This is Ethan Couch. He was 16 when he drove drunk and killed 4 people. His defense team argued that he suffered from “affluenza” – his parents were wealthy and privileged and never set any boundaries for him. The judge sentenced him to rehab and 10 years of probation. IS THIS FAIR? WHAT SENTENCE DO YOU THINK HE SHOULD HAVE RECEIVED?

UNIT 1 History of Criminal Justice in America

Early Codes Ur-Nammu – First written code – Made by Sumerians in what is now Iraq around BC – Written on tablets – Considered very advanced because it institutes fines for bodily damage instead of the notion of an eye for an eye

Early Codes Code of Hammurabi – Set of 282 codes from early Babylon – BC – Largely focused on retribution (eye for an eye) Early Roman Law – This is where we get the idea of writing down laws – 550 BC-450 BC – 12 Tables: basic rules regulating family, religious life, and economic life

Early Codes English Common Law – Law originates from usage and custom rather than from something written – Helps guide judges when making decisions

Early Codes Magna Carta – 1215 – First document imposed upon a King of England by his subjects – Attempted to limit King’s powers and protect citizens rights – King John – When British colonized America, many colonies used it as a model for developing legal system

Early Codes English Bill of Rights – 1689 – Limited powers of King and Queen – Laid out certain basic rights for all Englishmen No excessive bail No cruel and unusual punishment No taxation without agreement of Parliament

US Constitution 1787 Framework for government Has been amended 27 times First 10 amendments are called the Bill of Rights Supreme law of the land

Bill of Rights First 10 amendments to the Constitution Guarantee personal freedoms and limit government power Had little impact for first 150 years of existence, but is now the basis for many Supreme Court decisions Ratified 1791

Texas State Constitution First Texas Constitution was written in 1836 There have been 6 Constitutions in Texas history The current Constitution took effect in 1876 Very restrictive

Model Penal Code Adopted by American Law Institute in 1962 Outlines crimes and classifications Adopted by many states Now all states have a penal code

Sources of Criminal Law Federal Law: – US Constitution, US Criminal Codes, case law (decisions that judges make), and Executive Orders State Law: – state Constitutions, state Criminal codes, and common law Local Law: – city and county charters, ordinances, common law

ASSIGNMENT Create timeline of development of criminal law – Each point on your timeline must include 2 important facts – Each point on your timeline must include 1 illustration