Goal 6: The Law

Influences on American Law

• Code of Hammurabi• Ten Commandments• English Common Law• Roman Law (Jurisprudence)

Code of Hammurabi

• Definition–First set of written laws with punishments

• Influence–Breaking the law = consequence •ex: death, cut off hand

Ten Commandments• Definition–Set of moral laws•Ex: don’t kill, don’t steal, don’t cheat

• Influence–Established moral laws in America•Ex: don’t kill, don’t steal, don’t cheat

English Common Law

• Definition–English courts use previous cases to decide crimes and punishments

• Influence–The use of precedence in American court system

Roman Law (Jurisprudence)

•Definition–The study of the law as a profession

• Influence–Law School, Lawyers & Judges

The 4 Types of Laws• Common/Civil Law• Criminal/Statutory Law• Administrative Law• Constitutional Law

Common/Civil Law

• Description–Laws that deal with conflicts between people

• Examples–Divorce Law, injunctions

Criminal/Statutory Law

•Description–A state penal code (statute)

•Example–Theft, arson, assault, robbery

Administrative Law

• Description–A law created by a government agency

• Example–Restaurant ratings, ‘bleeped’ words on the radio

Constitutional Law

• Description– A Law created by the Constitution

• Example–No poll tax (24th Amendment), segregated schools (14th Amendment)

Government Agencies

• CDC• promotes health and quality of life

by preventing and controlling disease, injury, and disability

Center for Disease Control

Central Intelligence Agency (CIA)

• The CIA is an independent agency responsible for providing national security intelligence to senior US policymakers. The Director of the Central Intelligence Agency (D/CIA) is nominated by the president with the advice and consent of the Senate.

• CPSC• protect consumers from risks of

injuries associated with products

Federal Aviation Administration

• FAA • regulates

aviation to promote safety and operates a system of air traffic control

• FDA• Regulates food, dietary

supplements, prescription drugs, cosmetics and medical devices (makes sure these products are safe to consume for use)

Federal Emergency Management Agency

• FEMA• strives to reduce the loss of life and

property from all hazards, including natural disasters and acts of terrorism by teaching people how to get through a disaster, will also help people get back on their feet after a disaster

Federal Communications Commission

• FCC• regulate

communication, including radio, television, wire, satellite and cable

US Citizenship and Immigration Services

• USCIS• regulates immigration and

naturalization services. Settles immigrant visa petitions, naturalization petitions, and asylum and refugee applications.

Internal Revenue Service

• IRS• helps Americans understand and

meet their tax responsibilities. Applies the tax law fairly to all

Drug Enforcement Administration

• DEA• enforces controlled substance laws.

Investigates and prosecutes violators of controlled substance laws. The DEA also seeks prosecution of criminals and drug gangs who perpetrate violence in our communities

Bureau of Alcohol, Tobacco, Firearms, and Explosives

• ATF• Regulates the firearms and

explosives industries to prevent terrorism, reduce violent crime, acts of arson, and illegal trafficking of alcohol and tobacco products.

Law Enforcement and Informing the Public

Turn to page 3 of your qualifier

Law Enforcement

• Find your Law Enforcement graphic organizer we have already completed and put them in your notes. You have 7 minutes to get this completed!

Law Enforcement Agencies

Police

• Jurisdiction–Town or City (CMPD)

• Job–Carry out the everyday tasks (traffic, arrests, 911 calls)

Sheriff

• Jurisdiction–County (Mecklenburg)

• Job–Serve warrants, oversee jails, transport prisoners, courthouse security

State Trooper(Highway Patrol)

• Jurisdiction–State (N.C.)

• Job–Patrol interstates, enforce commerce laws, assist local police

State Bureau of Investigation(SBI)

• Jurisdiction–State (N.C.)

• Job–Investigate criminal activities that deal with more than one part of the state

Federal Bureau of Investigation(FBI)• Jurisdiction–Country (U.S.)

• Job–Investigate criminal activities that include more than one state

Drug Enforcements Agency(DEA)

• Jurisdiction–Country (U.S.)

• Job–Investigate and arrest in drug related crimes

Alcohol Tobacco and Firearms(ATF)

• Jurisdiction–Country (U.S.)

• Job–Catch criminals of alcohol, tobacco, or firearm use

Secret Service

• Jurisdiction–U.S. and rest of World

• Job–Protect the President and other top officials–Investigate counterfeiting (fake $) crimes

Law Enforcement CHALLENGE!!!

• Decide which law enforcement agency will be involved in the following scenarios.

• Don’t show your answers until told to do so. This way you are protecting your team.

Scenario #1

• Jeremiah is driving an tractor trailer down I-77 30mph over the speed limit.

STATE TROOPER

Scenario #2

• A warrant is out for the arrest of Jasmine who robbed two old ladies on Sunday.

SHERIFF

Scenario #3

• A farmer in Cabarrus County is growing an illegal substance in one of his fields

Drug Enforcement Agency(DEA)

Scenario #4

• There is a Timbaland concert at Bobcats Arena and traffic needs to be controlled.

POLICE

Scenario #5

• Two murder crimes, one in Charlotte, the other in Wilmington, have been linked together.

STATE BUREAU OF INVESTIGATION (SBI)

Scenario #6

• A wine maker is transporting bottles across the country without the proper permit.

Alcohol Tobacco and Firearm(ATF)

Scenario #7

• Terrorists in New York are talking to terrorists in Los Angles about another attack on the U.S.

