Ch. 15
The Sources of Our Laws
Functions of Law
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American society developed around the principle of “a
government of laws and not of men”
Laws are rules that allow people to live peacefully in
society.
Laws guarantee individual liberties because they are
binding on everyone
People, organizations, and governments can deal with
one another because all know which acts are permitted
and which are not
Functions of Law
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To discourage criminal acts, laws set
punishments and establish a justice
system to enforce the laws.
Laws also set rules to resolve civil disputes
Functions of Law
1.
To be effective:
laws must be fair and treat all people equally
2.
Laws must set punishments that fit the crime
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3.
4.
Ordinary people must be able to understand
them; easier for government to enforce
Laws must be reasonable; people more likely to
obey
Early Law
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Laws of early human societies were
probably passed to each following
generation orally
The first known system of written law was
the Code of Hammurabi, a collection of
282 laws compiled by King Hammurabi of
Babylonia in about 1760 B.C. Eye for an
Eye
Early Law
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The Hebrews of ancient Palestine followed
the Ten Commandments found in the
Bible.
Thou shalt not kill or steal are reflected in
our penal codes today.
Early Law
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The Romans called their law jurisprudence, a
word we use today to mean the study of law.
Much like the Code of Hammurabi, the penalties
for offenses were drastic.
Over the centuries, the Roman senate adopted
many laws and Roman judges wrote
commentaries on them (opinion) which became
part of the law.
Early Law
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Later Roman emperors created laws by issuing edicts,
or commands.
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As the Roman Empire spread, so did Roman law.
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Emperor Justinian I sent scholars all over the world to
collect the remnants of the fallen Western Roman
Empire; pieced together his own body of rules called the
Code of Justinian which became the basis of law for the
Byzantine Empire
Old Roman law eventually became part of canon law of
the Roman Catholic Church.
Early Law
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More than a thousand years later, the French
emperor Napoleon during his conquests in
Europe, updated the Justinian Code and called it
the Napoleonic Code.
The code spread throughout Europe as the
French spread and to different parts of the world
as well (Asia, Africa, and North America)
Early Law
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American law has borrowed a little from all of
the previous sources.
Based mainly on the English system of common
law, or law based on court decisions rather than
on a legal code.
When early English judges heard a case, they
looked in the books for a similar case and
followed the earlier ruling, or precedent—legal
opinions that became part of the common law
Early Law
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English judges blended Roman law and
canon law into the body of common law
The law came to include basic rights such
as trial by jury and innocent until proven
guilty
Early Law
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As the English Parliament gained power, acts of
Parliament—written statutes—came to
dominate the English legal system.
English settlers in North America brought their
traditions of common law and citizens’ rights
with them.
Today, common law forms the basis of our legal
system, including the tradition of following
precedents.
Ch. 15.2: Types of Laws
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Criminal laws seek to prevent people from
deliberately or recklessly harming each
other or each other’s property.
American courts operate on an adversary
system. Lawyers for opposing sides
present their cases and the judge plays an
impartial role.
Adversary System
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Critics of the adversary system argue that it
encourages lawyers to ignore unfavorable
evidence.
“smoke and mirrors”; show what only needs to
be shown to win.
Supporters of this system claim that it is the
best system to bring out the facts of the case
Criminal Law
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In criminal cases, the government always plays
the role of the plaintiff—the party who brings
forth the charges
Charges are brought forth against the
defendant—the individual or group being sued
Most criminal cases are titled in terms of the
state against the defendant. Ex. The state of
California v. O.J. Simpson
Criminal Law
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Felonies are serious crimes, such as
murder, rape, and robbery.
Misdemeanors are less serious offenses,
such as vandalism or stealing inexpensive
items
Usually punishable by a fine or jail
sentence of less than one year.
Civil Cases
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Civil cases involve disputes between
people or groups, in which no criminal
laws have been broken.
A civil case is also called a lawsuit—a
legal action in which a person or group
sues to collect damages for some harm
done. (monetary compensation)$$$
Civil Cases
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In civil cases, the plaintiff believes the
defendant is to blame for some damage or
loss of something of value.
Dispute may involve a breach of contract
in which one party believes that the other
did not fulfill the terms of the agreement.
Civil Cases
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Another type of civil dispute involves
torts, or civil wrongs.
In tort law a person may suffer an injury
and claim that another party’s negligence
was the cause.
Did you directly or indirectly do something
that led to me being injured???
Civil Cases
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1.
2.
3.
4.
Family law is another type of civil law
because you are dealing with issues such
as:
Divorce
Child custody/child support
Alimony
adoption
Public Law
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Public law, or constitutional law, involves rights
guaranteed under the Constitution or spelled out
in legislation.
This helps guide courts and legislatures when
they deal with punishments and fines
Constitutional laws are the highest laws in the
land
Public Law
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Administrative law includes all the rules
and regulations that government agencies
issue to carry out their jobs.
FCC, FAA, EPA regulations fall within
administrative law.
Public Law
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Statutory law includes the laws written by
legislatures at all levels of government.
Establishes rules such as speed limits,
minimum age for work permits, noise
ordinances, leash laws, bans on smoking,
etc.
Meant to control people’s behaviors
International Law
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International law comprises treaties, customs,
and agreements among nations.
Any violation of international law may be
brought to the International Court of Justice, or
World Court, which is located in The Hague,
the Netherlands.
The United Nations established the World Court
to hear disputes that nation’s bring against other
nations.
International Law
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Problem with the World Court is it has no
enforcement powers.
