Law In America RG Review

Review Questions What is the “rule of law”? What two things does constitutional law focus on? What is the goal of “equal justice under the law”? In America, a person is presumed innocent… What is social contract theory?

Equal Right Presumption of Innocence Fundamental right indirectly tied to 5th, 6th, and 14th amendments (due process, right of accusation) Designed to protect everyone under the law in an equal manner Person must be found guilty without doubt Criticisms: Sexual harassment cases – defendant is often considered guilty by jury Cases involving different races – jury may favor one side based on ethnic background: To Kill a Mockingbird Out of court issues – drug-testing for employment – if person is guilty, then employment is often denied, critics argue lack of due process and infringement on privacy

Types of Law Civil Law Law that is codified and accepted United States Code – compilation of general and permanent federal laws Criminal Law Law that relates to social conduct and the endangerment of health, safety, or moral welfare of people Mensrea – “guilty mind”, mental state is a major part of criminal law Common Law Law that is developed by the decisions of judges Decision becomes law = precedent and supremacy

Review Questions What is a contract? What are the three parts of a contract? What is a tort? What are the two categories of torts?

Contracts In addition, contracts generally show Agreed upon terms Consequences if terms are not carried out Not allowed to violate a higher law Example of a Contract http://www.baseballprospectus.com/compensation/cots/ Click on “New York Yankees” and look at the player contracts What benefits do you see? What restrictions do you see? Why can’t a team void a contract? Players Union

Torts Intentional Battery Assault Intentional infliction of emotional distress Trespass – land or chattel Conversion Exercise dominion and control Defamation Negligence Duty of reasonable care Duty owed to invitee Duty owed to licensee Duty to rescue Breach

Types of Crime Petty Offense Less than six months of jail, $5,000 or less fine Examples: Petty theft/larceny, underage drinking, traffic offenses, disturbing the peace, trespassing on land Misdemeanor 6 months to 1 year in jail, fine greater than $5,000 Examples: Prostitution, public intoxication, simple assault, vandalism, drug-related crimes of certain drugs or amounts Felony Serious crime of 1 year or more in jail time Results in loss of rights Examples: Murder, rape, aggravated assault/battery, manslaughter, arson, tax evasion, fraud, drug distribution, grand larceny, kidnapping, treason, perjury

Review Questions How can a law enforcement official arrest someone without a warrant? What is bail? Why are some states moving away from a grand jury system? What is a plea bargain? What are the four pleas a person can answer with? What happens in a hung jury? Who typically decides the sentence?

Probable Cause A reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a belief that certain facts are probably true A judgment call on the part of the enforcement officer Source of tension with possible violator and cops Example: Jay Z – “99 Problems” What is he being accused of by the cop? Is there probable cause? What are the outcomes?

99 Problems The year is '94 and in my trunk is rawIn my rear view mirror is the (bleep) lawI got two choices y’all pull over the car orbounce on the double put the pedal to the floorNow I ain't trying to see no highway chase with jakePlus I got a few dollars I can fight the caseSo I...pull over to the side of the roadAnd I heard "Son do you know why I'm stopping you for?"Cause I'm young and I'm black and my hats real lowDo I look like a mind reader sir, I don't knowAm I under arrest or should I guess some mo?"Well you was doing fifty five in a fifty four""License and registration and step out of the car""Are you carrying a weapon on you I know a lot of you are"I ain't stepping out of (bleep) all my papers legit"Do you mind if I look round the car a little bit?"Well my glove compartment is locked so is the trunk and the backAnd I know my rights so you goinneed a warrant for that"Aren't you sharp as a tack are some type of lawyer or something?""Or somebody important or something?"Nah I ain't passed the bar but I know a little bitEnough that you won't illegally search my stuff (I swear that’s what he says)"We’ll see how smart you are when the K-9's come"I got 99 problems but a copain'tone

Bail and Pleas Bail Money a person leaves with the court until their trial Judge sets the fee Person does NOT get their money back Pleas 4 basic pleas Mental competency must be shown in order for plea to be valid If mental competency can be questioned, then a person can be sent for rehabilitation and the punishment will be altered

Determining Punishment Judge, not jury decides One exception is if capital punishment is considered, then a judge may ask for the jury to vote on it Factors of consideration First-time vsRepeat offender Was crime under duress or personal stress? Was anyone else hurt? Cruelty of crime Remorse of offender Prescribed law Judge can reduce sentence but must be careful when doing so to not abuse the intent of the punishment

Wrap Up Law is… Complex – many different types and punishments Subjective – probable cause, determining punishment Open and Known – anyone can find and study the laws Fair and Equal – presumed innocence Protects you and guides you

Law In America RG Review