Goal Six-Legal Issues

Bell Work: Goal Six Circle Map

6.01 Trace the development of law in American society.

Functions of Laws-  A major purpose of laws is to keep the peace and prevent violent acts  Laws set punishments that are meant to discourage political criminals from such acts as murder, assault or robbery  Laws also set the rules for resolving civil disputes, which are disagreements over non-criminal The History of Law

What were some of the earliest systems of law?

Code of Hammurabi  One of the earliest codes  Made almost 4,000 years ago by the Babylonian King, Hammurabi  Carved in stone tablets  Contained almost 300 laws

Ten Commandments  System of legal codes in Biblical times  Helped to guide behavior of citizens  No punishments for breaking the law was in code

Draconian Law  Written in 621 BC by a Greek citizen named Draco  Punishment for many crimes was death  The code was so severe that the word draconian has come to mean unreasonably harsh  Greece moved to a system of state punishment rather than private justice

Justinian Code  Created under the Roman emperor Justinian  Collection of Roman laws  Influenced the development of laws in Europe and the US

Triple Venn Diagram to compare and contrast early systems of law. 1) Code of Hammurabi, 2) Draconian Law, 3) Justinian Code

Bell Work: Why is it important to know the history of our laws?

How did America’s system of law develop?

Natural Rights  Coined by Locke in the early 1700s  Said that people are born with certain rights that no government can take away  Government exists to serve the people  If government abuses its power, it should not be obeyed

Separation of Powers  Coined by Montesquieu in the early 1700s  Said that government should be divided into three branches  What is the role of each branch?

Social Contract Theory  The idea that a contract exists between a government and its citizens  Government should protect people and their rights  If government breaks the contract, then the citizens have the right to leave the government  This theory was proposed by Rousseau in the early 1700s

How did our English background influence American law?

Common Law  Inherited from England  A tradition of new court decisions being guided by earlier court decisions  These laws are based on decisions of judges  Judges followed a precedent or guide created by other judges

Magna Carta  Means Great Charter  English people forced the king to sign in 1215  Listed rights that not even the English monarch would be able to take away  At first, the rights were given only to nobles  Was an important step in gaining basic rights for all English people  Eventually, all of the rights were given to all English people, including colonists

Development of a Legislature  After the Magna Carta, a representative government was soon established in England  By the late 1200s, a legislature called Parliament had been created  Gradually, Parliament became more powerful than the monarch

Creation of the English Bill of Rights  Created by Parliament in 1689  Further limited the monarch  Listed the rights of ALL English citizens, not just nobles  It proclaimed that EVERYONE had to follow English laws

How did law develop in colonial America?  Quickly after arriving, most colonies set up their own legislatures to make laws  Remember the House of Burgesses in Virginia and the Mayflower Compact in Plymouth?  What kind of democracy was each of these?

Declaration of Independence  Written July 4, 1776  Written because the social contract between England and her colonies had been broken  The natural rights of the colonists had not been protected  Colonists wrote the document and declared their independence from England

US Constitution  Explains how government would be structured in America  Written 1789  Lists the rights of people  Tells how laws can be made and what the government can and can not do  Local, state and federal laws must follow the Constitution

Early Law Assignment

Bell Work: Create a tree map to describe the characteristics of English/American Law: Magna Carta, English Bill of Rights, Declaration of Independence, US Constitution 6.02 Cite examples of common, criminal, civil, constitutional, administrative, and statutory law.

Is there a law that you think is wrong? Write a paragraph in which you explain your reasons for disagreeing with the law. Include logical, rational reasons why you think the law should be changed, and provide suggestions for alternatives.

What are the various kinds of law?

Type of Law Description Common Law Established by court precedents What happened in the past, will determine what will happen in the future Civil Law A group of laws that settle disagreements between people **Political Cartoon: Civil Justice** Criminal Law Refers to a group of laws that tell which acts are crimes, how accused persons should be tried in court, and how crimes should be punished Main purpose is to protect society Tort Law that creates, and provides remedies for, civil wrongs Constitutional Law that involves the Law constitution Administrative Administrative law is law Law that involves agencies of the US government Ex: NASA, EPA Statutory Law Refers to a law made by Congress Reflect the basic values of America International Laws that involve foreign Law countries or foreign diplomats

Create posters to represent each type of law. Students should have a description of the law, an example of something that would violate the law, and a picture to represent the law.

