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Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

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1 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
CJ in the USA: The LAW Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

2 Upon completion of this Module, the student will be able to:
Provide the key provisions of the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments of the U.S. Constitution Explain case law, common law, and stare decisis Identify the most relevant common law crimes Describe the elements of a crime Define torts and contracts Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

3 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Introduction The law is the framework for the American criminal justice system U.S. Constitution Bill of Rights Freedom of speech Right to counsel Common law Precedents Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

4 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
First Amendment Establishment Clause Prohibits government from instituting a national religion Free Exercise Clause Prohibits government from interfering with any genuine religion Freedom of Speech Prohibits government from interfering with people expressing themselves in written, spoken, and symbolic form Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

5 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
First Amendment Freedom of the Press Ability to communicate through all media Peaceful Assembly Permits the people to petition the government Petition for Redress of Grievances Permits the people to seek relief through governmental action (e.g. court) Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

6 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Fourth Amendment Search and seizure without probable cause Protects from wrongful investigation and confiscation without reasonable evidence Exigent circumstances Legal exemption to enter premises without a warrant only in special situations Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

7 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Fifth Amendment Protections include: Petit jury Grand jury Prohibition against confessions obtained through coercion (i.e. No one “shall be compelled…to be a witness against himself…”) Double jeopardy – bans “same offense” trials Due process – right to a fair hearing Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

8 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Sixth Amendment Those convicted of a crime have the right to be tried by an impartial jury Protections include: Right to a speedy and public trial Right to a trial by jury Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

9 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Eighth Amendment Reasonable penalties must be provided Includes the following: Prohibits excessive bail and fines Prohibits cruel and unusual punishments Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

10 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Fourteenth Amendment Defines citizenship and due process Protections include: All citizens of the United States, whether born or naturalized, are subject to its jurisdiction No state can “deprive any person of life, liberty, or property, without due process of law…” Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

11 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Common Law U.S. system is based upon the English common law system Precedents are prior case rulings Case laws are verdicts by higher courts that bind to lower ones Stare decisis determines current cases based upon prior ones Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

12 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Areas of Law Interests include: Civil – protects the individual Criminal – protects society Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

13 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Criminal Law A crime requires a criminal act and a criminal intent Actus Reus – guilty act Mens Rea – guilty mind Concurrence – the act and the intent must occur together to be a crime Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

14 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Types of Crimes Murder – killing a person with malice (intent to kill) First degree – premeditated murder Manslaughter – killing without malice Voluntary manslaughter Involuntary manslaughter Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

15 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Types of Crimes Assault The use of force to cause harm Fear or apprehension of immediate harm Rape Common law – sexual assault of a woman by a man Statutory offense – covers both genders Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

16 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Types of Crimes Larceny – taking and carrying away of another’s personal property with intent to permanently deprive the owner Robbery – taking from another’s personal property by force or fear of force Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

17 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Types of Crimes Burglary – breaking and entering the “dwelling house” of another with the intent to commit a felony. Arson – willful burning of the dwelling house of another. This also includes insurance fraud Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

18 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Types of Civil Law Torts – a legal injury Intentional – done on purpose Unintentional – done out of negligence Many torts can also be crimes Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

19 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Types of Civil Law Contracts – a legal agreement Breach of contract Non-breaching party can sue for damages caused by not abiding to the contract Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

20 Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Summary The First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments are of particular interest to students of the criminal justice system. The American legal system is a common law system based upon the decisions of judges in previous cases. The two major areas of law are criminal and civil. Civil law protects the individual; criminal law protects society. Crimes require a concurrent act and intent. Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

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