1. Complete the Guided Reading / Structured Notes as you view the Power Point.

2.  Essential Standards:  CE.C&G.2.1: Analyze the structures of national, stale, and local governments in terms of ways they are organized to maintain order, security, welfare of the public, and the protection of citizens  CE.C&G.2.4: Compare the Constitutions and the structures of the United States and North Carolina governments  CE.C&G.2.6: Evaluate the authority federal, State, and local governments have over individuals’ rights and privileges  CE.C&G.2.7: Analyze contemporary issues and governmental responses at the local, state, and national levels in terms of how they promote the public interest and/or general welfare  CE.C&G.3.3: Analyze laws and policies in terms of their intended purposes, who has authority to make them and how they are enforced

3.  Essential Standards:  CE.C&G.3.4: Explain how individual rights are protected by varieties of law (e.g. Bill of Rights, Supreme Court decisions, Constitutional law, criminal law, civil law, tort, administrative law, statutory law, and international law, etc)  CE.C&G.3.5: Compare jurisdictions and methods of law enforcement applied at each level of government, the consequences of noncompliance to laws at each level, and how each reflects equal protection under the law  CE.C&G.3.7: Summarize the importance of the right to due process of law for individuals accused of crimes  CE.C&G.3.8: Evaluate the rights of individuals in terms of how well those rights have been upheld by democratic government in the United States  CE.C&G.4.4: Analyze the obligations of citizens by determining when their personal desires, interests and involvement are subordinate to the good of the nation or state  CE.C&G.5.2: Analyze state and federal courts by outlining their jurisdictions and the adversarial nature of the judicial process  CE.C&G.5.3: Analyze national, state, and local government agencies in terms of how they balance interests and resolve conflicts

4.  Legal Rights and Responsibilities  Section 1: The Sources of Our Laws  Functions of Law ◦ Laws are sets of rules that allow people to live peacefully in society ◦ Everyone is expected to know which actions are permitted and which are not ◦ Purpose of laws- keep the peace and prevent violent actions ◦ Laws set punishments that are set to discourage potential criminals from such acts as murder, assault or robbery ◦ Laws also set the rules for solving civil disputes ◦ Civil disputes- disagreements over money, property, contracts, and other non-criminal matters

5.  Poll  Why do we have laws?

7. ◦ Laws must be fair and must treat all people equally, reasonable and have punishments that fit the crime ◦ When the writers of the Constitution created our government, they based the nation’s system of laws on ideas, traditions, customs, and laws passed down from generation to generation

8.  History of Law  Code of Hammurabi- 1760 B.C.  First written system of laws  Written by King Hammurabi of Babylonia ◦ Ten Commandments- Early set of laws found in the Hebrew Bible  Ten Commandments includes moral rules about how people should behave toward one another ◦ Ideals of the Commandments are reflected in our laws today  “thou shalt not steal”  Thou shalt not kill” ◦ Draconian Laws- (621 B.C.)- First written code of law in Ancient Greece- very harsh and included the death penalty for minor offences

9.  Poll  Why is it important to have laws written down?

11.  Roman Law ◦ Jurisprudence- study of law ◦ As Roman Empire grew their laws spread to Europe and Asia ◦ Year 533 Emperor Justinian I, ruled the Byzantine Empire (aka Eastern Roman Empire) ◦ Justinian I combined Roman laws to create a body of rules called the Justinian Code ◦ Justinian Code became basic law of Byzantine Empire ◦ Roman laws also became part of the laws of the Roman Catholic Church known as canon law ◦ 1800’s French emperor Napoleon Bonaparte updated the Justinian Code and called it the Napoleonic Code ◦ Much of the world now lives under some form of Roman law as interpreted by the Napoleonic Code

12.  English Law ◦ The most important source of American law is English law ◦ Common Law- English system of law based on court decisions rather than on a legal code ◦ When judges decided a case they looked in books for a similar case and followed the earlier ruling (precedent) when making court decisions

