1. Unit 1: The Law and Civil Rights
Criminal Justice I

2. Laws- Where are they made?
In the US, citizens are subject to levels of law based on the concept of Federalism (division of power)
Made in legislatures: powers from the constitution

3. Federal Government Executive Power= the president
Legislative Power= Congress

4. State Government Executive Power= Governor (???)
Legislative Power= State legislature

5. Local- City Executive Power= Mayor Bill DiBlasio
Legislative Power= City Council
Local- City
Executive Power= Mayor Bill DiBlasio
Legislative Power= City Council

6. Local- County Executive Power= County Executive, Steve Bellone
Legislative Power=
County Legislature

7. Local- Town Executive Power= Town Supervisor Legislative power=
Town Board

8. Made in Agencies
Create rules and regulations that can be enforced at law- ie; town zoning, welfare, labor, alcohol, taxes, transportation, school boards
Made in Courts
Decisions made by courts, especially the Supreme court, explain what laws mean and effect how laws are enforced “Common law”
Previous decision on similar cases determine law interpretation

9. Laws- what are they based on?
Power granted to the government by the Constitution
Federal- delegated or enumerated powers; “Elastic Clause”- any law that is “necessary and proper”
List powers exclusive to the National (federal) government
~Print money
~Declare war
~Establish army
~Treaties w/ foreign governments
~Regulate commerce
~Post offices

10. Laws- what are they based on?
State- Reserved or residual powers; “police powers” to regulate the health, welfare, safety and morals of the people (10th amendment)
List powers exclusive to the state governments
~Establish local governments
~Licenses (marriage, driver’s, hunting)
~Interstate trade
~Elections
~Ratify amendments

11. Laws- what are they based on?
Religious Experience- laws are also made from Judeo-Christian heritage; Old Testament, Ten Commandments, Hammurabi’s Code

12. Laws- what are they based on?
English Political Tradition
Magna Carta (1215) Trial by a jury of your peers
English tradition- civil liberties; protection of “life, liberty and property,” rights of the accused, right to be secure in private home search with a warrant or with probably cause
English Bill of Rights- rights to petition the government; right to impartial and speedy jury trial; protection from excessive fine and bail, protection from cruel and unusual punishment

13. American Civil Rights The Constitution prohibits the passage of:
Bill of Attainder: a legal action that singles out an individual or group for punishing without trial
Ex Post Facto Laws: retroactive laws
Suspending the Right of Habeas Corpus (unless in times of invasion or rebellion): when under arrest, the right to be brought before a judge

14. US Bill of Rights The first 10 amendments
Protects citizens from tyranny by the Federal government

15. 1st Amendment- Freedom of Speech, religion, press and assembly
1st Amendment- Freedom of Speech, religion, press and assembly. Right to petition the government
2nd Amendment- Right to bear arms
4th Amendment- Right to be secure in person, houses, papers and effects against unreasonable searches and seizures, warrants are issued upon probable cause (Mapp v. Ohio~1961)

16. 5th Amendment- protections of Criminally Accused
right to a grand jury (serious crimes get grand jury trial indictment)
Right not to be a witness against one’s self
No double jeopardy (only if mistrial/hung jury) and different level (state federal) (Miranda v. Arizona~1966)

17. 6th Amendment- Rights of the criminally accused
speedy trial
Impartial jury
Informed of crime charged at arraignment
Assistance of counsel (lawyer)
(Gideon v. Wainright~1963)
8th Amendment- No excessive fines or cruel or unusual punishment; citizens have other rights not mentioned

18. ***14th Amendment***(not the Bill of Rights)
No state shall:
Deprive a citizen of life, liberty or property without due process of the law
Deny any person the equal protection of the law

19. In 1966 the Supreme court ruled that a person being interrogated by the police that is accused or suspected of a crime must be informed of their rights before being questioned. These are called the Miranda Warnings; they fall under the due process clause of the 5th amendment.

20. Unit 1 Terms
Presumption of innocence ~ in the United States all citizens are innocent until proven guilty.
Burden of proof is on the prosecution
Guilty beyond a reasonable doubt (criminal cases) %
Preponderance of evidence (civil cases) 51%
If you refuse to answer questions in court, you will be held in contempt of court ~ given a fine, throw you out, or put you in jail.