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March 26, 1979 Israel-Egypt Peace Agreement Signed 1.What was the first law code ever written called? A)The Code of the Judges B)The Code of Hammurabi.

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Presentation on theme: "March 26, 1979 Israel-Egypt Peace Agreement Signed 1.What was the first law code ever written called? A)The Code of the Judges B)The Code of Hammurabi."— Presentation transcript:

1 March 26, 1979 Israel-Egypt Peace Agreement Signed 1.What was the first law code ever written called? A)The Code of the Judges B)The Code of Hammurabi C)The Ten Commandments D)The Twelve Tablets 2. What was the first Roman Law Code called? A)The Code of the Judges B)The Napoleonic Code C)The Twelve Tablets D)The Justinian Code 1.What was the first law code ever written called? A)The Code of the Judges B)The Code of Hammurabi C)The Ten Commandments D)The Twelve Tablets 2. What was the first Roman Law Code called? A)The Code of the Judges B)The Napoleonic Code C)The Twelve Tablets D)The Justinian Code 3. What law code was based on the Justinian Code? A)The Napoleonic Code B)The U.S. Constitution C)The Twelve Tablets D)Shariah Law 4. What was so important about the Napoleonic Code? A) Was based on the U.S. Constitution B) Made France the most powerful country C) It was made by a man about the same height as Mr. Farly D) Gave a unified system of law to most of Europe

2 Civil Law Chapter 16.1 Civil Cases No crime has taken place but there is a dispute b/w two people Civil Cases No crime has taken place but there is a dispute b/w two people

3 Types of Civil Cases In civil cases The plaintiff claims to have lost something The plaintiff is seeking damages Plaintiff always brings cases in civil courts In civil cases The plaintiff claims to have lost something The plaintiff is seeking damages Plaintiff always brings cases in civil courts

4 Civil Court Plaintiff: party that brings compliant Defendant: party being sued for damages The courts job: provide a place to resolve the difference b/w plaintiff and defendant. Plaintiff: party that brings compliant Defendant: party being sued for damages The courts job: provide a place to resolve the difference b/w plaintiff and defendant.

5 Two Levels of Court Small claims court: Few 1000 dollars or less Act as your own lawyer in these courts Larger civil courts: Lawsuits w/ more $ involved Lawyers and judges Small claims court: Few 1000 dollars or less Act as your own lawyer in these courts Larger civil courts: Lawsuits w/ more $ involved Lawyers and judges

6 The American Judicial System hears many kinds of civil cases Property disputes Breach of contract Family matters Cases of negligence Personal injury cases Suits of equity - (injunction) Tort cases Property disputes Breach of contract Family matters Cases of negligence Personal injury cases Suits of equity - (injunction) Tort cases

7 W hat are the Steps to a Civil Case? 1.Plaintiff decides to sue (Person being sued is the Defendant). 2.The plaintiff hires an attorney (lawyer). The attorney then files a complaint (a formal statement that names the parties and describes the nature of the lawsuit). 1.Plaintiff decides to sue (Person being sued is the Defendant). 2.The plaintiff hires an attorney (lawyer). The attorney then files a complaint (a formal statement that names the parties and describes the nature of the lawsuit).

8 The Steps Continued 3. Court summons the defendant ordering him/her to appear on a certain date. 4. A pretrial conference is called by the judge. The two sides clarify or list their disagreements. 5. Case goes to trial! 3. Court summons the defendant ordering him/her to appear on a certain date. 4. A pretrial conference is called by the judge. The two sides clarify or list their disagreements. 5. Case goes to trial! Suit may be dropped or settled out of court! Two parties could resolve the case through mediation or arbitration!

9 Case Proceedings Case is heard by a jury of six to twelve people or a judge. Plaintiff presents their side first and then the defendant presents. Plaintiff must prove their case with “a preponderance of evidence” or “burden of proof.” (enough evidence to persuade the judge or jury that the defendant is responsible for the damages.) Case is heard by a jury of six to twelve people or a judge. Plaintiff presents their side first and then the defendant presents. Plaintiff must prove their case with “a preponderance of evidence” or “burden of proof.” (enough evidence to persuade the judge or jury that the defendant is responsible for the damages.)

10 The Verdict! Judge or jury decides the verdict or decision in favor of either the plaintiff or the defendant If the plaintiff wins a remedy is set! Judge or jury decides the verdict or decision in favor of either the plaintiff or the defendant If the plaintiff wins a remedy is set! If the defendant wins the plaintiff receives nothing and must pay court costs! Plaintiff may appeal to a higher court if dissatisfied with the verdict!

