Problems in Society Chapter 3 Sunny Hills High School Business Law Mrs. Larsen.

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Presentation transcript:

Problems in Society Chapter 3 Sunny Hills High School Business Law Mrs. Larsen

Objectives n Identify some problems of modern society. n Define the doctrine of public policy. n Distinguish among laws that protect against drug use & domestic violence. n Describe some laws related to property violations. n Explain how due process applies to minors who violate the law.

Vignette, Page 36 n After the Friday night football game, Grace, Jim, Ben, and Liz are on their way to Jim’s car in the parking lot of the Franklin High Stadium…..

Spirit of the Law n Some problems are more prominent –Drugs and alcohol n Problems cause criminal activity n Legal Issues –Drugs considered illegal substance? –Should abusive parents loose their children? –Licensed Juveniles be fined as Adults for traffic offenses?

Crimes & Criminals n Public Policy – Expect Government to Protect People – Regulate health, safety, welfare and morals

Drug Use n Use of substances that are illegal or harmful n Addiction – Person can no longer function normally – Requires regular substance consumption

Alcohol n Major chemical found in beer, wine, distilled beverages n Most commonly used drug in US n Strict laws regarding sale n Strict laws regarding use

Real Life Example Nick Nolte pleaded no contest to misdemeanor DUI charges © 2003 Cable News Network LP, LLLP. An AOL Time Warner Company. All Rights Reserved. 1/30/2003

Law in Other Countries: Saudi Arabia n Any alcoholic beverage illegal n Beliefs of Islam – Muslim – Book of Koran 5 Pillars Prohibitions n Civil Code based on Muslim Law

Drunk Driving n 1990 Supreme Court n 4 th Amendment – Search and Seizure n Sobriety Check Point n Bartenders liable?

Drugs n Chemical that alter the mind or body n Possession, distribution or sales n Defined by laws n Federal Controlled Substances Act n Sale more serious than use n Crime to give away n Association

FYI n Public Roads Use n Gives Law Enforcement Official Rights –Test for substances –Speed Limits n Called Implied Consent

Domestic Violence n Any reckless or mental abuse between family or household members n Victims: Children, Spouses, Elderly n Protective Order: cease contact

US Supreme Court n 1990 n 6 th Amendment Exceptions n Victims may testify through closed circuit television and out of court n Defendants do not have to FACE their accusers—Child Abuse Case

Harm to Property n Vandalism n Shoplifting n Motor Vehicle Violations n Ignorance of Law is no excuse

Vandalism n Willful or malicious n Damage to property n Even the Lookout n Value related to seriousness n Cost of repair and fines – Parents responsibility

Shoplifting n Form of stealing LARCENY n Cost to consumers 2-3% n Hard to prove--Intent – Prima Facie Evidence – Concealment of article is intent n Carry Goods OUT n 1 in 1200 are prosecuted

Real Life Example Winona Ryder was convicted of grand theft and vandalism, both of which are felonies, for taking more than $5,500 in merchandise from Saks Fifth Avenue © 2003 Cable News Network LP, LLLP. An AOL Time Warner Company. All Rights Reserved. 1/30/2003

Motor Vehicle Violations n Auto licenses are a privilege n Juveniles treated as adults n Fined and possible revoked license

Delinquent & Unruly Children n Delinquent Child – Minor who commits an act that would be a crime if of adult age n Unruly Child – Minor who commits an act that would NOT be a crime if of adult age – Usually result of abuse, mistreatment or neglect

Parens Patriae n The state is the parent n Government is responsible for children when parents are not n Unruly children

Rehabilitation n Goal of Juvenile Court

Transfer to Adult Court n Age 14 n Try juvenile as an adult n Seriousness of crime, history, good of majority, past efforts to rehabilitate, likelihood of repeating the crime

Due Process Rights n 1967 n Minors have same rights as adults – IE. Remain silent when arrested or cross examination n Important because US constitution is for all ages

THE END