Sources of Law

1. Sources of Law Unit 6.1

2. Early Law • Hammurabi’s Code- first written code, societal behavior • 10 Commandments- basic moral rules • Draconian Laws- Greek harsh punishments for every crime • Roman Law- create peace and equality b/w classes • Justinian’s Code -established principle of innocent until proven guilty as established by juries • Napoleon updated Justinian’s code

3. Development of Modern Law • Magna Carta- limited kings power, trial by jury, due process • English Common Law- law developed based on common sense/logic/practice, and precedent • English Bill of Rights- protected individuals’ rights

4. American Law • Based mostly on English tradition and Christian values • Mayflower Compact- earliest example of American law • Iroquois Nation- united tribes with a “written” constitution • Other sources: US Constitution, Bill of Rights and Amendments, States, Supreme Court precedent

5. Types of Laws Unit 6.2

6. Categories of Laws • Constitutional Law- highest form, based on Constitution and judicial interpretation • Statutory Law- statutes/laws passed by legislatures of all levels • Administrative Law- rules, orders, regulations passed by executive officers of all levels • Common Law- based on judicial precedent • Criminal Law - adversarial system of state lawyers vs accused lawyers, impartial judge and jury • Civil Law- between private parties worked out b/w lawyers or in court

7. Criminal Law • seeks to prevent people from deliberately or recklessly harming one another or another’s property • Adversarial system • Gov’t is the plaintiff: party that brings charges Defendant: party accused of crime • felony- serious crime • misdemeanor- lesser offense

8. federal crimes- bank robbery, terrorism, kidnapping, counterfeiting, tax evasion, organized crime • FBI has jurisdiction • state crimes- murder, assault, burglary, theft, property crimes: larceny, robbery & burglary • State level: NC State Bureau of Investigation • County level enforcement: Sheriff • Local level (city): Police

9. Civil Law • tort law- plaintiff claims a civil wrong • family law-marriage, divorce, child custody

10. American Legal System Unit 6.3

11. Civil Lawsuits • Plaintiff (party bringing lawsuit) attorney files complaint or claim to have suffered a loss or injury • tort- civil wrong (ex: ice on sidewalk, negligence) seek damages from the defendant • Defendant (party sued) attorney responds • Argue cases in court • Usually argued w/o jury • may offer a settlement, money both agree on, that defendant pays to plaintiff to drop the case

12. Criminal Cases • Arrest • Must get warrant from judge, grand jury decides whether to indict- formally charge of a crime • Suspect informed of their crimes, read rights • Always the state or federal gov’t that charges someone of a crime

13. Criminal Trial • gov’t is the prosecution- party who starts proceedings • defendant, person accused of crime • defendant appears in court for a arraignment- formally presented of crime and enters plea • plea bargaining- plead guilty to lesser crime

14. jury trial or bench trial- defendants have right to a jury, but can chose to tried before a judge alone • Summons- requests someone to testify in court • subpoena- requires someone to testify in court • call witnesses to give testimony who are cross-examined by other side • Procedure: opening statements, witnesses, cross-examination, closing statement, verdict, sentencing

15. Verdict and Sentencing • Innocent until proven guilty “beyond reasonable doubt” • Verdict- judgment of jury of peers • if jury cannot decide on a verdict, judge can declare a hung jury- rules it a mistrial • If prosecution has not proven case, they can decide on acquittal- vote of not guilty • sentencing- judge decides in all cases except death penalty- jury decides in capital cases • Can appeal to higher courts, death penalty automatically appeal to NC Supreme Court

16. Presumption of innocence; due process and equal protection of law; search warrant Miranda rights: self incrimination; counsel present during questioning No excessive bail Habeas corpus; no bills of attainder; ex post facto laws Indictment by grand jury Informed of charges Presumption of innocence Right to counsel Speedy & public trial Impartial jury; cross examine witnesses; call witnesses; self-incrimination; right to counsel Prosecution shares information; defense goes last; complete records No cruel/unusual punishment; separate jury for death sentence Unanimous decision; reasonable doubt No double jeopardy Motion for appeal

17. Addressing Criminal Behavior • Justifying Punishment • Theory of retribution- criminal deserves punishment because of the crime they commit • Deterrence- both criminals and others see consequences of crime and punishment • Rehabilitation- minds and characters of criminals should be reeducated to reenter society • Juveniles- under 18 • punishment designed to rehabilitate • with murder, tried as an adult

18. Types of Punishment (Sentencing) • Incarceration- locked up in jail/prison • three-strikes laws- mandate long-term incarceration if convicted of felony 3 times • structured sentencing- formal sentencing based on severity of crime and prior record • if guilty person is mentally ill, sentenced to mental institution • mandatory sentencing –judge must impose whatever sentence the law directs

19. Detention- state holds (detains) people either to punish or investigate • Probation- suspends jail sentence for a fixed time • Suspension- a privilege is taken away for a period of time • House Arrest- confinement to home • Monetary compensation- payment of money for return (restitution) of property • Confiscation of property- take away criminal’s property • Capital punishment- death penalty, for murder or treason