1. The Individual, the Law and the Internet
Unit 5

2. The Duties and Responsibilities of Citizenship
Responsibilities are thing we fulfill voluntarily
Duties what we are legally required to perform, if we fail to fulfill our duties we risk punishment (jail time, fines, etc.)
Duties
Obey laws- most important duty
Pay taxes- fund government activities
Defend the nation- register for the draft
Serve in court- Constitution guarantees right to trial by jury, must serve if called
Attend school- provides knowledge and skills to make wise decisions and become an informed citizen, express opinions and views

3. The Duties and Responsibilities of Citizenship
Civic Responsibility
Be informed- responsibility to know how government decisions affect your life, knowing your rights
Speak up and vote- government based on consent of the people, your voice is heard through voting to give your consent to the government
Respect others’ rights- respect to diversity, property of others; practice tolerance, American strength through history has been its diversity
Contribute to the common good- time and effort to improve your community
Services provided by the government- defense, education, police/fire protection, environmental protection

4. Legal Rights and Responsiblities
Chapter 15

5. Sources of Our Laws
Laws are set of rules that allow people to live peacefully in society
Provides boundaries, what is and is not permitted
Sets punishments to discourage criminals
Include administration of justice (courts), enforcement (police)
Set rules for resolving civil disputes (money, property, contracts, noncriminal matters)
Laws must apply to all equally

6. Sources of Our Laws
Laws existed in earliest human societies; help prevent or cope with conflict
First system of written laws was Hammurabi’ s Code (Mesopotamia)
Ten Commandments laws for Hebrews living in Palestine
Roman law (jurisprudence) issued by judges and emperors
Roman law became too complicated, was put in order by Emperor Justinian (Code of Justinian)
Laws of Roman Catholic Church (canon law)
French emperor Napoleon Bonaparte established the Napoleonic Code, updated Code of Justinian
Most countries live under interpretation of Napoleonic Code today (Louisiana only state in US under Napoleonic Code)

7. Sources of Our Laws Source of American law
English common law, based on court decisions rather than legal code
Judges decided cased based on previous decisions (precedent), opinions became part of common laws
Blended Roman law, canon law
Came to include trial by jury, presumed innocence
Became law for British colonies
Written laws, and acts of legislatures (statutes)
Traditions of English laws were brought by colonists to America

8. Types of Laws Criminal Laws
Seek to keep people from directly harming each other
American courts operate under adversary system of justice
Courtroom arena for attorneys from opposing sides to present cases
Judge impartial and fair to both sides
Criminal cases government is always plaintiff (brings charges against criminal), person that has charges brought against them is defendant
Felonies are serious crimes, serious consequences, misdemeanors are minor crimes

9. Types of Law Civil Law Disputes where no criminal law has been broken
Not viewed as threat to society
Cases called lawsuits (legal action where person, group sues to collect damages for harm)
Cases deal with contracts, harm from wrongful actions, copyright issues, family law
Torts person suffers injury and sues other person for negligence
Lawsuits attempt to recover damages or costs

10. Types of Law
Public Law
Constitutional law- deals with violations of Constitutional rights
Administrative law- rules and regulations of government agencies
International Law
Treaties, agreements among nations, trade regulations, violations of international law
Brought to World Court in the Hague, Netherlands
World Court does not have power to enforce laws, groups agree to follow decisions

11. The American Legal System
Most American law is written statutes, passed by Congress and state legislatures
U.S Constitution basic law of land
Courts base rulings on precedent and written laws
Article I of Constitution includes several basic rights:
Writ of habeas corpus- explain why person being held
Bill of Attainder- forbids punishing person without trial
Ex post facto law- prevents person from being punished for action committed when it was not against the law

12. The American Legal System
Constitution guarantees in the Bill of Rights; rights for those accused of a crime
Fourth Amendment and Fifth Amendment protect due process of law (depriving person of life liberty or property illegally)
Constitution defines only one crime –treason, can’t punish person for criticizing government
Fourth Amendment- protects against illegal search and seizure, government must have a search warrant
Fifth Amendment- people can’t incriminate themselves, can’t be tried twice for a crime (double jeopardy), if accused of serious federal crime have to be brought before a grand jury to see if there is enough evidence for a trial

14. The American Legal System
Sixth Amendment- right to fair and speedy trial, representation by an attorney, trial by jury, hear and question witnesses
Jury drawn from local population
Can call for a bench trial where only judge hears case
Some trials are plea bargained (agreement between prosecution and defendant), agree to a lesser charge and must be agreed upon by judge