13.  Poll  Why is English law the most important source of American law?

15.  Section 2: Types of Laws   Civil and Criminal Law ◦ Examples of criminal Laws- fraud, drunk driving, robbery, selling drugs, assault, etc. ◦ Civil Laws concerns disputes between people, groups of people, or people and the government ◦ Public Law concerns alleged violations of Constitutional rights and disputes involving of government agencies ◦ International Law is the law of relations between countries ◦ Two types of laws affect Americans directly  Criminal law  Civil law ◦ Criminal and civil laws help maintain a peaceful and orderly society

16.  Criminal Law  Criminal laws are laws that seek to prevent people from deliberately or recklessly harming each other or each other’s property  Courts operate on an adversary system (2 sides oppose each other)  The courtroom serves as an arena in which lawyers for opposing sides try to present their cases  The judge has an impartial role and should be fair to both sides

17.  Poll  Why do we want our judges to be impartial?

19.  In criminal cases the government is always the plaintiff  Plaintiff- the party that brings the charges against the alleged criminal  The government is the plaintiff because in the American system of justice assumes that society (everyone) is the victim when a crime is committed  Defendant- The individual or group being sued  Most criminal cases are listed in terms of the state against the defendant: State of North Carolina v. Shelley Godwin

20.  Poll  Why is the government always the plaintiff in a criminal case?

22.  Murder, rape, kidnapping, robbery and other serious crimes are felonies because they have serious consequences  Misdemeanors are offenses such as vandalism, stealing inexpensive items, writing bad checks for low amounts of money, etc.  Typically misdemeanors are punished with a fine or a jail sentence of less than one year

23.  Crimes against property occur when property has been damaged or stolen- arson, vandalism  Larceny- The unlawful taking of property  Robbery- Taking property by using force or threats  Burglary- Unlawful entry into any dwelling or structure with the intention to commit a crime

24.  Civil Law  Civil cases involve disputes between people or groups of people (individuals, organizations or governments) in which no criminal laws have been broken  Civil disputes are not seen as a threat to the social order so the state will not take legal action  When a civil case goes to court it is called a lawsuit  Lawsuit- legal action in which a person or group sues to collect damages for some harm that is done  Plaintiff- person filing the lawsuit  Defendant- person being sued

25.  Poll  How is Civil Law different from Criminal Law?

27.  Torts- civil wrongs  In tort law a person may suffer an injury and claim that another party is responsible because of negligence (type of civil law)  Examples of tort law- slip on ice at the mall, neighbor’s dog bites you, roommate doesn’t pay you money owed  Family law-deals with family issues and problems (type of civil law)  Examples of family law- divorce, child custody, adoption, alimony, child support and spouse and child abuse

28.  Poll  What type of court would you go to if you passed a stopped school bus? ◦ Criminal ◦ Civil

30.  Other Types of Law ◦ Public Law aka Constitutional Law ◦ Constitutional Law- involves rights guaranteed under the Constitution or spelled out in congressional legislation ◦ Administrative Law- form of Public law- includes all the rules and regulations that government agencies of the executive branch must issue to carry out their jobs

31. ◦ Statutory law- form of Public Law ◦ Statutes- are laws written by a legislative branch of government ◦ statutes regulate our behavior  Speed limits  Food inspections  Minimum age to work  Right to get a Social Security check  Right to enter a veteran’s hospital  Right to get driver’s license  Right to return merchandise you bought at a store

32.  International Law- includes treaties, customs and agreements among nations

33.  Section 3: The American Legal System  Protections in the U. S. Constitution ◦ U.S. Constitution is the basic law of the land ◦ Courts base their rulings on written laws and precedents set by earlier cases ◦ The process of using precedents to guide decisions in ruling on cases is called stare decisis – “let the decision stand”

34.  Poll  What do courts use to base their rulings?

36. ◦ Important basic right- writ of habeas corpus ◦ A writ is a written legal order ◦ The writ of habeas corpus requires an official who has arrested someone to bring that person to court and explain why he or she is being held ◦ Habeas corpus prevents people from being held in jail unlawfully

