Ch. 15 The Sources of Our Laws. Functions of Law American society developed around the principle of “a government of laws and not of men” American society

Ch. 15Ch. 15

The Sources of Our LawsThe Sources of Our Laws

Functions of LawFunctions of Law American society developed around the principle American society developed around the principle

of “of “a government of laws and not of mena government of laws and not of men” ”

Laws are rules that allow people to live peacefully Laws are rules that allow people to live peacefully in society.in society.

Laws guarantee individual liberties because they Laws guarantee individual liberties because they are binding on everyoneare binding on everyone

People, organizations, and governments can deal People, organizations, and governments can deal with one another because all know which acts are with one another because all know which acts are permitted and which are notpermitted and which are not

Functions of LawFunctions of Law

To discourage criminal acts, laws set To discourage criminal acts, laws set punishments and establish a justice punishments and establish a justice system to enforce the laws.system to enforce the laws.

Laws also set rules to resolve civil Laws also set rules to resolve civil disputesdisputes

Functions of LawFunctions of Law To be effective:To be effective:1.1. laws must be fair and treat all people laws must be fair and treat all people

equallyequally

2.2. Laws must set punishments that fit the Laws must set punishments that fit the crimecrime

3.3. Ordinary people must be able to understand Ordinary people must be able to understand them; easier for government to enforcethem; easier for government to enforce

4.4. Laws must be reasonable; people more Laws must be reasonable; people more likely to obeylikely to obey

Early LawEarly Law

Laws of early human societies were Laws of early human societies were probably passed to each following probably passed to each following generation orallygeneration orally

The first known system of written law The first known system of written law was the Code of Hammurabi, a was the Code of Hammurabi, a collection of 282 laws compiled by collection of 282 laws compiled by King Hammurabi of Babylonia in King Hammurabi of Babylonia in about 1760 B.C. about 1760 B.C. Eye for an EyeEye for an Eye

Early LawEarly Law

The Hebrews of ancient Palestine The Hebrews of ancient Palestine followed the Ten Commandments followed the Ten Commandments found in the Bible. found in the Bible.

Thou shalt not kill or steal are Thou shalt not kill or steal are reflected in our penal codes today.reflected in our penal codes today.

Early LawEarly Law

The Romans called their law The Romans called their law jurisprudence,jurisprudence, a word we use today to a word we use today to mean the study of law.mean the study of law.

Much like the Code of Hammurabi, the Much like the Code of Hammurabi, the penalties for offenses were drastic.penalties for offenses were drastic.

Over the centuries, the Roman senate Over the centuries, the Roman senate adopted many laws and Roman judges adopted many laws and Roman judges wrote commentaries on them (opinion) wrote commentaries on them (opinion) which became part of the law.which became part of the law.

Early LawEarly Law Later Roman emperors created laws by issuing Later Roman emperors created laws by issuing

edictsedicts, or commands. , or commands.

As the Roman Empire spread, so did Roman law.As the Roman Empire spread, so did Roman law.

Emperor Justinian I sent scholars all over the Emperor Justinian I sent scholars all over the world to collect the remnants of the fallen world to collect the remnants of the fallen Western Roman Empire; pieced together his own Western Roman Empire; pieced together his own body of rules called the Code of Justinian which body of rules called the Code of Justinian which became the basis of law for the Byzantine Empirebecame the basis of law for the Byzantine Empire

Old Roman law eventually became part of canon Old Roman law eventually became part of canon law of the Roman Catholic Church.law of the Roman Catholic Church.

Early LawEarly Law

More than a thousand years later, the More than a thousand years later, the French emperor Napoleon during his French emperor Napoleon during his conquests in Europe, updated the Justinian conquests in Europe, updated the Justinian Code and called it the Napoleonic Code. Code and called it the Napoleonic Code.

