Chapter 15:
Section 2 & Section 3
Criminal Law
• Aimed at preventing harm to people and
property.
• In the courts, there is an ‘adversary system’:
– Each lawyer presents the strongest case for its
side.
– The judge is supposed to be impartial
• In criminal cases, government is always the
plaintiff:
– the party that brings charges against the
accused.
Criminal Law
• The accused is called the defendant
• Two ‘grades’ or levels of crimes:
– Felonies: crimes with serious consequences for
the victim; includes rape, murder, arson, etc.
– Misdemeanors: typically less serious; includes
vandalism and theft of inexpensive items.
• Punishable by fines or jail terms of less than a year
• Crimes against property are the most
common (illegally taking it or destroying it).
Criminal Law
• Three types of stealing:
– Larceny: the unlawful taking away of another
person’s property with no intent to return it.
– Robbery: the taking of a person’s property by
force or threats (often with a weapon).
– Burglary: Unlawful entry into a ‘dwelling’ or
‘structure’ with the intent to commit a crime.
Civil Law
• Concerns disputes between people or
groups when no laws have been broken.
• When a civil case goes to court, it’s called a
lawsuit.
• People must take the initiative to file a
lawsuit.
• Often times, lawsuits are about contracts
(written, spoken, or implied).
Civil Law
• Tort Law:
– Tort: a civil wrong
– For example, a person is injured and claims that
another party is responsible.
• Family Law:
– Regulated by state law
– Involves divorce, child custody, abuse, etc.
Other Types of Laws
• Constitutional Law:
– Law that deals with the formation, construction,
and interpretation of constitutions.
– Cases about constitutional law helps decides the
limits of gov’t power and the rights of the
individual.
• Administrative Law:
– Refers to the rules and regulations the executive
branch must make to carry out its job.
Other Types of Laws
• Statutory Law:
– Involves statutes, or laws written by any
legislative branch of the gov’t
– Statutes may include speed limits, food
inspection rules, and even the right to return
merchandise to a store.
Legal Rights in the Constitution
• Stare Decisis:
– The process of using rulings in earlier cases to
build decisions about similar cases in the future.
– Latin for “let the decision stand.”
• Writ of Habeas Corpus:
– A writ is a written legal order
– Requires officials to bring people to court and
explain why they are being held.
Legal Rights in the Constitution
• No bills of attainder:
– These are laws that punish the accused without
a trial or a fair hearing.
• No ex post facto laws:
– A law that punishes a person for something that
was not illegal when it was committed.
• Due Process of Law:
– Gov’t may not take lives, liberty, or property
without the ‘proper exercise of the law’.
– Guaranteed by the 5th and 14th amendments.
Rights of the Accused
• 4th Amendment:
– protects against unreasonable searches and
seizures
– Requires a search warrant (judges authorization)
• 5th Amendment:
– protects against self-incrimination and double
jeopardy
• 6th Amendment:
– Right to be defended by a lawyer
– Right to a speedy, fair trial by an impartial jury.
Rights of the Accused
• Plea bargaining – a negotiation between the
defense attorney and the prosecutor (gov’t’s
attorney)
– Because of this, most trials do not come to court
• 8th Amendment:
– Protects against:
• Cruel and unusual punishments
• Excessive bails and fines
– Bail: a sum of money an arrested person pays to a court to win
release from jail while awaiting trial