37.  Poll  What is the purpose of the protection of habeas corpus?

39. ◦ Article I also forbids congress from making bills of attainder, and ex post facto laws ◦ Bill of attainder- a law that punishes a person accused of a crime without a trial or a fair hearing in court ◦ Ex post facto law- law that would allow a person to be punished for an action that was not against the law when it was committed ◦ The Constitution’s first 10 amendments “The Bill of Rights” guarantee the freedoms of individuals

40.  Poll  Why is Congress forbidden from making Bills of Attainder?

42.  Poll  Can you be punished for an act that was legal when you did it, even if it is illegal today?

44. ◦ After the Civil War Congress adopted the Fourteenth Amendment which extended the Bill of Rights to African Americans ◦ The Fifth and Fourteenth Amendments guarantee “due process of law” ◦ Due process of law means the government may not take our lives, liberty, or property unless they follow the proper procedures ◦ The equal protection of law clause in the Fourteenth Amendment requires governments to treat all people equally ◦ The Fourteenth Amendment forbids unequal treatment based on such factors as gender, race, or religion

45.  Poll  Why are the 13 th, 14 th, and 15 th Amendments called the Civil war Amendments?

47. ◦ The Constitution defines only one crime- the crime of treason ◦ Article III says people can be convicted of treason only if they wage war against the United States, join its enemies, or give aid and comfort to the enemy

48.  Poll  How has the Equal Protection clause of the 14 th amendment been used to protect the rights of citizens?

50.  Fourth Amendment ◦ Fourth Amendment protects citizens against “unreasonable searches and seizures” ◦ Search warrant- judge’s authorization to search ◦ Judges only issue a search warrant if the police show probable cause ◦ 1961 Supreme Court case Mapp V. Ohio, the Supreme Court adopted the exclusionary rule ◦ Exclusionary Rule- if the police gain evidence in a way that violates your rights, that evidence may not be used in a trial

51.  Poll  How does the Exclusionary Rule protect the rights of citizens?

53.  Fifth Amendment: ◦ The Fifth Amendment has 5 parts  Grand Jury, no double jeopardy, eminent domain, due process, remain silent ◦ 1966 Miranda v. Arizona Supreme Court ruled that police must inform suspects that they have the right to “remain silent” and the right to an attorney (6 th amendment) ◦ You may not use the 5 th to protect another person- only yourself

54.  Poll  Can you use your 5 th Amendment right to remain silent to protect your brother or sister?

56. ◦ Double jeopardy- a person who is tried for a crime and found not guilty may not be placed in jeopardy (put at risk of a criminal penalty) a second time by being retried for the same crime

57.  Poll  Why are citizens granted the protection against Double Jeopardy?

59. ◦ Fifth Amendment says people accused of serious crimes must be brought before a grand jury to decide whether the government has enough evidence to bring them to trial ◦ A grand jury is a group of 12 – 23 citizens that hears evidence presented by a prosecutor ◦ The grand jury decides if there is enough evidence to indicate that the accused has committed a crime ◦ If the grand jury finds enough evidence to go to trial it hands down an indictment against the accused person that names the suspect and states the charges against him or her

60.  Poll  Does a grand jury indictment mean you are guilty of a crime?

62.  Sixth Amendment ◦ Sixth Amendment has 5 parts  Informed of charges, question accuser, speedy and public trial with impartial jury, trial held where crime took place, have lawyer and call witnesses for your defense ◦ 1963 Gideon v. Wainwright the Supreme Court interpreted the amendment to mean that if a defendant cannot afford a lawyer the state must provide one

63. ◦ Impartial jury- the jury members must be people who do not know anyone involved in the case and have not made up their minds about the case ◦ All defendants charged with a crime have the right to a jury trial- the defendant may choose to appear before a judge without a jury- called a bench trial ◦ Plea Bargain- a negotiation between the defense attorney and the prosecutor, who is the government’s attorney ◦ In a plea bargain the prosecutor offers the defendant a chance to plead guilty to a lesser charge in exchange for receiving a lesser penalty- a judge must agree to the plea bargain

