-
Purposes of Law
Course
Court Systems
and Practices
Unit V
Concept/
Purposes of Law
Essential
Question
What are the
purposes of the
law?
TEKS
§130.296(c)
(1)(D)
Prior Student
Learning
History of the
American Legal
System
Estimated Time
1 to 3 hours
Rationale
Understanding the concept of law and the role it plays in society is helpful to
all citizens. This comprehension is especially beneficial to persons seeking
careers in law and public safety.
Objectives
The student will be able to:
1. Define terms associated with the lesson
2. Explain the purposes of the law
3. Discuss the nature of the rule of law
4. Explain the limits placed on laws
5. Examine societal influences on law
Engage
Do an Internet search for dad charged with murdering reluctant bride. Use
the article and video that you find along with the following questions
in a guided discussion about honor killings to discuss when laws collide:
Article:
 What happened? A father killed his daughter during a heated
argument about the daughter’s reluctance to continue an arranged
Pakistani marriage.
 Where did this take place? Atlanta, Georgia, United States
 What is an “honor killing?” The slaying, by family members, of a
woman or girl thought to be bringing them shame—they are usually
kept quiet, making it difficult to determine how frequently they occur.
Video:
 Do you think the father should have received leniency in using the
“defense” that it was an “honor killing?” (Answers may vary—point
out that this case was tried under U.S. & the State of Georgia law.)
 What “laws” of the father permit such an action? (Culture/religion)
Use the Discussion Rubric for assessment.
Key Points
I. Key Terms
A. Law – a body of rules of conduct that is prescribed by a legitimate
authority, usually in the form of a statute, which mandates certain
forms of behaviors
B. Rule of Law – the principle that standards of behavior are
established by laws and not by dictators or religious leaders; no
person is above the law
C. Mala in se – acts that are crimes because they are inherently evil
D. Mala prohibita – acts that are prohibited because they are defined
as crimes by law, not because the act is harmful or inherently evil
E. Legality – laws defining crimes and penalties must be made public
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F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
before being enforced
Ex post facto – “not after the fact”; persons cannot be punished for
actions committed before the law prohibiting the behavior was
passed
Void for Vagueness – the definitions of laws must be clear and
reasonable, specifying prohibited behaviors; otherwise, those laws
are illegal; a law must say what it means and mean what it says
Void for Overbreadth – laws are illegal if they are stated so broadly
as to prohibit legal activities as well as the illegal behavior
Due Process – the government must treat people equally and fairly
before the law
Right to Privacy – laws cannot violate the reasonable personal
privacy of citizens
Cruel and Unusual Punishment – punishment that violates the
principle of proportionality and is considered too harsh for the crime
committed – prohibited by the Eighth Amendment
Crime – any act that the government has declared to be an offense
against the public good, declared by statute to be a crime, and
which is prosecutable in a criminal proceeding
Criminal Law – the body of law that deals with conduct so harmful to
society as a whole that it is prohibited by statute, prosecutable, and
punishable by the government
Nulla poena sine lege – “no punishment without law”; no person can
be punished for his or her actions, or failure to act, unless that
behavior has been clearly made a crime by law
Jurisprudence – the philosophy of law; the science and study of the
law
Social Control – efforts by society to regulate the behavior of its
members
Social Change – the process by which ideas and practices are
modified, either actively or passively through natural forces or
deliberate social actions
II. Purpose of Laws
A. To protect and punish is the legal function of the law
1. Control Crime
a. Protects the safety of the public
b. Produces order
2. Deterrence of Illegal Behavior
a. Identifies illegal behaviors
b. Describes the punishments of those behaviors
c. Two types of criminal deterrence
i. Individual Deterrence – the effect of punishment on
preventing an individual from committing additional
crimes
ii. General Deterrence – punishments will set an
example for potential criminals
3. Punishment Regulation
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a. Safeguard against
i. Arbitrary punishment
ii. Excessive punishment
b. Determinate Sentencing – the punishment should fit the
crime
4. Nulla poena sine lege – no person can be punished for his or