The code spread throughout Europe as the The code spread throughout Europe as the French spread and to different parts of the French spread and to different parts of the world as well (Asia, Africa, and North world as well (Asia, Africa, and North America)America)

Early LawEarly Law American law has borrowed a little from all American law has borrowed a little from all

of the previous sources.of the previous sources.

Based mainly on the English system of Based mainly on the English system of common lawcommon law, or law based on court , or law based on court decisions rather than on a legal code.decisions rather than on a legal code.

When early English judges heard a case, When early English judges heard a case, they looked in the books for a similar case they looked in the books for a similar case and followed the earlier ruling, or and followed the earlier ruling, or precedent—precedent—legal opinions that became legal opinions that became part of the common lawpart of the common law

Early LawEarly Law

English judges blended Roman law English judges blended Roman law and canon law into the body of and canon law into the body of common lawcommon law

The law came to include basic rights The law came to include basic rights such as trial by jury and innocent such as trial by jury and innocent until proven guiltyuntil proven guilty

Early LawEarly Law As the English Parliament gained power, As the English Parliament gained power,

acts of Parliament—written acts of Parliament—written statutesstatutes——came to dominate the English legal came to dominate the English legal system.system.

English settlers in North America brought English settlers in North America brought their traditions of common law and their traditions of common law and citizens’ rights with them.citizens’ rights with them.

Today, common law forms the basis of our Today, common law forms the basis of our legal system, including the tradition of legal system, including the tradition of following precedents.following precedents.

Ch. 15.2: Types of LawsCh. 15.2: Types of Laws

Criminal laws seek to prevent people Criminal laws seek to prevent people from deliberately or recklessly from deliberately or recklessly harming each other or each other’s harming each other or each other’s property.property.

American courts operate on an American courts operate on an adversary system. adversary system. Lawyers for Lawyers for opposing sides present their cases opposing sides present their cases and the judge plays an impartial role.and the judge plays an impartial role.

Adversary SystemAdversary System

Critics of the adversary system argue that Critics of the adversary system argue that it encourages lawyers to ignore it encourages lawyers to ignore unfavorable evidence.unfavorable evidence.

““smoke and mirrors”; show what only smoke and mirrors”; show what only needs to be shown to win.needs to be shown to win.

Supporters of this system claim that it is Supporters of this system claim that it is the best system to bring out the facts of the best system to bring out the facts of the casethe case

Criminal LawCriminal Law

In criminal cases, the government always In criminal cases, the government always plays the role of the plays the role of the plaintiff—plaintiff—the party the party who brings forth the chargeswho brings forth the charges

Charges are brought forth against the Charges are brought forth against the defendant—defendant—the individual or group being the individual or group being sued sued

Most criminal cases are titled in terms of Most criminal cases are titled in terms of the state against the defendant. Ex. The the state against the defendant. Ex. The state of California v. O.J. Simpsonstate of California v. O.J. Simpson

Criminal LawCriminal Law

Felonies Felonies are serious crimes, such as are serious crimes, such as murder, rape, and robbery.murder, rape, and robbery.

MisdemeanorsMisdemeanors are less serious are less serious offenses, such as vandalism or offenses, such as vandalism or stealing inexpensive itemsstealing inexpensive items

Usually punishable by a fine or jail Usually punishable by a fine or jail sentence of less than one year.sentence of less than one year.

Civil CasesCivil Cases

Civil cases involve disputes between Civil cases involve disputes between people or groups, in which no people or groups, in which no criminal laws have been broken.criminal laws have been broken.

A civil case is also called a A civil case is also called a lawsuit—lawsuit—a legal action in which a person or a legal action in which a person or group sues to collect damages for group sues to collect damages for some harm done. (monetary some harm done. (monetary compensation)$$$compensation)$$$


In civil cases, the plaintiff believes In civil cases, the plaintiff believes the defendant is to blame for some the defendant is to blame for some damage or loss of something of damage or loss of something of value.value.