Bell Work: Create a Tree Map to classify and describe the different types of law.

US Law under the Constitution Section Law Article I, Section Writ of habeas corpus: 9 requires an official who has arrested someone to bring that person to court and explain why they are being arrested Article I No bill of attainder- Laws that punish a person without a trial or a fair hearing in court Article I No ex post facto law- Would allow a person to be punished for an action that was not against the law when it was committed Fourth Search and seizure- Police Amendment must have a search warrant- judges authorization-that describes where and what will be searched Fifth Amendment  Grand Jury Hearing  Be protected from double jeopardy  Can be brought before a grand jury, to decide if the government can bring them to trial  To refuse to answer questions that may be incriminating  Due process- Proper legal proceedings Sixth  To be informed of an Amendment accusation  To hear and question witnesses  To be able to subpoena witnesses  To be represented by an attorney  To have a speedy and public trial by an impartial jury  To be represented by a lawyer Eighth  No excessive bail Amendment  No cruel and unusual punishment Fourteenth  Due process Amendment  Equal protection Only Crime in  Treason the Constitution  Article III

Supreme Court Case Studies

Bell Work: Finish and Present Case Studies

Supreme Court Cases to Remember for Law

Case Outcome Escobedo v Illinois Right to counsel during police interrogations Gideon v. Right to an attorney, Wainwright even if you can not afford one In re Gault Juvenile Rights- Right to counsel, right to confront witnesses, right to not incriminate yourself Mapp v. Ohio Illegally seized evidence can’t be used at trial Miranda v. Arizona Miranda Warnings/Rights

Bell Work: How do people know what the laws in our society are?

6.04 Identify ways citizens can be informed about the laws. 6.05 Investigate the role and responsibility of government to inform the citizenry.

How do people know what laws are?

Town Meetings  Meeting for a political, administrative, or legislative purpose  A time when community members come together to legislate policy Public Hearings/Public Forums  Provide an opportunity for the public to make comments/ask questions about a proposed decision Media  Press Releases  Radio, Television, Newspapers Government Campaigns  Click it or Ticket  Move Over Laws Ignorance of the Law is No Excuse  You can’t use “I didn’t know as your defense” http://www.findlaw.com

6.03 Identify the various procedures in the enactment, implementation, and enforcement of law. 6.07 Compare responsibilities, jurisdictions, and methods of law enforcement agencies

Who fights crime?

Agency How do Local/State/National they uphold the law? Consumer Protection Agency Department of Motor Vehicles

Department of Corrections

Department of Justice

Regulatory Commissions

Independent Agencies

FBI

SBI

Secret Service National Guard

Magistrate

State Troopers

Sheriff

City Police

Bell Work: What do you think is the best method for combating crime?

6.08 Evaluate methods used by society to address criminal and anti-social behaviors.

What are the punishments for crimes? Punishment Description Prison/Detention/Long Sent here to serve time Term Incarcerations after conviction Probation Allowed to serve time outside of jail-You may have to complete community service or serve house arrest Three Strikes Laws Automatic punishment for persons who have been convicted of three or more crimes Monetary May take the form or Compensation retribution, restitution, or compensation Joe breaks into a jewelry store and steals $5000 worth of jewelry. In the process, he does $1000 worth of damage to the store's back door and the showcases he broke. Later, Joe is arrested. If Joe is forced to pay restitution, he must pay back his gains, $5000 (or just give back the jewelry). If he is forced to pay compensation, he must pay $6000, which is the store's total losses Parole May be released early for good behavior Mental Institutions Sent here if you are determined to be mentally unstable Death Penalty Given if the jury has decided this This takes a long time to carry out North Carolina Death Row

Juvenile Justice Debate/Essay 6.06 Analyze the role of lobby groups and special interest groups in the enactment of legislation.

Who “helps” shape our laws?  Interest Groups who lobby congress to get laws that are in their best interest passed  There are many different types ranging from farmers to professionals  They use propaganda techniques to get their laws passed

Vocabulary List Code of Hammurabi Administrative law Draconian Law Statutory law Justinian Code Town meetings Natural Rights Public forums Social Contract Theory Consumer protection Common Law agency Magna Carta Independent agencies Criminal law Regulatory commissions Civil law State trooper Tort Sheriff Constitutional law Magistrate International law Probation Treason Parole Three strikes laws