15. The American Legal System
Eighth Amendment- outlaws cruel and unusual punishment, punishment must fit the crime
Sparked controversy over how to administer death penalty
1972 Furman vs. Georgia ruled death penalty unconstitutional, target poor and minorities; did not outlaw death penalty
States have revamped death penalty laws to comply with decision
Prohibits excessive bail (money paid to release person from jail)
For serious crime high bail set, minor crime judge will release person on own recognizance

16. Civil and Criminal Law
Chapter 16

17. Civil Cases Party bringing case- plaintiff
Claims to have suffered loss and seek damages (award of money)
Defendant- party being sued
Courts job is to resolve differences between two parties
Lawsuits of less than a few thousand dollars handled in small claims court
More money= more attorneys, juries and larger civil courts
Lawsuits involve property, contracts, family matters, negligence or personal injury

18. Civil Cases Suits in Equity
System of rules by which disputes are resolved on the grounds of fairness
Person seeks fair treatment where there is no existing law to help decide the matter
A judge hears these cases and may issue an injunction court order to stop a certain action

19. Civil Cases How To Sue Someone Bringing Suit
Lawyer files a complaint with the court
Court sends defendant a summons, orders him to appear
Defendant’s Response
Defendant’s attorney files response to admit to the charges or offer reasons why he is innocent
Complaint and the response called pleadings
Lawyers for both sides gather evidence, question witnesses (discovery)
Pretrial Discussions
Both parties clarify differences between the two sides, prepare for the trial
One side may believe case is weak and will quit; others go through mediation
Mediation neutral moderator between both sides as they try to talk out a solution
Two sides may also submit their dispute to an arbitrator who will listen to the facts and come to a binding conclusion
Most cases are settled out of court and never see trial

20. Civil Cases The Trial If there is no settlement case goes to trial
Sometimes a jury trial, often just a judge
Both sides present case to judge
Do not have to prove guilt, just a preponderance of evidence that defendant was negligent or responsible
If plaintiff wins judge sets remedy, if defendant wins plaintiff gets nothing, has to pay court costs
Case can be appealed to higher court
Large cash settlements often appealed to reduce award

21. Criminal Cases Crimes act that causes harm to society
Written in federal and state penal code
Penal code spells out punishment for crime, establishes classifications for crimes and penalties
If convicted of a crime usually face jail time
After serving jail time some prisoners eligible for parole, if granted they must report to parole officer for remainder of sentence
Critics of parole system- say it does not properly punish, in response many crimes have mandatory sentencing
Criticism of mandatory sentencing- harsher penalties that don’t fit the crime

22. Criminal Cases Types of Felonies
Crimes against people: murder, manslaughter, assault, kidnapping
Victimless crimes: gambling, drug use, etc. These crimes are hard to enforce because there is no victim to bring a complaint

23. Criminal Cases
At each step defendants are entitled to protection under Bill of Rights
Arrest
Police make arrests if they have witnessed a suspected crime, if a citizen has made a report of a crime, or if a judge has issued an arrest warrant
When making an arrest a police officer must read you your rights (Miranda Warning)
From Supreme Court case Miranda v. Arizona of 1966
After being arrested, suspect is taken to police station and booked, fingerprinted, photographed

24. Criminal Cases Hearing, Indictment, and Arraignment
After being booked, suspect appears in court; informed of charges
Prosecution needs to show probable cause that accused committed crime
Judge either sends accused back to jail, sets bail, or releases
Many courts use grand juries to indict (formally charge with a crime) person with a crime
Defendant appears in court for arraignment (formal presentation of charges) where he will enter a plea of guilty, not guilty, or no contest
Sometimes after reviewing the case a defendant’s attorney may accept a plea bargain

25. Criminal Cases
Trial
Defense and prosecution interview potential jurors, witnesses, study facts affecting the case before trial
During the trial both sides present their cases, call witnesses, and cross-examine the other side’s witnesses
After closing statements, the jury then goes off to deliberate
The Verdict and Sentencing
Jury reviews evidence and votes , to decide guilt
Requires “beyond a reasonable doubt”, if the jury has any doubt they vote not guilty
If acquitted of charges defendant is set free
When a jury cannot decide the judge declares a “hung jury” and rules the trial a mistrial
If found guilty, the judge decides on a sentence
Defendant can appeal verdict to higher court

26. Young People and the Courts
In most states anyone under the age of 18 is considered a juvenile
Juvenile delinquents treated differently than adults, older juveniles with criminal records can be tried as adults
Factors for juvenile delinquency: growing up in poverty, abuse or neglect, emotional or mental problems
Most crimes juveniles commit are misdemeanors

27. Young People and the Courts
Stages in the Juvenile Justice System
Primary goal of juvenile courts is to rehabilitate a behavior,
Court system works to do whatever is in the best interest of the young people
Two types of cases: neglect and delinquency
Neglect -juveniles who are neglected or abused by their caregivers
Delinquency - involve juveniles who commit crimes
Handles cases in which juveniles perform acts that are considered illegal for juveniles but not for adults (running away, skipping school, violating curfew)

