, FAA, EPA regulations fall within administrative law.

Public Law Statutory law includes the laws written by legislatures at all levels of government. Establishes rules such as speed limits, minimum age for work permits, noise ordinances, leash laws, bans on smoking, etc. Meant to control people’s behaviors

International Law International law comprises treaties, customs, and agreements among nations. Any violation of international law may be brought to the International Court of Justice, or World Court, which is located in The Hague, the Netherlands. The United Nations established the World Court to hear disputes that nation’s bring against other nations.

International Law Problem with the World Court is it has no enforcement powers. The court must rely on the willingness of the parties to accept its rulings Countries have to be willing to give up people to stand trial.

Ch. 15.3: The American Legal System American colonists owed their rights to legal principles developed in England Although written statutes have replaced common law, courts still refer to common law when no statutes exist for a given issue

Legal Protections in the U.S. Constitution Courts base their rulings on written laws and on precedents of earlier cases. Judges then use these rulings to decide similar cases in the future. This process is called stare decisis, for “let the decision stand”

Legal Protections in the U.S. Constitution Article I provides a safeguard against being kept in jail unlawfully. It includes the writ of habeas corpus, which requires an official who has arrested someone to bring that person to court and explain why he or she is being held.

Legal Protections in the U.S. Constitution Article I forbids enactment of a bill of attainder—a law that punishes a person accused of a crime without a trial or fair hearing in court. Also forbids an ex post facto law, which would allow a person to be punished for an action that was not against the law when it was committed.

Legal Protections in the U.S. Constitution The 5th and 14th Amendments guarantee citizens due process of law—the government may not take our lives, liberty, or property without the proper exercise of law. The equal protection clause of the 14th Amendment requires the government to treat all people equally, regardless of gender, race, or religion.

Legal Protections in the U.S. Constitution A person can be convicted of treason for: Waging war against the U.S. Joining its enemies Giving aid and comfort to the enemy Treason is defined specifically so that the government cannot misuse the law to punish people for political acts.

Rights of People Accused of Crimes Rights of the accused are based on the idea that a person is presumed innocent until proven guilty in a court of law. The burden of proof is on the prosecution; must prove guilt Defendant does not have to prove innocence

Rights of People Accused of Crimes The 4th Amendment protects against “unreasonable search and seizure” To intrude on someone’s property, police must first get a search warrant—a judge’s authorization specifying the place to be searched and items that may be seized. Police must have good reason (probable cause) to believe that the wanted person or evidence can be found there.

Mapp v Ohio In Mapp v. Ohio, the Supreme Court established the exclusionary rule. If police gain evidence in a way that violates the 4th Amendment, the evidence may not be used in court.

Rights of People Accused of Crimes The 5th Amendment states that people do not have to say anything that might incriminate themselves. People can “take the Fifth” and decline to answer questions

Miranda v. Arizona In Miranda v. Arizona, the Supreme Court held that police must inform suspects that they have the right to remain silent, but this right may not be used to obstruct justice. 5th Amendment bans double jeopardy. Once tried and found not guilty, a person may not be tried for the same crime

Rights of People Accused of Crimes 5the Amendment also states that any person accused of serious federal crimes must be brought before a grand jury. If the grand jury decides there is enough evidence to proceed to trial, they indict or issue a formal charge against the person.

Rights of People Accused of Crimes The 6th Amendment states that an accused person has the right to a lawyer. In Gideon v. Wainwright, the Supreme Court interpreted this to mean that if the accused could not afford a lawyer, the state must provide one.

Rights of People Accused of Crimes The 6th Amendment says that accused people must be informed of the accusations against them. People have the right to a public and speedy trial by an impartial jury Have the right to question witnesses tesifying against you and can call forth witnesses on your behalf.

Rights of People Accused of Crimes To be impartial means jury members must not know anyone involved in the case and must not have made up their minds before the trial. Jury members usually come from the area where the crime was committed. In federal courts, all trial juries or petit juries, have 12 people who must reach a unanimous decision

Rights of People Accused of Crimes Defendants do have the opportunity to choose a bench trial, or appear before a judge without a jury. Few criminal cases ever go to trial. Most are settled through plea bargaining Negotiations are made between the defense attorney and the prosecutor Offering the chance to plead guilty to a less serious crime in exchange for a less severe penalty; judge must agree with plea bargain

Rights of People Accused of Crimes Plea bargains reduce the time and expense of a trial Also reduce the huge volume of cases that are on the court’s docket.

Rights of People Accused of Crimes The 8th Amendment outlaws “cruel and unusual punishments.” Punishment must fit the crime

Furman v. Georgia The Supreme Court ruled in Furman v. Georgia that the death penalty as then administered was not constitutional. It was being imposed in unfair ways, mainly on African Americans and poor people In response to this, most states had to revise their death penalty laws to comply with the Court’s guidelines.

Rights of People Accused of Crimes 8th Amendment prohibits “excessive bail.” Bail is money an arrested person pays to a court to win release from jail while awaiting trial. The purpose is to guarantee that the person will return for trial After the trial, the person gets the money back

Rights of People Accused of Crimes Courts may not set bail so high that a person is unfairly forced to stay in jail. In cases involving serious crimes, however, the judge may set a very high bail. In extreme cases, like murder, or if the arrested person is a flight risk, the judge may outright deny bail.

Our Legal Responsibilities American citizens have a responsibility to: Serve on a jury Testify in court Obey laws Cooperate with law enforcement Work peacefully to change unfair, outdated laws