64.  Eighth Amendment ◦ Outlaws “cruel and unusual punishment” ◦ Punishment may not be out of proportion with the crime- death for shoplifting ◦ 1972 Furman v. Georgia Supreme Court ruled that the death penalty was not constitutional, BUT found that the death penalty was being imposed in unfair ways on African Americans and poor people ◦ Furman v. Georgia did not outlaw the death penalty ◦ Eighth Amendment prohibits “excessive bail” ◦ Bail- the sum of money an arrested person pays to the court to win release from jail while awaiting trial- purpose to guarantee the person will voluntarily return for the trial

65.  Poll  How did the Supreme Court define cruel and unusual punishment?

67.  Our Legal Responsibilities ◦ Americans have legal responsibilities to help our legal system work and ensure our legal rights are protected  Serving on a jury  Testifying in court if called upon to do so  Obey laws  Cooperate with law enforcement officials

68.  Civil and Criminal Law  Section 1: Civil Cases  Civil Lawsuits ◦ Plaintiff- party bringing the lawsuit ◦ Defendant- party being sued ◦ In civil cases the plaintiff claims to have suffered a loss or neglect and usually seeks damages from the defendant ◦ Damages- an award of money from the defendant paid to the plaintiff

69. ◦ Examples of civil lawsuits  Property disputes  Breach of contract  Family matters- divorce, adoption, custody  Negligence  Personal injury

70.  Poll  What type of court would you go to if you didn’t pay your child support?

72.  Section 2: Criminal Cases  What is a Criminal Case ◦ Criminal cases happen when the government charges someone with a crime ◦ Prosecution- the party who starts the legal proceedings against another party for a violation of the law ◦ The government is always the prosecution in a criminal case ◦ Defendant- the person accused of the crime ◦ Crime- an act that breaks a federal or state criminal law and causes harm to people or society in general ◦ Penal Code- (think of penalty) each state’s written criminal laws and listed punishments ◦ The more serious the crime the harsher the punishment will be

73.  Types of Crimes ◦ Misdemeanors- minor law violations  Misdemeanors are usually punished by one year or less in jail ◦ Felonies- serious law violations  Felonies are usually punished by more than one year in prison ◦ Felonies may cause you to lose your rights  Voting  Own a weapon  Serve on a jury

74.  Poll  Name two rights you can lose if you are found guilty of committing a felony?

76. ◦ Examples of Felonies  Manslaughterassault  Rapekidnapping  Burglaryrobbery vandalism ◦ Victimless crimes- crimes where there is no victim to bring a complaint against the offender  gambling

77.  Criminal Case Procedures  Arrest ◦ Criminal cases begin when police and other law enforcement officers arrest a person on suspicion of having committed a crime ◦ When an arrest is made an officer will read the suspect his or her rights ◦ 1966 Miranda v. Arizona- police must inform anyone they arrest of four rights

78.  Poll  What do you g-g-get when you are arrested?

80. ◦ Suspects are taken to the local polices station and booked (charged with a crime) where they are fingerprinted and photographed ◦ During booking the suspect is allowed to call a lawyer (if the suspect cannot afford a lawyer one will be provided for him)

81.  Hearing, Indictment, and Arraignment ◦ A few hours after being booked the accused appears in court and is informed of the charges against him or her ◦ At this time the prosecution must show probable cause for believing the accused committed the crime with which he/she is charged ◦ Probable Cause- good reason to suspect a crime was committed ◦ The judge then either sends the accuse back to jail, sets bail or releases him/her on his/her own recognizance ( released without having to pay bail and agrees to appear in court)

82.  Poll  Do school officials need probable cause to search you on campus?

84. ◦ Grand Jury decides whether a person should be indicted (formally charged with a crime) ◦ The accused then appears in court for an arraignment where he/she is formally charged and asked to enter a plea ◦ If the defendant pleads not guilty the case continues; if he/she pleads guilty he/she is convicted of the crime and the judge will determine punishment ◦ A plea of no contest means the accused does not admit guilt but will not fight the prosecution’s case ◦ A plea bargain is an agreement in which the accused person agrees to plead guilty of a lesser crime to avoid a long trial and ensure the person will be punished for committing a crime

