Our Basic Legal Rights Our Basic Civil Liberties and Freedoms come from the BOR -The Bill of Rights -Built off of the ideas of John Locke’s Social Contract Theory, Natural Rights Theory, and the English documents the Magna Carta (Rights of the Accused) and The English Bill of Right)
19
TOTD 5/18/11 TOTD 5/18/11 1. 1. The term for an accident caused by the The term for an accident caused by the careless acts of an individual is called? (pg careless acts of an individual is called? (pg 50) 50) 2. 2. What is the difference between a misdemeanor What is the difference between a misdemeanor and a felony? (pg 50) and a felony? (pg 50) 3. 3. What are the two goals of punishment (jail What are the two goals of punishment (jail time)? (pg 50) time)? (pg 50) 4. 4. What was the first code of laws in the world What was the first code of laws in the world that was based off the idea of “eye for an that was based off the idea of “eye for an eye”? (pg 48) eye”? (pg 48) 5. 5. What document in 1215 gave the idea of rule of What document in 1215 gave the idea of rule of law and equality under the law? (pg 48) law and equality under the law? (pg 48)
Transcript
TOTD 5/18/11TOTD 5/18/111.1. The term for an accident caused by the careless acts The term for an accident caused by the careless acts
of an individual is called? (pg 50)of an individual is called? (pg 50)2.2. What is the difference between a misdemeanor and a What is the difference between a misdemeanor and a
felony? (pg 50)felony? (pg 50)3.3. What are the two goals of punishment (jail time)? (pg What are the two goals of punishment (jail time)? (pg
50)50)4.4. What was the first code of laws in the world that was What was the first code of laws in the world that was
based off the idea of “eye for an eye”? (pg 48)based off the idea of “eye for an eye”? (pg 48)5.5. What document in 1215 gave the idea of rule of law What document in 1215 gave the idea of rule of law
and equality under the law? (pg 48)and equality under the law? (pg 48)
Where do our Rights Where do our Rights Come From?Come From?
Copy the words in yellow that represent where your rights come from into the empty spaces on pg 49! I will be collecting this page!
Our Basic Legal Rights
Our Basic Civil Liberties and Freedoms come from the BOR
-The Bill of Rights -Built off of the ideas of John Locke’s Social Contract Theory, Natural Rights Theory, and the English documents the Magna Carta (Rights of the Accused) and The English Bill of Right)
Writ of Habeas CorpusCourt order that requires police to bring a prisoner to court to explain why they are holding the person.
-Must be told of your accused crime!
DUE PROCESS- 5th Amendment
No Bills of AttainderGovernment Can’t pass any:
Bills of AttainderLaws that punish a person w/o access to a jury trial6th Amendment- right to a jury trial of your peers!
No Ex Post Facto Laws
Ex post facto laws
Laws that make an act a crime after the act has been committedNOT ALLOWED
DUE PROCESS- 5th Amendment
Due Process and Equal Protection of the LawORIGINALLY 5TH AMENDMENT GAVE DUE PROCESSAfter Civil War-
14th Amendment gives Due Process and Equal Protection (Equal Citizenship to all Americans
Constitutionally Defined Treason
Only Crime defined in the constitution.
Treason- Doing anything to turn against and do harm to your country of origin
Article 3 of the Constitution- Powers of the Judicial Branch
Innocent Until Proved Guilty
Rights of the Accused come from Magna Carta originally and are located in our Bill of Rights
All citizens are guaranteed a jury trial of their peers, an attorney to defend themselves, and many of their rights to help prove their innocence defined in the-
5th, 6th, and 7th Amendments
Right to a Grand Jury
Decide if there is enough evidence to take a case to trial.
5th Amendment
No Forced Self-Incrimination
You can not be forced to confess a crime against your will!
5th Amendment
Be Informed of all Accusations Against You
You must be read your rights and explained your charge!
6th Amendment
Right to Hear and Question All Witnesses
5th Amendment
Due Process under the law
Right to an Attorney
Right to AttorneyCase of Gideon v Wainwright
Guarantees lawyer even if you can’t afford one
6th Amendment
Speedy and Public Trial
While some cases take a long time to complete, this is do to the very high level of caseload our court systems handle.
Major cases, and cases appealed in lower courts can take years to resolve. But imagine if you remained in jail for 20 years until your case was finally heard!
Cases also is heard in public government meetings and all records are public information!
6th Amendment
Trial by a Jury
6th Amendment/ 7th Amendment
Criminal and Civil Cases
No Double JeopardyCan not be charged for the same crime twice!!
But- You can be charged in both Criminal and Civil Courts for the same crime.
Example- O.J Simpson was acquitted in the criminal case but found guilty in the civil case.
Right to an Appeal
If you feel that your case was decided unfairly, you may appeal your case to a higher court!
1. Due Process
2. No Bill of Attainder and Writ Certiorari
Right to no High Bail, Fines, or Cruel and Unusual