11 Appeals You can appeal a civil case. To a higher court You can appeal a civil case. To a higher court

12 Types of Conflict Resolution! 1. Mediation – conflict resolution in which a third party guides the arguing parties to a solution. 2. Arbitration – conflict resolution in which a third party makes the decision for the arguing parties based on evidence given in a formal setting. 3. Negotiation – form of conflict resolution in which one party may or may not use a third to bargain for terms that benefit one or both parties. 4. Compromise – form of conflict resolution where the two parties give up certain demands in order to accomplish a mutual goal. 5. Collaboration – conflict resolution process that requires different groups to bring expertise in various areas for a mutual goal. 6. Debate – in which two parties take sides of an issue and argue using evidence in order to persuade their opponents. 7. Consensus – this is when a general agreement is made by all parties after careful consideration of the opinions of all members in the group.

13 CRIME AND CRIMINAL COURT MUST BREAK THE LAW TO END UP HERE

14 TYPES OF CRIMES: CRIMES AGAINST PERSONS: MURDER, RAPE, ASSALT, KIDNAPPING CRIMES AGAINST PROPERTY: LARCENY, BURGLARY, VANDALISM, FRAUD & ARSON VICTIMLESS CRIMES DRUGS USE, PROSTITUTION, UNAUTHORIZED CRIME CRIMES AGAINST PERSONS: MURDER, RAPE, ASSALT, KIDNAPPING CRIMES AGAINST PROPERTY: LARCENY, BURGLARY, VANDALISM, FRAUD & ARSON VICTIMLESS CRIMES DRUGS USE, PROSTITUTION, UNAUTHORIZED CRIME

15 DEGREES OF SERIOUSNESS 1ST DEGREE MURDER 2ND DEGREE MURDER MANSLAUGHTER 1ST DEGREE MURDER 2ND DEGREE MURDER MANSLAUGHTER 1ST DEGREE RAPE 2ND DEGREE RAPE 3RD DEGREE RAPE STATUTORY RAPE

16 Criminal Cases Crimes are defined in each state’s written criminal laws, called the penal code. The penal code also spells out the punishment for each classification of crimes. Two main groups of crime: Misdemeanor & Felony Crimes are defined in each state’s written criminal laws, called the penal code. The penal code also spells out the punishment for each classification of crimes. Two main groups of crime: Misdemeanor & Felony

17 Crimes can then be divided into: a. crimes against property (larceny, vandalism, fraud) b. crimes against people (murder, assault, rape ) c. victimless crimes ( use of illegal drugs, prostitution) Punishment for convicted criminals can range from fines to death. Crimes can then be divided into: a. crimes against property (larceny, vandalism, fraud) b. crimes against people (murder, assault, rape ) c. victimless crimes ( use of illegal drugs, prostitution) Punishment for convicted criminals can range from fines to death.

18 Criminal Case Procedure 1. Arrest: rights read, booked & charged with crime, attorney contacted 2. Preliminary Hearing: Charges read before judge, either jail, bail, or released 3. Indictment: A grand jury or a judge hears evidence & formally charges the suspect with the crime 1. Arrest: rights read, booked & charged with crime, attorney contacted 2. Preliminary Hearing: Charges read before judge, either jail, bail, or released 3. Indictment: A grand jury or a judge hears evidence & formally charges the suspect with the crime

19 Criminal Case Procedure 4. Arraignment: Defendant pleads not guilty & trail date set 5. Defendant pleads guilty & accepts a plea bargain 6. Trial: Prosecution and defense present cases to jury or judge. Jury or judge reach a verdict 4. Arraignment: Defendant pleads not guilty & trail date set 5. Defendant pleads guilty & accepts a plea bargain 6. Trial: Prosecution and defense present cases to jury or judge. Jury or judge reach a verdict

20 Criminal Case Procedure 7. Acquittal: Defendant found not guilty & goes free Or Sentencing: Defendant found guilty. Judge sentences defendant 7. Acquittal: Defendant found not guilty & goes free Or Sentencing: Defendant found guilty. Judge sentences defendant

21 PUNISHMENT FOR CRIMES PUNISHMENTS INCLUDE: FINES IMPRISONMENT PROBATION HOUSE ARREST COMMUNITY SERVICE PUNISHMENTS INCLUDE: FINES IMPRISONMENT PROBATION HOUSE ARREST COMMUNITY SERVICE