her actions or failure to act unless that behavior has been
clearly made a crime by law
B. Maintain and Teach – the social function of the law
1. Social Control – efforts by society to regulate the behavior of its
members
2. Social Order – all legal systems maintain and protect it
3. Social Change – the process by which ideas and practices are
modified, either actively or passively through natural forces or
deliberate social actions
III. Reasons for the Law
A. Forbid or prevent harmful conduct
B. Subject to public control those disposed to commit crimes
C. Safeguard conduct that is not criminal
D. Give fair warning of criminal offenses
E. Differentiate between serious and minor offenses
IV. Rule of Law
A. Supremacy of law
1. The principle that standards of behavior are established by
laws and not by dictators or religious leaders
2. No person is above the law
3. Everyone is subject to the law
4. Everyone can be held accountable in court for their actions
B. Legality – laws defining crimes and penalties must be made public
before being enforced
1. Made public by publishing laws in an official government
publication
2. Puts members of society on notice
C. Ex post facto – Persons cannot be punished for actions committed
before the law prohibiting the behavior was passed
D. Void for Vagueness – definitions of laws must be clear and
reasonable, specifying prohibited behaviors; otherwise, those laws
are illegal. A law must say what it means and mean what it says.
E. Void for Overbreadth – laws are illegal if they are stated so broadly
as to prohibit legal activities as well as the illegal behavior
F. Due Process – the government must treat people equally and fairly
before the law.
1. Substantive – limits the power of governments to create crimes
unless there is compelling, substantial, public interest in
regulating or prohibiting the conduct.
2. Procedural – the requirement that the government must follow
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established procedures and treat defendants equally.
G. Right to Privacy – laws cannot violate the reasonable personal
privacy of citizens.
H. Cruel and Unusual Punishment – punishment that violates the
principle of proportionality and is considered too harsh for the crime
committed. This is prohibited by the Eighth Amendment
V. Functions of the Law
A. Defines Crime – any act that the government has declared to be an
offense against the public good, declared by statute to be a crime,
and which is prosecuted in a criminal proceeding
B. Defines Criminal Acts
1. Mala in se – acts that are crimes because they are inherently
evil.
2. Mala prohibita – acts that are prohibited because they are
defined as crimes by law, not because the act is harmful or
inherently evil.
C. Elements of a crime
1. Actus reus – the actions of the person committing a crime as
defined by law.
2. Mens rea – the state of mind and intent of the person
committing the actus reus.
3. Concurrence – completeness of the crime – bringing together
the actus reus and mens rea.
Activities
1. Paper Clip Game – divide the class into rows; make sure that one row
has more students and that one row has more boys (or girls). Follow the
below instructions. Keep in mind that the purpose of this activity is to
illustrate the confusion caused by unclear instructions. Do not discuss the
purpose with the students until later in the activity.
 Give each student in the front row five paper clips. Then tell them to
begin. (Students will exhibit confusion, not knowing what to do.
Eventually someone will start doing something.)
 After a brief period, stop the game. Tell them they may only pass
one clip at a time. The object is to pass the clips backward and then
forward and the first row to finish wins. Start them over again.
 After a brief period, stop the game. Tell them the clips must be
passed back over the left shoulder and passed forward over the right.
Start them over again.
 After a brief period, stop the game again. Explain that there are too
many people in one row and they should have twice as many clips to
pass and that there are more girls (or boys) in one row, so they
should have less clips to pass. After making these adjustments, start
the game over again.
 Allow the game to now proceed to the end and debrief the students
on their feelings and observations. List the student-generated
responses on the board.
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 Subsequent discussion of student responses should be related to
society's need for rules of conduct, their purpose, their consistency
and their fair application in order to avoid confusion and frustration
and achieve goals. Specific examples or rules and laws may be
used to further illustrate the points made.
