Law and Your Rights 7.1

“Equal Justice Under Law”  Carved over entrance of Supreme Court Building All US citizens equal and guaranteed equal protection by law

Laws  Based on majority rule Formed when change is needed Can change with the times  People must know laws Passed for greater good

Kinds of Law  Four kinds Statutory Common Administrative Constitutional  Based on principals of US Constitution Law of the land

Statutory Law  Passed by lawmaking bodies (Congress)  State and local govt

Common Law  Accepted as proper behavior Common sense Ex. car accident Precedent—earlier decision Becomes Common Law  Most common law passed as statutory law By nation’s lawmaking bodies

Administrative Law  Laws that affect our daily lives are  Made by government agencies  Consumer Product Safety Commission Product recalls

Constitutional Law  Constitution always prevails  Supreme Court decisions interpret the Constitution

Role of Court  Hear dispute  Apply the law  Reach decision  Enforce law fairly

Role of Court  FBI agent finds a spy? Can the government throw the spy in prison for treason?  Innocent until proven guilty  Trial must be in court Authority to administer justice Justice for all

Rights  Fair and public trial  Bail: may released on promise to return for trial Pay a sum to the court Serious crimes may be denied bail  Lawyer Protect rights of accused

Indictment  Arrest on suspicion of the crime doesn’t mean that the person will go to trial  Must be enough evidence Determined by grand jury citizens Examines the evidence Questions witnesses Investigates facts Majority decides that evidence is strong enough, person is indicted, will go to trial. Indictment: Formal accusation of crime

Right to a Jury Trial  Judged on evidence  6 th Amendment  a.k.a. Petit Jury 6-12 jurors Selected randomly: jury duty  Verdict: decision Unanimous vote  Hung jury: can’t reach unanimous decision New trial held

Innocent Until Proven Guilty  Burden of proof on Prosecution  “beyond a reasonable doubt”  I plead the 5 th Don’t have to testify against self Testimony: evidence given in court Cross-examination Right to call witnesses

Right to Appeal  Courts can make mistakes  Ensuring a fair decision, US courts allows appeals