22 FOUR FUNCTIONS FOR CRIMINAL PUNISHMENT PROVIDES PUNISHMENT IN WHICH A CRIMINAL IS MADE TO PAY FOR AN OFFENSE KEEPS DANGEROUS PEOPLE OFF THE STREETS KEEPS OTHERS FROM COMMITTING THE SAME CRIME PLAY A ROLE IN PREPARING LAWBREAKERS TO REENTER SOCIETY (REHABILITATION) PROVIDES PUNISHMENT IN WHICH A CRIMINAL IS MADE TO PAY FOR AN OFFENSE KEEPS DANGEROUS PEOPLE OFF THE STREETS KEEPS OTHERS FROM COMMITTING THE SAME CRIME PLAY A ROLE IN PREPARING LAWBREAKERS TO REENTER SOCIETY (REHABILITATION)

23 SENTENCING ・ A determinate sentence is the same as a fixed sentence: It is for a fixed period of time. ・ An indeterminate sentence, rather than stating a fixed period of time for imprisonment, instead declares that the period shall be "not more than" or "not less than" a certain prescribed duration of time. The authority to render indeterminate sentences is usually granted by statute in several states. ・ A determinate sentence is the same as a fixed sentence: It is for a fixed period of time. ・ An indeterminate sentence, rather than stating a fixed period of time for imprisonment, instead declares that the period shall be "not more than" or "not less than" a certain prescribed duration of time. The authority to render indeterminate sentences is usually granted by statute in several states.

24 SENTENCING ・ A life sentence represents the disposition of a serious criminal case, in which the convicted person spends the remainder of his or her life in prison. ・ A mandatory sentence is created by state statute and represents the rendering of a punishment for which a judge has/had no room for discretion. Generally it means that the sentence may not be suspended and that no probation may be imposed, leaving the judge with no alternative but the "mandated" sentence. ・ A life sentence represents the disposition of a serious criminal case, in which the convicted person spends the remainder of his or her life in prison. ・ A mandatory sentence is created by state statute and represents the rendering of a punishment for which a judge has/had no room for discretion. Generally it means that the sentence may not be suspended and that no probation may be imposed, leaving the judge with no alternative but the "mandated" sentence.

25 CONSTITUTION AND CRIMINAL LAW 8TH AMENDMENT: JUDGE DECIDES BAIL CAPITAL PUNISHMENT CASES FURMAN V GEORGIA GREGG V GEORGIA 8TH AMENDMENT: JUDGE DECIDES BAIL CAPITAL PUNISHMENT CASES FURMAN V GEORGIA GREGG V GEORGIA

26 WHAT HAPPENS IN A CRIMINAL CASE? ARREST: HEARING/INDICTMENT TRIAL VERDICT SENTENCING PHASE ARREST: HEARING/INDICTMENT TRIAL VERDICT SENTENCING PHASE

27 Read following to students: You are on the parole board in your state. There has been a great rise in the crime rate, and as a result, a large number of criminals have been convicted and sentenced to long terms. The prison is already overcrowded, and you must make selections on whom to parole to make room for the most recent list of criminals. You are to pick eight of the following: A rehabilitated sex offender convicted for crimes against children An arsonist convicted for setting four fires to public buildings now “cured” after serving eight months of a three-year sentence A banker convicted of embezzling 50 million dollars from a bank. An ex-college student and heroin addict serving time for pushing hard drugs to juveniles. Civil rights lawyer convicted for contempt of court A Vietnam serviceman convicted of desertion in the face of the enemy. A powerful former politician convicted of selling highly classified information to foreign governments. A “Godfather” convicted for tax evasion A newspaper reporter convicted of refusing to identify his news sources in a delicate case involving three members of the President’s Cabinet A medical student drop-out convicted of several counts of abortion Female liberationist prostitute who strongly believes in freedom of choice in occupation Read following to students: You are on the parole board in your state. There has been a great rise in the crime rate, and as a result, a large number of criminals have been convicted and sentenced to long terms. The prison is already overcrowded, and you must make selections on whom to parole to make room for the most recent list of criminals. You are to pick eight of the following: A rehabilitated sex offender convicted for crimes against children An arsonist convicted for setting four fires to public buildings now “cured” after serving eight months of a three-year sentence A banker convicted of embezzling 50 million dollars from a bank. An ex-college student and heroin addict serving time for pushing hard drugs to juveniles. Civil rights lawyer convicted for contempt of court A Vietnam serviceman convicted of desertion in the face of the enemy. A powerful former politician convicted of selling highly classified information to foreign governments. A “Godfather” convicted for tax evasion A newspaper reporter convicted of refusing to identify his news sources in a delicate case involving three members of the President’s Cabinet A medical student drop-out convicted of several counts of abortion Female liberationist prostitute who strongly believes in freedom of choice in occupation

