1. The United States Legal System
Sources of Laws

2. The history of Laws influencing the United States

3. Code of Hammurabi (1790 BC)- Issued by the King of Babylon (Iraq)
Code of Hammurabi (1790 BC)- Issued by the King of Babylon (Iraq). It was chiseled into stone. It was a very harsh system of law with severe penalties. The Code of Hammurabi was the first written set of laws.

4. Religious Influences- Many codes of law were developed from morals that were stressed in major religions. From the Greek gods to the Christian Bible and the Koran, which all dealt with moral rules for living and worship. Our laws today still have several elements that are found in the 10 Commandments. Most religious morals do not list a punishment for the crime. Even today, some schools still display the 10 Commandments.

5. Law of Draco (621BC)- Draco wrote a code of laws for the city of Athens in Greece. Until he wrote these laws there was a lot of unrest in Athens. His code of law was very strict with harsh punishments. Order was restored. Today we use the term Draconian to mean very harsh. Without law and order a society cannot survive. If it is necessary to keep control today, the government can declare martial law.

6. Justinian Code (533AD)- Over time the law in Rome had become very long and complex. The Roman emperor Justinian developed a more simplistic system of civil laws. Civil law in this case means a law that carries a set penalty, not like our civil law today. Louisiana still uses this type of civil penalty.

7. French Influence- Napoleon who was the emperor of France developed a code of laws. This code was called the Napoleonic Code. He essentially copied Justinian and called it his own. We took some of Napoleon’s ideas and incorporated them into our legal system.

8. English Influence- Most of the laws in the US originated from the English system of common law. Some of our constitution uses direst quotes from the English Magna Carta that was written in A common law system uses precedents (stare decisis), or a judges past decision to write laws. A standard is set and will influence similar cases (Roe v. Wade). An example is the crime of theft. This common law system is based on common sense in trying to make the punishment fit the crime.

9. Law In Our Society Today
Why we need laws
To settle disputes between people. In modern American Law these are known as civil cases. An example is a person being bit by a dog on your property.
To discourage wrongdoers—and to set standards that are accepted by the community.
To provide order, organization, and protection. An example is a copyright law.
To protect civil liberties. These involve our basic freedoms and equality found in the Bill of Rights. It also protects us against discrimination.

10. Characteristics of Good Laws
Laws should be fair, and applied equally to all
Laws should be reasonable. The punishment should fit the crime
Laws should be enforceable. Citizens must agree to follow. An example of a law that people did not follow was the 18th Amendment.
Laws should be understandable. They should be clear and not confusing

11. Civil Liberties found in the Constitution
Due Process- These are procedures that must be followed by the government. EX. Search warrants.
Habeas Corpus- If you are arrested, you must be charged within 48 hours or be released.
Bill of Attainder- You cannot be punished without a trial.
Ex Post Facto- No law written can be retroactive, or made after the fact.
Equal Protection Under The law- The 14th Amendment guarantees equality. There will be no discrimination on the basis of race, creed, gender, age, or religion

12. Rights of the Accused
The basic principle of the American legal system is that you are innocent until proven guilty.
You will face a Grand Jury. If there is enough evidence for a trail then you are formally Indicted, or charged with that crime.
You have the right against self-incrimination. This right is given to you by the 5th Amendment. You cannot testify against yourself.
You have the right to an attorney. This right was made possible for all people by the Supreme Court case of Gideon v. Wainwright. You also have the right to call witnesses. If you are called as a witness you will be served with a subpoena.

13. You have the right to a speedy trial
You have the right to a speedy trial. Your case must be heard in a timely fashion. In federal cases a case must begin within 100 days.
You have the right to a trial by a jury of your peers. A petit jury consists of 6-12 members. A change in venue may be granted if it is impossible for the defendant to receive a fair trail because of too much pre-trial publicity.
You have the right to double jeopardy. That means that you cannot be tried twice for the same crime. Exceptions are cases on appeal, and mistrials or a hung jury.
You have the right to appeal the verdict (decision) of the jury.

14. Punishment and Fines
Bail- is the sum of money that allows the accused to stay out of jail until the end of the trial. A judge sets the bail at the arraignment.
No Cruel or Unusual Punishments- this is guaranteed by the 8th Amendment. No whippings, or any type of torture is allowed.
Capital Punishment- this is the death penalty. It is legal for states to have the death penalty if they follow the guidelines set forth by the Supreme Court.

15. Legal Duties of all US Citizens
To serve on a jury if called. Locally a summons will be issued by the Sheriff’s Department ordering you to appear on a certain time and date at the County Courthouse. This will usually last about one week. Most jobs will pay you for jury duty.
To testify in court as a witness
To appear in court as a witness

16. Vocabulary Jurisprudence- study of law
Stare Decisis- Let the decision of the court stand
Plaintiff- The person who brings a law suit
Defendant- A person being sued
Libel- Publishing written lies
Slander- Telling verbal lies

17. Types of Law
Constitutional Law- Laws that are listed in the Constitution. These cases also deal with conflicts in the Constitution.
Administrative Law- Involves government rules and regulations.
Criminal Law- Involves people who break legal statutes.
Civil Law- Involves disputes between two people. Usually over something that involves money

18. STEPS IN A CRIMINAL CASE
Investigation and arrest
4th amendment rights- Right to privacy, probable cause, warrant, exclusionary rule
Miranda rights
Booking
Preliminary hearing in Court
Charged (Habeas Corpus) within 48 hours
Bail is set
Grand Jury
Indictment or no bill

19. Arraignment
Plea is entered (guilty, not guilty, no contest)
Plea Bargain, why?
Trial- Innocent until proven guilty beyond a reasonable doubt
Discovery- Plea bargain
Jury selection- Voir Dire
Opening statements- both attorneys
Testimony (direct and cross examination)
Closing Statements- both attorneys
Jury deliberation
Verdict- Jury ( Guilty, or acquitted, that means not guilty)
Sentencing- Judge has mandatory sentencing.

20. Appeal
There was a problem with the trial. The Constitutional rights of the defendant were violated. The defendant can appeal to an appeals court.

22. Other related terms:
Bill of attainder
Juvenile
Ex post facto
delinquent
Stare decisis
rehabilitation
Exclusionary rule/ plain view exception- Mapp case
Victimless crime
Due process- 5th and 14th amendments
What is the difference between probation and parole?

23. Juvenile Law A juvenile is a person under the age of 18.
You can be tried as an adult over the age of 16.
A juvenile delinquent is a minor that commits a crime.
There is a separate court system that deals only with juveniles.
The main goal of juvenile courts is to rehabilitate the youthful offender.
The case of In Re Gault gave minors the same rights as adults after an arrest.

24. Civil Law This type of case involves a suit between 2 people.
This type of case is usually over money.
The 7th Amendment guarantees you the right to a jury trial in civil cases.
The first step is to file a complaint.
Then you go to court, just like a criminal case except you only need to prove negligence beyond a preponderance of the evidence, not beyond a reasonable doubt.

25. Steps in a Civil Case