Use the Discussion Rubric for assessment.
2. Professional Presentation – invite an attorney or judge to come to class
and discuss the rule of law and limits of the law. Have students take
notes and use the Individual Work Rubric for assessment.
3. Collaborative Learning Activity – form small groups of 4–6 students.
Instructions for the groups:
 Tell the groups to answer the following questions (post the
questions on a chart or overhead for all the groups to see):
– What is respect? How can we create an atmosphere of
respect?
– What are our responsibilities as students?
– What is our teacher’s responsibility to us?
– What are our rights in the classroom? What are our teacher’s
rights?
 Have the students discuss the answers to the above questions and
then decide on three to five important classroom rules. Have each
group choose someone to record their proposed rules on poster
board and someone to present those rules to the rest of the class
when you come back together.
 Tell the groups to answer these questions after writing their proposed
rules.
– Do our proposed rules fit under the guidelines of school and
district rules?
– Will each agreed upon rule be fair to all class members?
– Are they said simply? Easy to follow? Enforceable? Not in
conflict with other rules?
 Come back together as a class. Have the spokesperson for each
group present his or her group’s proposed rules (do not allow
students to debate the value or usefulness of the rules at this point).
 Have the class members agree to or vote on one set of presented
rules to adopt for the classroom. Discuss a process by which to
amend the rule(s).
 Have each student write a short paper commenting on his or her
experiences writing a set of classroom rules. Have them consider
questions such as:
– Was this process easier or more difficult than you expected?
Why do you think so?
– What did you enjoy about the process? What did you dislike?
– Do you think that the process was a fair one? Why or why not?
– What do you think could have been done to make the process
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fairer than it was?
– Were you satisfied with the final set of classroom rules? Why or
why not?
Use the Discussion Rubric, the Presentation Rubric and/or the
Writing Rubric for assessment.
Assessments
Purposes of Law Quiz and Key
Discussion Rubric
Individual Work Rubric
Presentation Rubric
Writing Rubric
Materials
Purposes of Law computer-based presentation
Purposes of Law Key Terms handout
Paper Clips
Poster Board
Markers
Resources
The Courts and Criminal Procedure, Instructional Materials Service, Trade
and Industry Education
0131189794 Criminal Courts: Structure, Process, & Issues (2nd Edition),
Dean John Champion, Richard D. Hartley, & Gary A. Rabe
Do an Internet search for dad charged with murdering reluctant bride.
Accommodations for Learning Differences
For reinforcement, the students will list terms and explain how they relate to
the rule of law. Use the Individual Work Rubric for assessment.
For enrichment, the students will write a classroom constitution based on the
Rule of Law and using a process similar to that followed by the delegates to
the 1787 Constitutional Convention. Use the Individual Work Rubric for
assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.296. Court Systems and Practices (One to Two Credits).
(1) The student examines the structure of the legal system in the United
States. The student is expected to:
(D) explain the purposes of law;
College and Career Readiness Standards
I. Writing
A. Compose a variety of texts that demonstrate clear focus, the logical
development of ideas in well-organized paragraphs, and the use of
appropriate language that advances the author’s purpose.
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5. Edit writing for proper voice, tense, and syntax, assuring that
it conforms to standard English, when appropriate.
