This is Ethan Couch. He was 16 when he drove drunk and killed 4 people. His defense team argued that he suffered from “affluenza” – his parents were wealthy and privileged and never set any boundaries for him. The judge sentenced him to rehab and 10 years of probation.

IS THIS FAIR? WHAT SENTENCE DO YOU THINK HE SHOULD HAVE RECEIVED?

UNIT 1

UNIT 1History of Criminal Justice in America

Early Codes

• Ur-Nammu– First written code – Made by Sumerians in what is now Iraq around

2100-2050 BC– Written on tablets– Considered very advanced because it institutes

fines for bodily damage instead of the notion of an eye for an eye

Early Codes

• Code of Hammurabi– Set of 282 codes from early Babylon– 1792-1750 BC– Largely focused on retribution (eye for an eye)

• Early Roman Law– This is where we get the idea of writing down laws– 550 BC-450 BC– 12 Tables: basic rules regulating family, religious

life, and economic life

Early Codes

• English Common Law – Law originates from usage and custom rather than

from something written– Helps guide judges when making decisions

Early Codes

• Magna Carta– 1215– First document imposed upon a King of England by

his subjects– Attempted to limit King’s powers and protect

citizens rights– King John– When British colonized America, many colonies

used it as a model for developing legal system

Early Codes

• English Bill of Rights– 1689– Limited powers of King and Queen– Laid out certain basic rights for all Englishmen• No excessive bail• No cruel and unusual punishment• No taxation without agreement of Parliament

US Constitution

• 1787• Framework for government• Has been amended 27 times• First 10 amendments are called the Bill of

Rights• Supreme law of the land

Bill of Rights

• First 10 amendments to the Constitution• Guarantee personal freedoms and limit

government power• Had little impact for first 150 years of

existence, but is now the basis for many Supreme Court decisions

• Ratified 1791

Texas State Constitution

• First Texas Constitution was written in 1836• There have been 6 Constitutions in Texas

history• The current Constitution took effect in 1876• Very restrictive

Model Penal Code

• Adopted by American Law Institute in 1962• Outlines crimes and classifications• Adopted by many states• Now all states have a penal code

Sources of Criminal Law

• Federal Law: – US Constitution, US Criminal Codes, case law

(decisions that judges make), and Executive Orders• State Law: – state Constitutions, state Criminal codes, and

common law• Local Law: – city and county charters, ordinances, common law

ASSIGNMENT

• Create timeline of development of criminal law–Each point on your timeline

must include 2 important facts–Each point on your timeline

must include 1 illustration