The Legal System

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The Legal System
Forensic Science 9/4/15
Drill
Watch the video without writing
anything.
What do you think a witness of a crime
should do to be as accurate as possible?
HW: Finish the Ch 1 Review Questions
DUE on Tuesday!!!!
Objectives
IWBAT
Hone my observational skills.
Explain the parts of the legal system.
Discuss the role of the media on trials.
Explain the parts of the crime lab and
categorize where various evidence would be
analyzed.
Missing Forms – Pd. 3
Blue/White Letter
Graham
Safety Contract
Graham
Soop
Brandon
Online Parent Confirmation
Graham
Soop
Brandon
Kelly
Missing Forms – Pd. 5
Blue/White Letter

Safety Contract
Danny
Parent Confirmation
Kyle
Missing Forms – Pd. 6
Blue/White Letter

Safety Contract
Megan
Austin
Parent Letter Confirmation
Nico
The Legal System
Types of Law
There are several different types of law
in the US criminal justice system.
Statutory Law
Civil Law
Criminal Law
Equity Law
Public Law
Administrative Law
Statutory Law
Statutory law is written or codified
law, “the law on the books” as
enacted by a government body or
agency having the power to make
laws.
Based on the constitution and
precedents are set in appellate
courts.
The principle of recognizing previous
decisions as precedents is called
stare decisis.
Civil Law
Civil Law deals with relationships
between individuals (property,
contracts).
Formal means for regulating
noncriminal relationships between
individuals, businesses, agencies of
government and other organizations.
More concerned with assigning
blame as opposed to establishing
intent.
Civil Law
For example: Contracts, marriage, divorce,
wills, property transfers, negligence, and the
manufacture of products with hidden hazards
are all civil concerns.
Individuals bring the suit to court. More
concerned with assigning blame as opposed
to establishing intent.
In civil cases a “preponderance of evidence”
is required to convict.
Violations of civil law are generally
punishable by fines.
Standard of Proof
The standard of proof is the
level of proof required in a legal
action to convince the court that
a given proposition is true. The
degree of proof required
depends on the circumstances of
the proposition.
Standard of Proof
Typically, most countries have two
levels of proof:
the balance of probabilities (BOP),
called the preponderance of
evidence in the US,
beyond a reasonable doubt
(commonly referred to as BARD), or
just beyond reasonable doubt.
In addition to these, the US introduced
a third standard called clear and
convincing evidence.
PREPONDERANCE OF THE
EVIDENCE
The level of proof required to prevail
in most civil cases. The judge or jury
must be persuaded that the facts are
more probably one way (the
plaintiff's way) than another (the
defendant's).
Criminal Law
Deals with offenses against an
individual that are deemed offensive to
society, causing the state to act as the
plaintiff by bringing charges against
the accused
Misdemeanor – a minor crime, such as
theft, minor assault and battery, or
possession of small amounts of certain
illegal drugs.
Criminal Law
Felony – a major crime, such as
murder, rape, armed robbery, serious
assaults, dealing illegal drugs, fraud,
auto theft, or forgery.
In criminal cases, “beyond a
reasonable doubt” is required to
convict.
Violations are punishable by fines,
incarceration, community service, life in
prison or capital punishment.
Beyond A Reasonable
Doubt
The highest level of proof required to win
a case. Necessary to get a guilty verdict
in criminal cases.
Part of jury instructions in all criminal
trials, in which the jurors are told that
they can only find the defendant guilty if
they are convinced "beyond a reasonable
doubt" of his or her guilt.
BARD
Sometimes referred to as "to a moral
certainty," the phrase is fraught with
uncertainty as to meaning, but try:
"you better be darn sure."
By comparison it is meant to be a
tougher standard than
"preponderance of the evidence”.
Equity and Public Law
Equity Law is remedial or
preventative (injunction,
restraining order).
Public law is the regulation and
enforcement of rights.
Administrative Law
Administrative law is the dictated by
the Internal Revenue Service (IRS),
Social Security Administration,
military, and health care industry.
Why do we collect
evidence?
To prove that a crime has been
committed.
To prove that a certain person(s)
committed that crime(s).
Isn’t it obvious that a crime has
been committed? Not always.
Burglary
(Old English Common
Law)
Breaking
Entering
Dwelling house
Of another
At night
with the intent to
commit a felony.
Burglary, Larceny, or
Robbery?
Burglary
The criminal offense of breaking and entering a
building illegally for the purpose of committing a
crime.
Larceny
The unauthorized taking and removal of the Personal
Property of another by an individual who intends to
permanently deprive the owner of it.
Robbery
The taking of money or goods in the possession of
another, from his or her person or immediate
presence, by force or intimidation.
What are the steps in pursuing
justice?
Accused
Plea
Bail
Probable Cause
Booked
Crime
Defense
Felony
Fingerprinted
Prosecution
Prosecutor
Scene
Trial Date
Guilty
Warrant
Innocent
72 hours
Investigate
Miranda rights
Casey Anthony Case
What happened?
Casey Anthony Case
Get a copy of the article and the
reflection questions.
You will leave the article here and work
on this more on Monday.
Closure
Who would analyze this evidence?
Blood
A crumpled check
Bite marks
Flash drive
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