The court must rely on the willingness of
the parties to accept its rulings
Countries have to be willing to give up
people to stand trial.
Ch. 15.3: The American Legal
System
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American colonists owed their rights to
legal principles developed in England
Although written statutes have replaced
common law, courts still refer to common
law when no statutes exist for a given
issue
Legal Protections in the U.S.
Constitution
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Courts base their rulings on written laws
and on precedents of earlier cases.
Judges then use these rulings to decide
similar cases in the future.
This process is called stare decisis, for
“let the decision stand”
Legal Protections in the U.S.
Constitution
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Article I provides a safeguard against
being kept in jail unlawfully.
It includes the writ of habeas corpus,
which requires an official who has arrested
someone to bring that person to court and
explain why he or she is being held.
Legal Protections in the U.S.
Constitution
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Article I forbids enactment of a bill of
attainder—a law that punishes a person
accused of a crime without a trial or fair
hearing in court.
Also forbids an ex post facto law, which
would allow a person to be punished for
an action that was not against the law
when it was committed.
Legal Protections in the U.S.
Constitution
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The 5th and 14th Amendments guarantee citizens
due process of law—the government may not
take our lives, liberty, or property without the
proper exercise of law.
The equal protection clause of the 14th
Amendment requires the government to treat all
people equally, regardless of gender, race, or
religion.
Legal Protections in the U.S.
Constitution
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2.
3.
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A person can be convicted of treason for:
Waging war against the U.S.
Joining its enemies
Giving aid and comfort to the enemy
Treason is defined specifically so that the
government cannot misuse the law to
punish people for political acts.
Rights of People Accused of
Crimes
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Rights of the accused are based on the idea that
a person is presumed innocent until proven
guilty in a court of law.
The burden of proof is on the prosecution; must
prove guilt
Defendant does not have to prove innocence
Rights of People Accused of
Crimes
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The 4th Amendment protects against
“unreasonable search and seizure”
To intrude on someone’s property, police must
first get a search warrant—a judge’s
authorization specifying the place to be searched
and items that may be seized.
Police must have good reason (probable cause)
to believe that the wanted person or evidence
can be found there.
Mapp v Ohio
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In Mapp v. Ohio, the Supreme Court
established the exclusionary rule.
If police gain evidence in a way that
violates the 4th Amendment, the evidence
may not be used in court.
Rights of People Accused of
Crimes
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The 5th Amendment states that people do
not have to say anything that might
incriminate themselves.
People can “take the Fifth” and decline to
answer questions
Miranda v. Arizona
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In Miranda v. Arizona, the Supreme Court
held that police must inform suspects that
they have the right to remain silent, but
this right may not be used to obstruct
justice.
5th Amendment bans double jeopardy.
Once tried and found not guilty, a person
may not be tried for the same crime
Rights of People Accused of
Crimes
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5the Amendment also states that any
person accused of serious federal crimes
must be brought before a grand jury.
If the grand jury decides there is enough
evidence to proceed to trial, they indict
or issue a formal charge against the
person.
Rights of People Accused of
Crimes
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The 6th Amendment states that an
accused person has the right to a lawyer.
In Gideon v. Wainwright, the Supreme
Court interpreted this to mean that if the
accused could not afford a lawyer, the
state must provide one.
Rights of People Accused of
Crimes
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The 6th Amendment says that accused people
must be informed of the accusations against
them.
People have the right to a public and speedy
trial by an impartial jury
Have the right to question witnesses tesifying
against you and can call forth witnesses on your
behalf.
Rights of People Accused of
Crimes
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To be impartial means jury members must not
know anyone involved in the case and must not
have made up their minds before the trial.
Jury members usually come from the area where
the crime was committed.
In federal courts, all trial juries or petit juries,
have 12 people who must reach a unanimous
decision
Rights of People Accused of
Crimes
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Defendants do have the opportunity to choose a bench
trial, or appear before a judge without a jury.
Few criminal cases ever go to trial. Most are settled
through plea bargaining
Negotiations are made between the defense attorney
and the prosecutor
Offering the chance to plead guilty to a less serious
crime in exchange for a less severe penalty; judge must
agree with plea bargain
Rights of People Accused of
Crimes
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Plea bargains reduce the time and
expense of a trial
Also reduce the huge volume of cases that
are on the court’s docket.
Rights of People Accused of
Crimes
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The 8th Amendment outlaws “cruel and
unusual punishments.”
Punishment must fit the crime
Furman v. Georgia
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The Supreme Court ruled in Furman v. Georgia
that the death penalty as then administered was
not constitutional.
It was being imposed in unfair ways, mainly on
African Americans and poor people
In response to this, most states had to revise
their death penalty laws to comply with the
Court’s guidelines.
Rights of People Accused of
Crimes
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8th Amendment prohibits “excessive bail.”
Bail is money an arrested person pays to a
court to win release from jail while awaiting trial.
The purpose is to guarantee that the person will
return for trial
After the trial, the person gets the money back
Rights of People Accused of
Crimes
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Courts may not set bail so high that a person is
unfairly forced to stay in jail.
In cases involving serious crimes, however, the
judge may set a very high bail.
In extreme cases, like murder, or if the arrested
person is a flight risk, the judge may outright
deny bail.
Our Legal Responsibilities
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5.
American citizens have a responsibility
to:
Serve on a jury
Testify in court
Obey laws
Cooperate with law enforcement
Work peacefully to change unfair,
outdated laws