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“The Legal System”. Types of Laws. There are two (2) types of law that affect Americans directly today that help maintain a peaceful and orderly society: “Criminal” Law “Civil” Law. “Criminal” Law.
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Types of Laws • There are two (2) types of law that affect Americans directly today that help maintain a peaceful and orderly society: • “Criminal” Law • “Civil” Law
“Criminal” Law • “Criminal” laws are laws that seek to prevent people from deliberately or recklessly harming each other or each other’s property.
Our Court System • American courts operate on an “adversary” system of justice, meaning the courtroom serves as an “arena” in which lawyers for opposing sides try to present their strongest case.
“Criminal” Law • In criminal cases, the government is always the “plaintiff”, or the party that brings the charges against the alleged criminal. • The individual or group being sued is the “defendant”.
“Criminal” Law • There are two (2) types of crimes: • “Felonies” • “Misdemeanors”
Felony Crimes • “Felony” crimes are the most serious crimes with the most serious consequences (murder, rape, kidnapping, robbery, arson, etc.)
Misdemeanor Crimes • “Misdemeanor” crimes are less serious and often do not have very serious consequences, generally the punishment is less than one year in jail. (vandalism, theft, traffic violations, trespassing etc.)
Criminal Process • Once an arrest has been made by law enforcement, the suspect will be informed of his/her rights. • This is a result of the 1966 Supreme Court case “Miranda v. Arizona”…
Criminal Process • Suspects then appear before the court in a “hearing” to hear the charges against them and listen to the judge’s decision on the next step.
Criminal Process • At an “arraignment”, suspects formally hear the charges and are asked to enter a “plea”. • They will enter “guilty”, “not guilty”, or “no contest”…
Criminal Process • During their criminal trial, each side will call witnesses to testify (or give answers under oath) in the case. • These witnesses will also be “cross examined” by the other side.
Criminal Process • Defendants are either found “guilty”, are “acquitted” (found “not guilty”), or the judge can declare a “hung jury” (a “mistrial” is declared by the judge)
Criminal Penalties • Criminal penalties are designed to: • Provide punishment so the criminal pays for the crime against a victim or society
Criminal Penalties • Criminal penalties are designed to: • Remove prisoners so they are not a threat to society
Criminal Penalties • Criminal penalties are designed to: • Deter criminals from committing repeated crimes
Criminal Penalties • Criminal penalties are designed to: • “Rehabilitate” criminals so they can reenter society and become productive members
“Civil” Law • “Civil” laws are for disputes between people or groups of people in which no criminal laws have been broken. • Since there is no threat to society, the state does not take action.
“Civil” Law • When a civil case goes to court, it is called a “lawsuit”, which is a legal action in which a person or group sues to collect “damages” (an award of money) for some harm that is done.
“Civil” Law • As in a criminal case, a “plaintiff” is the individual or group that files the lawsuit. • Also, the “defendant” is the individual or group that is being sued.
“Civil” Law • A case begins when a “complaint” is filed (a formal statement naming those involved and describing the nature of the lawsuit) • Once filed, a “summons” (a document ordering a defendant to appear) is sent by the court.
“Civil” Law • A defendant may respond to the suit in a “pleading” (complaint and answer together). • “Discovery” is the name of the process in which lawyers for the plaintiff and defendant check facts and gather evidence for the case
“Civil” Law • In an “equity” lawsuit, issues are resolved by a judge based on the grounds of fairness. • Judges often issue an “injunction” (or a court order commanding a person or group to stop a certain action)
Legal Protections in the U.S. Constitution • Rulings in court cases are decided by written laws and precedents of earlier cases. • “Stare decisis” means “let the decision stand”, or the practice of using earlier judicial rulings as a basis for deciding cases.
Legal Protections in the U.S. Constitution • “Writ of habeas corpus” is a court order that requires police to bring a prisoner to court to explain why they are holding the person
Legal Protections in the U.S. Constitution • “Bills of attainder” are laws that punish a person accused of a crime without a trial or a fair hearing in court. • “Ex post facto laws” are laws that allow a person to be punished for an action that was not against the law when it was committed.. • “Due process” is the legal procedures established when dealing with the accused.
Amendment Protection • Several of the amendments of the Constitution help protect the rights of the “accused”: • Fourth • Fifth • Sixth • Eighth
“Fourth Amendment” • This amendment protects citizens from “unreasonable searches and seizures” • Law enforcement must obtain a “search warrant” (signed by a judge) specifying the exact place to be searched and what objects may be seized.
“Fifth Amendment” • This amendment protects the rights of the accused: • No self incrimination • Right of due process • No “double jeopardy” (accused of the same crime more than once) • Right to a “grand jury” (where a group of citizens determine if there is enough evidence to continue)
“Sixth Amendment” • This amendment protects the rights of the accused by granting counsel (or a lawyer) • If the accused can not afford one, the state must provide one.
“Eighth Amendment” • This amendment protects the rights of the accused by forbidding “cruel and unusual punishments” or “excessive bail” • “Bail” is a sum of money paid to court to win release while waiting for their trial.
Capital Punishment • Capital punishment, punishment by death, has been questioned as violating our 8th amendment protection of no “cruel and unusual punishments”. • The Supreme Court has reviewed this topic several times, and as a result the ability of courts to issue capital punishment has been restricted. • However, the death penalty itself does not violate the constitution. 31 states currently use the death penalty. 6 people have been issued this penalty so far in 2017.
Young People & the Courts • Citizens under a certain age are considered “juveniles” (18 in most states, 16 in NY and NC) • Those who commit crimes against society are considered to be “juvenile delinquents” (not old enough for adult courts)
Young People & the Courts • Most crimes committed by juveniles are “misdemeanors” (less serious) • However, juveniles do commit “felonies” (more serious).
Young People & the Courts • The primary goal of the juvenile court is to “rehabilitate” the juvenile (or correct the behavior) rather than to punish. • These courts basically handle “neglect” and “delinquency” cases
Young People & the Courts • Many police departments have officers who try and “divert” (or steer away from the court system) these juveniles.
Young People & the Courts • While court trials for juveniles are similar to adults, they do NOT have the right to a jury trial. • The judge makes the decision. • All states have transfer laws that allow or require young offenders to be prosecuted as adults for more serious offenses, regardless of their age.
Young People & the Courts • The rights of juveniles were established in the 1967 “In re Gault” Supreme Court case (right to counsel, remain silent, confront witnesses etc.)
Young People & the Courts • Unlike adult trials, the identity of juveniles is kept secret and the criminal records of these juveniles can be erased when they reach adulthood.