Dispute may involve a breach of Dispute may involve a breach of contract in which one party believes contract in which one party believes that the other did not fulfill the terms that the other did not fulfill the terms of the agreement.of the agreement.


Another type of civil dispute involves Another type of civil dispute involves torts,torts, or civil wrongs. or civil wrongs.

In tort law a person may suffer an In tort law a person may suffer an injury and claim that another party’s injury and claim that another party’s negligencenegligence was the cause. was the cause.

Did you directly or indirectly do Did you directly or indirectly do something that led to me being something that led to me being injured???injured???


Family law is another type of civil Family law is another type of civil law because you are dealing with law because you are dealing with issues such as:issues such as:

1.1. DivorceDivorce

2.2. Child custody/child supportChild custody/child support

3.3. AlimonyAlimony

4.4. adoptionadoption

Public LawPublic Law

Public law, or constitutional law, involves Public law, or constitutional law, involves rights guaranteed under the Constitution rights guaranteed under the Constitution or spelled out in legislation.or spelled out in legislation.

This helps guide courts and legislatures This helps guide courts and legislatures when they deal with punishments and when they deal with punishments and fines fines

Constitutional laws are the highest laws in Constitutional laws are the highest laws in the land the land


Administrative law includes all the Administrative law includes all the rules and regulations that rules and regulations that government agencies issue to carry government agencies issue to carry out their jobs.out their jobs.

FCC, FAA, EPA regulations fall within FCC, FAA, EPA regulations fall within administrative law.administrative law.


Statutory law includes the laws written Statutory law includes the laws written by legislatures at all levels of by legislatures at all levels of government.government.

Establishes rules such as speed limits, Establishes rules such as speed limits, minimum age for work permits, noise minimum age for work permits, noise ordinances, leash laws, bans on ordinances, leash laws, bans on smoking, etc.smoking, etc.

Meant to control people’s behaviors Meant to control people’s behaviors

International LawInternational Law International law comprises treaties, International law comprises treaties,

customs, and agreements among nations.customs, and agreements among nations.

Any violation of international law may be Any violation of international law may be brought to the International Court of brought to the International Court of Justice, or Justice, or World CourtWorld Court, which is located , which is located in The Hague, the Netherlands.in The Hague, the Netherlands.

The United Nations established the World The United Nations established the World Court to hear disputes that nation’s bring Court to hear disputes that nation’s bring against other nations.against other nations.

International LawInternational Law

Problem with the World Court is it has Problem with the World Court is it has no enforcement powers.no enforcement powers.

The court must rely on the willingness The court must rely on the willingness of the parties to accept its rulingsof the parties to accept its rulings

Countries have to be willing to give up Countries have to be willing to give up people to stand trial.people to stand trial.

Ch. 15.3: The American Legal Ch. 15.3: The American Legal SystemSystem

American colonists owed their rights American colonists owed their rights to legal principles developed in to legal principles developed in EnglandEngland

Although written statutes have Although written statutes have replaced common law, courts still replaced common law, courts still refer to common law when no refer to common law when no statutes exist for a given issuestatutes exist for a given issue

Legal Protections in the U.S. Legal Protections in the U.S. ConstitutionConstitution

Courts base their rulings on written Courts base their rulings on written laws and on precedents of earlier laws and on precedents of earlier cases.cases.

Judges then use these rulings to Judges then use these rulings to decide similar cases in the future.decide similar cases in the future.

This process is called This process is called stare decisis,stare decisis, for “let the decision stand”for “let the decision stand”


Article I provides a safeguard against Article I provides a safeguard against being kept in jail unlawfully.being kept in jail unlawfully.

It includes the It includes the writ of habeas writ of habeas corpus, corpus, which requires an official which requires an official who has arrested someone to bring who has arrested someone to bring that person to court and explain why that person to court and explain why he or she is being held.he or she is being held.


