The U.S.
Judicial System
The Legal System

Our legal system is supposed to serve justice.

But how does one define justice?
Justice is …
1.
Fairness
2.
Rightness or correctness
3.
Fair dealing
4.
Administration of the law
Problems & Weaknesses

Corruption?

The media and “innocent until proven guilty”.

Prison overcrowding from non-violent offenders

Court appointed attorneys (public defenders) and their
quality

“Buying” justice?
Principles of
Our Legal System
Equal Justice Under the Law

Goal of U.S. justice
system is to treat all
persons alike

Every person has the
same rights granted
under the Constitution
Due Process of Law

Law must be applied in a fair manner

Cases involving a law that is thought to be
unreasonable fall under substantive due
process

Cases about the way a law is administered
involves procedural due process
Adversary System

Courtroom is an arena where
lawyers for opposing sides try
to present the strongest case

Judge plays an impartial role
like a referee
Presumption of Evidence

Everyone is thought to be innocent until
evidence proves guilt

Not mentioned in the Constitution but deeply
rooted in English legal heritage

The burden of proof falls on the prosecution
The Burden of Proof
Guilt must be proven:

“Beyond a reasonable doubt” standard in
criminal cases (100%)

“Preponderance of the evidence” standard in
civil cases (+50%)
The Law
What is the “Law”?

Justice System follows & enforces the “law”

Law: A set of rules and regulations made and
enforced by the government to regulate the
conduct of people in society
Where Does the Law Come From?
1.
Moral Values – What society thinks is right
& wrong
2.
Economic Values – Accumulation,
preservation, use & distribution of wealth
3.
Political Values – Relationship between
government & individuals
Types of Law
1. Criminal

Legal action brought by
government against a person
charged with committing a
crime

Penalties include fines,
imprisonment or
probation/supervision

Person vs. Law
Levels of Crime

Misdemeanor – Fine or imprisonment for less
than 1 year

Felony – Imprisonment for more than 1 year
2. Civil

Legal action brought by a
person against another person

Penalties include paying money
or an order by judge requiring
the wrong doer to stop doing
something

Person vs. Person
“Civil or Criminal” Practice

For each of the crimes, decide whether the
action or wrongdoing would fall under civil or
criminal law.

Write civil or criminal in the space provided.