28 CHAPTER 16.3: JUVENILE JUSTICE JUVENILE: JUVENILE DELIQUENT: DEFINED BY EACH STATE JUVENILE: JUVENILE DELIQUENT: DEFINED BY EACH STATE

29 Juvenile’s Juvenile is someone considered underage (16-18 years old) Goal of Juvenile Court System is to rehabilitate Juvenile is someone considered underage (16-18 years old) Goal of Juvenile Court System is to rehabilitate

30 HISTORY BEFORE 1800S JUVENILES WERE TREATED LIKE ADULTS TRIED AS AN ADULT SENTENCED AS AN ADULT IN PRISON WITH ADULTS BEFORE 1800S JUVENILES WERE TREATED LIKE ADULTS TRIED AS AN ADULT SENTENCED AS AN ADULT IN PRISON WITH ADULTS

31 HISTORY SET UP THE PRESENT DAY JUVNILE SYSTEM IN THE 1800S SOME CHANGES HAVE OCCURRED OVER THE YEARS SET UP THE PRESENT DAY JUVNILE SYSTEM IN THE 1800S SOME CHANGES HAVE OCCURRED OVER THE YEARS

32 CAUSES FOR DELIQUENCY ***NOT ABSOLUTE*** POVERTY ABUSE NEGLECT EMOTIONAL SUFFERING MENTAL PROBLEMS LIVING IN SLUM AREAS LIVING IN DRUG INFESTED AREAS ***NOT ABSOLUTE*** POVERTY ABUSE NEGLECT EMOTIONAL SUFFERING MENTAL PROBLEMS LIVING IN SLUM AREAS LIVING IN DRUG INFESTED AREAS

33 STAGES IN JUVENILE JUSTICE SYSTEM HANDLE BY JUVENILE JUSTICE SYSTEM PRIMARY GOAL OF THIS SYSTEM IS TO REHABILITATE THE CHILD HOW AND WHEN DO JUVENILE CASES BEGIN? WHEN POLICE ARREST (3/4 OF CASES) PETITIONS TO COURT FROM OTHERS HANDLE BY JUVENILE JUSTICE SYSTEM PRIMARY GOAL OF THIS SYSTEM IS TO REHABILITATE THE CHILD HOW AND WHEN DO JUVENILE CASES BEGIN? WHEN POLICE ARREST (3/4 OF CASES) PETITIONS TO COURT FROM OTHERS

34 PROCEDURES IN JUVENILE COURT ARRESTED OR PETITIONED NOTIFY PARENTS SENT HOME OR KEPT IN DETENTION CENTER TRIAL ARRESTED OR PETITIONED NOTIFY PARENTS SENT HOME OR KEPT IN DETENTION CENTER TRIAL

35 Juvenile Court Juvenile Court handles 2 types of cases: neglect & delinquency. Neglect cases involve juveniles who are neglected or abused by their caregivers. The court can remove the juvenile from that home & place them in foster homes Delinquency Cases deal with youths who have broken the law Juvenile Court handles 2 types of cases: neglect & delinquency. Neglect cases involve juveniles who are neglected or abused by their caregivers. The court can remove the juvenile from that home & place them in foster homes Delinquency Cases deal with youths who have broken the law

36 Juvenile Delinquency Cases Juvenile Arrest: caregiver notified, released to parents or sent to juvenile detention center, & court date set Juvenile Court: private courtroom, no jury trial, attorneys may be used. More like a hearing than a trial. Juvenile Punishments: lecture, reformatory school, foster care, institutional placement, probation, community service Juvenile Arrest: caregiver notified, released to parents or sent to juvenile detention center, & court date set Juvenile Court: private courtroom, no jury trial, attorneys may be used. More like a hearing than a trial. Juvenile Punishments: lecture, reformatory school, foster care, institutional placement, probation, community service

37 Juvenile Protections Identity is secret & private Usually receive lighter punishments Juvenile records are sealed at age 18 Identity is secret & private Usually receive lighter punishments Juvenile records are sealed at age 18

38 PROTECTION TO JUVENILES WHO IS AT THE TRIAL? WHAT IS DONE TO PROTECT THE JUVENILE? A. B. C. WHO IS AT THE TRIAL? WHAT IS DONE TO PROTECT THE JUVENILE? A. B. C.

39 DIFFERENCE BETWEEN JUVENILE AND ADULT COURT SYSTEM PROTECTION OF IDENTITY JUDGE HEARS CASE NO JURY DISPOSITION OF CASE CLEAR RECORD AT 18 YRS OF AGE PROTECTION OF IDENTITY JUDGE HEARS CASE NO JURY DISPOSITION OF CASE CLEAR RECORD AT 18 YRS OF AGE


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