Article I forbids enactment of a Article I forbids enactment of a bill bill of attainder—of attainder—a law that punishes a a law that punishes a person accused of a crime without a person accused of a crime without a trial or fair hearing in court.trial or fair hearing in court.

Also forbids an Also forbids an ex post facto law, ex post facto law, which would allow a person to be which would allow a person to be punished for an action that was not punished for an action that was not against the law when it was against the law when it was committed.committed.


The 5The 5thth and 14 and 14thth Amendments guarantee Amendments guarantee citizens citizens due process of law—due process of law—the the government may not take our lives, government may not take our lives, liberty, or property without the proper liberty, or property without the proper exercise of law.exercise of law.

The equal protection clause of the 14The equal protection clause of the 14thth Amendment requires the government to Amendment requires the government to treat all people equally, regardless of treat all people equally, regardless of gender, race, or religion.gender, race, or religion.


A person can be convicted of treason A person can be convicted of treason for:for:

1.1. Waging war against the U.S.Waging war against the U.S.2.2. Joining its enemiesJoining its enemies3.3. Giving aid and comfort to the enemyGiving aid and comfort to the enemy

Treason is defined specifically so that Treason is defined specifically so that the government cannot misuse the the government cannot misuse the law to punish people for political acts.law to punish people for political acts.

Rights of People Accused of Rights of People Accused of CrimesCrimes

Rights of the accused are based on the Rights of the accused are based on the idea that a person is idea that a person is presumed innocent presumed innocent until proven guilty in a court of law.until proven guilty in a court of law.

The burden of proof is on the prosecution; The burden of proof is on the prosecution; must prove guiltmust prove guilt

Defendant does not have to prove Defendant does not have to prove innocenceinnocence


The 4The 4thth Amendment protects against Amendment protects against “unreasonable search and seizure”“unreasonable search and seizure”

To intrude on someone’s property, police To intrude on someone’s property, police must first get a must first get a search warrant—search warrant—a a judge’s authorization specifying the place judge’s authorization specifying the place to be searched and items that may be to be searched and items that may be seized.seized.

Police must have good reason (probable Police must have good reason (probable cause) to believe that the wanted person cause) to believe that the wanted person or evidence can be found there.or evidence can be found there.

Mapp v OhioMapp v Ohio

In Mapp v. Ohio, the Supreme Court In Mapp v. Ohio, the Supreme Court established the exclusionary rule.established the exclusionary rule.

If police gain evidence in a way that If police gain evidence in a way that violates the 4violates the 4thth Amendment, the Amendment, the evidence may not be used in court.evidence may not be used in court.


The 5The 5thth Amendment states that Amendment states that people do not have to say anything people do not have to say anything that might incriminate themselves.that might incriminate themselves.

People can “take the Fifth” and People can “take the Fifth” and decline to answer questionsdecline to answer questions

Miranda v. ArizonaMiranda v. Arizona

In Miranda v. Arizona, the Supreme In Miranda v. Arizona, the Supreme Court held that police must inform Court held that police must inform suspects that they have the right to suspects that they have the right to remain silent, but this right may not remain silent, but this right may not be used to obstruct justice.be used to obstruct justice.

55thth Amendment bans Amendment bans double double jeopardyjeopardy. Once tried and found not . Once tried and found not guilty, a person may not be tried for guilty, a person may not be tried for the same crimethe same crime


5the Amendment also states that 5the Amendment also states that any person accused of serious any person accused of serious federal crimes must be brought federal crimes must be brought before a before a grand jury.grand jury.

If the grand jury decides there is If the grand jury decides there is enough evidence to proceed to trial, enough evidence to proceed to trial, they they indict indict or issue a formal charge or issue a formal charge against the person.against the person.


The 6The 6thth Amendment states that an Amendment states that an accused person has the right to a accused person has the right to a lawyer.lawyer.

In Gideon v. Wainwright, the In Gideon v. Wainwright, the Supreme Court interpreted this to Supreme Court interpreted this to mean that if the accused could not mean that if the accused could not afford a lawyer, the state must afford a lawyer, the state must provide one.provide one.


