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Warm-Up

Warm-Up. List in order the 6 steps of the JUDICIAL PROCESS (remember we learned that catchy acronym). Let’s Review / Expand. Have your study guides OR notes out We will review a few things from this unit, as well as expand on others. Topics:. Laws Punishment Jurisdiction. Laws.

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Warm-Up

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  1. Warm-Up • List in order the 6 steps of the JUDICIAL PROCESS (remember we learned that catchy acronym)

  2. Let’s Review / Expand • Have your study guides OR notes out • We will review a few things from this unit, as well as expand on others

  3. Topics: • Laws • Punishment • Jurisdiction

  4. Laws • What is the purpose of a law? • What are some historical influences of our laws in the United States? • Hammurabi’s Code • English Common Law

  5. Types of Laws • 7 Types of Laws: • Common Law • Civil Law • Criminal Law • Statutory Law • Administrative Law • Constitutional Law • International Law

  6. Common Law • Description • Unwritten laws created based on prior court decisions (precedents) and tradition. • Examples • PrecedentsZenger trial established freedom of the press

  7. What is common law here a HUHS? • Unwritten laws that people follow.

  8. Civil Law • Description • Laws that deal with conflicts between individuals • Examples • Family Law, libel, slander, property

  9. Criminal Law • Description • Laws created by a governing authority which deal w/crimes against the social order. • Example • Penal Codes, Statutes, Ordinancesspeeding, arson, assault, robbery

  10. Note on Criminal Law • Criminal law is made up of 2 parts: • 1. The act itself • 2. The person’s mental state • IE: If you premeditate (plan) to murder someone your punishment is worse than if you can prove the person died by accident. • Manslaughter vs. homicide • This allows punishments to be flexible depending on the circumstances of the crime.

  11. Statutory Law • Description • Laws passed by a legislature (Acts) • Example • 1964 Civil Rights Act (outlawed segregation in America).

  12. Whose rights do you think were protected in the Americans with Disabilities Act? • Which type of law is this?

  13. Administrative Law • Description • A regulatory laws created by a government agency • Example • FDA standards, ‘bleeped’ words on the radio (FCC)

  14. Constitutional Law • Description • A Law created by the Constitution or Supreme Court decision • Example • No poll tax (24th Amendment), integrated schools (14th Amendment), Judicial Review (Marbury v. Madison)

  15. International Law • Description • laws created to regulate military agreements, trade, human rights & treaties with other nations. • Example • Geneva Convention Treaty outlaws the use of torture on POWs.

  16. Punishment

  17. Reasons for Punishment • What were the 5 reasons / justifications for punishment that we discussed? • Retribution (revenge) • Deterrence (prevention) • Rehabilitation (change for the better) • Restitution (payment) • Incapacitation (isolation)

  18. In the U.S. do all crimes get the same punishment?

  19. Types of Punishment • Depends of SEVERITY of the crime and other factors

  20. Possible FELONY punishments • Prison terms of substantial length • Loss of Privileges such as professional licenses, public offices, or public employment, voting, driver’s license • Capital Punishment-death penalty • Restitution- pay money to the victim or the judicial system

  21. Possible MISDEMEANOR punishments • Incarceration/Prison: lasting usually no longer than 12 months Sometimes even part time imprisonment, weekend stays, etc.. • Community Service • Fines • Probation: a suspended jail sentence for the convicted to be rehabilitated by the community

  22. Think about the kids!!!

  23. Juvenile Punishment • Focus on REHABILITATION • Always exceptions • Examples: • Juvenile Detention: prison for kids • Boot Camp programs instill discipline, education, and civic responsibility in youth offenders. • Probation • Community Service • House Arrest

  24. FYI • Once you turn 16 you are no longer a juvenile in the court system, unless the state makes an exception in your case. • Kids as young as 13 in NC can be tried as adults for serious felonies like 1st Degree murder. • Once you are tried as an adult, you will always be considered an adult in the NC court system. • If you are tried as an adult and sentenced you will be placed in an adult correctional facility. You will be with other youth offenders in that facility.

  25. What do you think? • Why do you think the juvenile system is easier on crimes than the adult system? • Do you think this makes sense?

  26. Other “Things” to Know • Mentally Ill: if convicted & found to be mentally ill the offender may be sentenced to a mental institution • 3 strike laws: mandate long-term incarceration for person convicted of 3 or more felonies. • Parole: the supervised release of a prisoner before his/her sentence is finished.

  27. Who decides what? Court Jurisdictions

  28. US Supreme Court US Court of Appeals (13 Appeals Courts) US Districts Courts (94 District Courts) US Bankruptcy Court US Court of International Trade Federal Court System • Supreme- hears cases with Constitutional questions, law suits btw states, US & Foreign gov’t. • Appellate- hears cases where legal errors were made in the original trial. • District- usually first court to hear a case and decides guilt.

  29. Appellate Courts When an appellate judge “remands” a case that means it being sent back down to the lower court. • EX: The Court of Appeals remanded the case it went back to the ________________ court.

  30. Federal Jurisdiction hear cases involving… • the US government • the Constitution (and amendments) • federal laws • Crimes crossing state lines or on the ocean • disputes between states • disputes between the US and a foreign government • Espionage (spying)

  31. State Jurisdiction hear… - most criminal cases - probate (involving wills and estates) - Most contract cases - tort cases (personal injuries), - family law (marriages, divorces, custody adoptions), etc

  32. You decide… • Divorce • Lawsuit between NC and SC • Case involving the 14th Amendment • Lawsuit over damages caused in a car accident • Espionage Case • Robbery • Crime committed on the Atlantic Ocean off the coast of Maine. • Drug trafficking across state lines • Adoption • Dispute over a contract • US sues Mexican government for allowing excessive amounts of pollution in the area around the US-Mexico border.

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