Federal Bureau of Investigation(FBI)

Scenario #8

• There is a riot in uptown Charlotte after the Panthers lose the Super Bowl by 1 point.

POLICE

Scenario #9

• CMPD needs help finding Ms. Huckaby, who fell off a boat on Lake Norman.

STATE TROOPER

Scenario #10

• Black market DVD’s a being smuggled into the U.S. along the eastern states.

FEDERAL BUREAU OF INVESTIGATION (FBI)

Scenario #11

• Snipers are shooting innocent civilians in Maryland, Delaware, and Virginia.

FEDERAL BUREAU OF INVESTIGATION (FBI)OR

ALCOHOL TOBACCO and FIREARM (ATF)

Scenario #12

• Ms. Nall is being brought to trial for the murder of a student who didn’t do his homework. Security is needed at the courthouse.

SHERIFF

Scenario #13

• Mr. Leichner was murdered in his Mecklenburg County home, but his body was found in a Gaston County park.

STATE BUREAU OF INVESTIGATION (SBI)

Scenario #14

• A huge drug bust is about to take place in Charlotte.

Drug Enforcement Agency (DEA)

Scenario #15

• The President is traveling to Iraq to surprise the troops during Thanksgiving.

SECRET SERVICE

• When different law enforcement agencies from two areas of jurisdiction work together to return a suspect to the place of a crime, it is known as _________________.

EXTRADITION

What is retribution?

• A criminals payment to society for committing a crime.–Prison time, fine, death penalty, re$titution

What is re$titution?

• A criminal pays the victim money as part of his or her punishment

DISCUSS: How is restitution different from a fine?

What are possible punishments for a convicted Felon?

• Prison• Death Penalty• Loss of privilege• Restitution

What are possible punishments for someone guilty of a misdemeanor?

• Fine• Community Service• Probation• Jail time

What are possible punishments for convicted minor?

• Juvenile Detention• Probation• Community Service• Boot Camp

THE GOAL IS REHABILITATION!!!!

The “Full faith & credit clause”

Page 3, #4• Allows one states to uphold the laws

of another state. • EX: A 15 year old S.C. can drive by

herself in N.C.

What is meant by the statement…

• “Ignorance of the law is no excuse”?

• A person who is unaware of the law cannot escape liability for violating the law merely because they were unaware of the law.

Discuss: Is this a good policy?

Ways citizens can inform themselves of new laws…

• attend town meetings,• public hearings, or• public forums• media• utilizing government publications and

websites

Ways the government can inform citizens of new laws

• public debates• franking privilege• press releases• update government publications and

websites• Examples– Click it or ticket campaigns–Move over laws

Retribution

• Turn to page 3 of your qualifier!!!

Define retribution – – Punishment given after being convicted

of a crime.

Types of Punishments (Retribution) for convicted felon

• Turn back to page 8

• Prison terms of substantial length• Loss of Privileges such as professional

licenses, public offices, or public employment, driver’s license

• Capital Punishment-a sentence of public execution

• Restitution- pay money to the victim or the judicial system

Types of punishments- guilty of a misdemeanor

• Prison lasting usually no longer than 12 months. Sometimes even part time imprisonment, weekend stays, etc..

• Community Service• Fines• Probation

Types of punishment – convicted minor (<18yrs)

• Boot Camp programs instill discipline, education, and civic responsibility in youth offenders.

• Probation a suspended jail sentence for the convicted to be rehabilitated by the community

• Community Service• House Arrest

What is the goal in punishing minors compared to punishing adults??

• rehabilitation – to correct the wrong decisions of minors in hopes they will not make bad decisions when they are adults

Supreme Court CasesGoal 6

Korematsu v. United States (1944)

• Amendment at question?– 14th (equal protection)

• Story– Japanese-Americans

forced to move from the west coast to internment camps during WWII

• Impact– Can take away civil

rights of a single racial group if protecting national security

Regents of the University of California v. Bakke (1978)

• Amendment at question– 14th amendment (equal protection)

• Story– White student rejected by a medical school

even though his GPA was higher than some minority students. Bakke claimed reverse discrimination.

• Impact– Race can be one of the factors when

choosing students for a diverse student body. Quotas (a set number) are not allowed.

New Jersey V. TLO (1985)• Amendment– 4th searches and seizures– 14th equal protection

• Story– Accused of smoking in bathroom, was

searched and had cigarettes, marijuana, and evidence that she was dealing drugs. Claimed evidence obtained by “unreasonable” search

• Impact– Schools can search as long as there

is a “reasonable suspicion” do not have to prove “probable cause”

Roe v. Wade (1973)• Amendment– 9th (right to privacy)

• Story– Texas woman

challenged the state law forbidding abortion

• Impact– Court upheld a

woman’s right to choose whether or not to end her pregnancy through the 1st trimester (1st 3 months)

Texas v. Johnson (1989)

• Amendment– 1st (freedom of speech)

• Story– Man arrested for

burning a flag which violated Texas state law

• Impact– Flag burning is

protected under free speech/protest

What types of cases does the US Supreme Court have original jurisdiction?

• Disputes between states• Conflicts with foreign gov’ts or

officials

What are the two sides of a civil trial?

• Plaintiff v. defense

• What do these two sides usually end up doing about their dispute? Why?– Settling outside of court because court

fees are expensive