28. Young People and the Courts
Diversion or Detention
After a juvenile is arrested, the parents or caregivers are notified
Most cases handled by special police officers, place them in special programs
Programs include counseling, job-training, and drug-treatment; forms of diversion
If judge feels that the juvenile is dangerous to themselves or others, juvenile placed in detention or confinement in a juvenile prison

29. Young People and the Courts
Juveniles that are held for trial have a preliminary hearing (to determine if there is probable cause to hold them)
Hearing is informal meeting with probation officer, police officer who made arrest, judge, lawyer
Trial witness called and cross examined, court closed to public
Judge decides if juvenile is delinquent
System tries to protect juveniles by keeping identity secret, not allowing public to see criminal records
Criminal records erased when offender turns 18
If found guilty court holds hearing for disposition which is like sentencing
Sentencing can be from a reformatory, treatment center, agreement to stay in school, can become wards of the court and placed in foster care
Main emphasis is rehabilitation, not punishment

30. Young People and the Courts
Supreme Court Rules
1967 In re Gault case established rules in juvenile criminal cases
Parents of guardians must be notified
Have right to attorney
Right to confront witnesses
Right not to be forced to incriminate themselves

31. Citizenship and the Internet
Chapter 17

32. Civic Participation
Internet increasing opportunities for people to participate in democracy
Helps people to stay informed
Allows us to gather information form news websites, research and educational institutes, special interest groups (some have bias, some don’t)
Government institutions have websites, makes it easier to be informed of policy decisions and to provide for more efficient government (car tags, marriage licenses, etc.)

33. Civic Participation Changes how we participate in election campaigns
Learn about candidates background, voting record and political activities
Candidate websites tend to be one sided (biased), support candidates and their ideas
Citizens set up independent websites to support a particular candidate or cause (called grassroots website)
Positives and Negatives- Provides inexpensive and convenient way for people to get involved, sites may contain misinformation, links to extremist groups that candidate does not support

34. Challenges to Democracy
Web can promote democracy and promote freedom of speech by allowing information and ideas to be exchanged freely
Hoped to undermine authoritarian regimes (where one person or a small group holds power)
Authoritarian governments have found ways to censor and limit information
Many of these regimes have shut down dissident groups websites (people who disagree with the established political system)

35. Challenges for Democracy
Digital divide- people not wired risk being shut out of information
Access determine by race and income level
Schools, libraries, businesses have begun to address problems of “digital divide”
B. Extremist Groups- internet host for hate groups and extremist political groups
Allows them to band together and spread propaganda, sends out misleading and manipulative information
Internet helps strengthen intolerant extremist movements and can weaken national unity

36. Challenges for Democracy
Threats to privacy
Law enforcement working to stop cybercrime
FBI looks for extremist words or phrases on websites
Concern about invasion of privacy by government, looking at what people do on the internet (4th Amendment issues)
Employers can watch employees online actions
Companies use internet information to target consumers, sell information to other companies

37. Regulating the Internet
Internet Speech
Children's Online Privacy Protection Act (1998) established privacy policies for collecting and using information from minors
Communications Decency Act (1996) makes it a crime to send or display indecent or obscene material over the internet to those under 18
This law was challenged in court, the American Civil Liberties Union (ACLU) claimed this violates the rights of adults
Supreme Court ruled that Internet should have protection of First Amendment and that parts of law were unconstitutional
Online school publications can be regulated though
Supreme Court ruled in U.S. v. American Library Association (2003) that putting filters on computers does not violate free speech

38. Regulating the Internet
Intellectual Property
American legal system regulates right of individuals to own private property, use it as they wish
Special rules apply to intellectual property(things people create like music, movies, books)
Only author has right to profit from these creations
Constitution protects intellectual property (Article1, Sec. 8)
Copyrights are the owners exclusive right to publish and sell original work
Computers and internet make it easy to copy and distribute intellectual property

39. Regulating the Internet
Napster began in 1998 as a music service, could download copyrighted songs for free
Creators of music wanted their cut, argued that copyright laws were violated
Courts shutdown Napster and forced them to charge for music downloads
1998 Congress passes Digital Millennium Copyright Act made it a crime to illegally download software and copyrighted material
Many claim this violates First Amendment

40. Regulating the Internet
E-Commerce
Billions spent online, keeps customers from paying sales tax, states and federal governments lose out on revenue
Movement to tax online sales, problem is collecting taxes that vary from state to state, one solution would be an online tax that was uniform across the country
Internet at school
Law requires that schools install filters that block student access to certain websites and monitor internet traffic
Policies will continue to evolve in this area as internet becomes even more integrated into education