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Purposes of Law Key Terms
Crime – any act that the government has declared to be an offense against the public good,
declared by statute to be a crime, and which is prosecutable in a criminal proceeding
Criminal Law – the body of law that deals with conduct so harmful to society as a whole that it
is prohibited by statute, prosecutable, and punishable by the government
Cruel and Unusual Punishment – punishment that violates the principle of proportionality and
is considered too harsh for the crime committed – prohibited by the Eighth Amendment
Due Process – the government must treat people equally and fairly before the law
Ex post facto – “not after the fact”; persons cannot be punished for actions committed before
the law prohibiting the behavior was passed
Jurisprudence – the philosophy of law; the science and study of the law
Law – a body of rules of conduct that is prescribed by a legitimate authority, usually in the form
of a statute, which mandates certain forms of behaviors
Legality – laws defining crimes and penalties must be made public before being enforced
Mala in se – acts that are crimes because they are inherently evil
Mala prohibita – acts that are prohibited because they are defined as crimes by law, not
because the act is harmful or inherently evil
Nulla poena sine lege – “no punishment without law”; no person can be punished for his or her
actions, or failure to act, unless that behavior has been clearly made a crime by law
Right to Privacy – laws cannot violate the reasonable personal privacy of citizens
Rule of Law – the principle that standards of behavior are established by laws and not by
dictators or religious leaders; no person is above the law
Social Change – the process by which ideas and practices are modified, either actively or
passively through natural forces or deliberate social actions
Social Control – efforts by society to regulate the behavior of its members
Void for Overbreadth – laws are illegal if they are stated so broadly as to prohibit legal
activities as well as the illegal behavior
Void for Vagueness – definitions of laws must be clear and reasonable, specifying prohibited
behaviors; otherwise, those laws are illegal; a law must say what it means and mean what it
says
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Name: ______________________________
Date: _________________________
Purposes of Law Quiz
Multiple Choice:
_____ 1. What are laws that are inherently evil and are harmful to society?
a. Civil laws
b. Ex post facto
c. Mala in se
d. Rule of law
_____ 2. ________________________laws are passed because some feel there is a need to
regulate certain actions.
a. Hacuna matada
b. Mala prohibita
c. Underage drinking
d. Western
Fill in the Blank:
3. An example of an action prohibited by law because it is harmful to society is
____________________________________________________________.
4. An example of an action that is prohibited only because of the law is
____________________________________________________________.
True or False: (circle one)
_____ 5. Any behavior that has no law against it is legal.
a. True
b. False
_____6. The punishment for illegally using a red pen is 2 years in prison. While on trial for this
crime, the law changes by increasing the punishment for conviction of using a red pen
to life in prison. If convicted, I will have to serve life in prison.
a. True
b. False
_____7. Due process means the government must treat people equally and fairly before the
law.
a. True
b. False
_____8. It is not a violation of the law to punish someone convicted of public intoxication to life
in prison.
a. True
b. False
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Matching:
_____9.
Legality
a. Equally & fairly
_____10. Ex post facto
b. Prohibited by 8th Amendment
_____11. Void for Vagueness
c. Declared void if it violates privacy
_____12. Void for Overbreadth
d. Laws must be published to be valid
_____13. Due Process
e. “Not after the fact”
_____14. Right to Privacy
f. Says what it means/mean what it says
_____15. Cruel & Unusual Punishment
g. If too broad, then gone too far
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Purposes of Law Quiz Key
1. C
2. B
3. Murder, rape, theft, etc
4. Underage drinking, parking citations, etc.
5. A
6. B
7. A
8. B
9. D
10. E
11. F
12. G
13. A
14. C
15. B
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Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
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Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
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Name:____________________________________
Date:_____________________________
Presentation Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Topic/Content
 Topic discussed completely and in-depth
 Includes properly cited sources (if used)
Creativity/Neatness
 Integrates a variety of multimedia effects
to create a professional presentation
(transition and graphics) or appropriate
visual aid used
 Title slide, table of contents, bibliography
are included, using acceptable format
Mechanics
 Grammar, spelling, punctuation, and
capitalization are correct
 Image and font size are legible to the
entire audience
Oral Presentation
 Communicates with enthusiasm and eye
contact
 Voice delivery and projection are
dynamic and audible
Audience Interaction
 Presentation holds audience’s attention
and relates a clear message
 Clearly and effectively communicates the
content throughout the presentation
Total Points (20 pts.)
Comments:
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Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
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