85.  Trial ◦ The defense interviews witnesses, studies the laws affecting the case and gathers as much information as possible before trial ◦ The defense may give up their right to a jury trial and have their case heard by a judge- called a bench trial ◦ If the defense asks for a jury trial the first step is to choose jurors ◦ Voir Dire- The process that happens before the trial when attorney from both sides ask potential jurors questions ◦ The lawyers from each side then make opening statements to outline the case they will present

86. ◦ The prosecution and defense present their sides calling witnesses to support their case ◦ Testimony- answers witnesses give under oath ◦ Cross-examination is designed to make the witnesses’ testimony seem unreliable or false ◦ In the end each side makes a closing statement reviewing the testimony and evidence that support their case and question the opposing side’s testimony and evidence ◦ The judge then instructs the jury and explains the law related to the case

87.  The Verdict, Sentencing and Appeal ◦ The last part of the trial begins when the jury goes off to think and discuss the case to reach a verdict ◦ Verdict- a jury’s decision ◦ Jury Deliberations are secret and have no time limit ◦ Jurors vote on whether the defendant is guilty or not guilty ◦ To find a person is guilty the jury must find that the evidence is convincing “beyond a reasonable doubt” ◦ If a jury believes the prosecution has not proven its case it can decide on acquittal ( a vote of not guilty) and the defendant is immediately released

88.  Poll  What does it mean when a jury acquits a defendant?

90. ◦ If a jury cannot agree on a verdict the judge may declare a “hung jury” and rule the trial a mistrial ◦ With a mistrial the prosecution must decide whether to drop the charges or ask for a retrial ◦ If the defendant is found guilty the judge sets a court date for sentencing ◦ In some cases the jury recommends a sentences but more often the judge decides on the sentence after considering the defendant’s family situation, previous criminal record, EMPLOYMENT STATUS, and other information

91. ◦ Sentences may include fines or a set number of hours spent doing community service work ◦ If the defendant is found guilty the defense may appeal the verdict to a higher court ◦ If the case was a capital case (one involving the death penalty) the appeal could go directly to the state supreme court ◦ Usually appeals are only heard if a defendant’s rights are violated during the arrest or trial ◦ If the jury votes not guilty the Fifth Amendment prohibits against double jeopardy barring the prosecution from appealing the verdict

92.  Section 3: Young People and the Courts  Causes of Juvenile Delinquency ◦ A juvenile is someone who is not yet legally an adult ◦ Juvenile Delinquents- young people who commit crimes ◦ Our system treats juvenile delinquents a little differently than adults ◦ Children from all backgrounds can become juvenile delinquents

93.  The Juvenile Justice System ◦ The primary goal of the juvenile justice system is to rehabilitate (correct) the person’s behavior rather than punish that person ◦ Juvenile court cases begin when police arrest young people ◦ Children can be put into the juvenile justice without having committed a crime  Example- repeatedly running away, skipping school ◦ The guiding principle of the juvenile court is to do whatever is in the best interest of the young people

94.  Poll  What is the purpose of the Juvenile Court system?

96.  Neglect and Delinquency  Juvenile courts handle neglect (from caregivers) and delinquency (committing crimes)  Juveniles can perform acts that are illegal for juveniles but not for adults  Running away from home  Skipping school  Violating curfew

97.  Poll  Give an example of how juveniles and adults are treated differently in the court system?

99.  The Juvenile Trial System ◦ For juveniles who continue to be held the next step is a preliminary hearing to determine whether there is probable cause to believe the young person committed the crime as charged ◦ At the court appearance the juvenile meets with their caregiver, their lawyer, the arresting police officer and the judge ◦ Only parties involved may attend the hearing- not open to public

100. ◦ Both sides are allowed to call and cross-examine witnesses ◦ Juveniles do not have the right to a jury trial ◦ In most cases the judge decides whether a juvenile is delinquent or non-delinquent ◦ The juvenile system keeps the identity of juveniles secret by not allowing the public to view their criminal records ◦ In some cases criminal records can be erased when the juvenile becomes an adult