The 6The 6thth Amendment says that accused Amendment says that accused people must be informed of the people must be informed of the accusations against them. accusations against them.

People have the right to a public and People have the right to a public and speedy trial by an impartial juryspeedy trial by an impartial jury

Have the right to question witnesses Have the right to question witnesses tesifying against you and can call forth tesifying against you and can call forth witnesses on your behalf.witnesses on your behalf.


To be To be impartialimpartial means jury members means jury members must not know anyone involved in the must not know anyone involved in the case and must not have made up their case and must not have made up their minds before the trial.minds before the trial.

Jury members usually come from the area Jury members usually come from the area where the crime was committed.where the crime was committed.

In federal courts, all trial juries or In federal courts, all trial juries or petit petit juriesjuries, have 12 people who must reach a , have 12 people who must reach a unanimous decisionunanimous decision


Defendants do have the opportunity to choose a Defendants do have the opportunity to choose a bench trial, or appear before a judge without a jury.bench trial, or appear before a judge without a jury.

Few criminal cases ever go to trial. Most are Few criminal cases ever go to trial. Most are settled through settled through plea bargainingplea bargaining

Negotiations are made between the defense Negotiations are made between the defense attorney and the prosecutorattorney and the prosecutor

Offering the chance to plead guilty to a less serious Offering the chance to plead guilty to a less serious crime in exchange for a less severe penalty; judge crime in exchange for a less severe penalty; judge must agree with plea bargainmust agree with plea bargain


Plea bargains reduce the time and Plea bargains reduce the time and expense of a trialexpense of a trial

Also reduce the huge volume of Also reduce the huge volume of cases that are on the court’s docket.cases that are on the court’s docket.


The 8The 8thth Amendment outlaws “cruel Amendment outlaws “cruel and unusual punishments.”and unusual punishments.”

Punishment must fit the crimePunishment must fit the crime

Furman v. GeorgiaFurman v. Georgia

The Supreme Court ruled in Furman v. The Supreme Court ruled in Furman v. Georgia that the death penalty as then Georgia that the death penalty as then administered was not constitutional.administered was not constitutional.

It was being imposed in unfair ways, It was being imposed in unfair ways, mainly on African Americans and poor mainly on African Americans and poor peoplepeople

In response to this, most states had to In response to this, most states had to revise their death penalty laws to comply revise their death penalty laws to comply with the Court’s guidelines.with the Court’s guidelines.


88thth Amendment prohibits “excessive bail.” Amendment prohibits “excessive bail.”

Bail Bail is money an arrested person pays to a is money an arrested person pays to a court to win release from jail while awaiting court to win release from jail while awaiting trial.trial.

The purpose is to guarantee that the person The purpose is to guarantee that the person will return for trialwill return for trial

After the trial, the person gets the money backAfter the trial, the person gets the money back


Courts may not set bail so high that a Courts may not set bail so high that a person is unfairly forced to stay in jail.person is unfairly forced to stay in jail.

In cases involving serious crimes, In cases involving serious crimes, however, the judge may set a very high however, the judge may set a very high bail.bail.

In extreme cases, like murder, or if the In extreme cases, like murder, or if the arrested person is a flight risk, the judge arrested person is a flight risk, the judge may outright deny bail.may outright deny bail.

Our Legal ResponsibilitiesOur Legal Responsibilities

American citizens have a American citizens have a responsibility to:responsibility to:

1.1. Serve on a juryServe on a jury

2.2. Testify in courtTestify in court

3.3. Obey laws Obey laws

4.4. Cooperate with law enforcementCooperate with law enforcement

5.5. Work peacefully to change unfair, Work peacefully to change unfair, outdated lawsoutdated laws

Documents

Ch. 15 The Sources of Our Laws. Functions of Law American society developed around the principle of “a government of laws and not of men” American society