Criminal LawUNIT I INTRODUCTION
Chapter 1
Terms to Know:
Criminal LawPreponderance of the EvidenceSupremacy ClauseLegislative Intent
Civil LawBeyond Reasonable DoubtPublic HearingsAppeals court
FelonyClass Action LawsuitBillsPrecedent
MisdemeanorLimited governmentreferendumIndependent Counsel
ProsecutorChecks and BalancesinitiativeConflict of interest
DefendantJudicial ReviewrecallPlaintiff
StatutesAdvocacylobbying
Types of law
A. Criminal law:
1.Regulates all of the laws of society versus individual citizens.
2. Government bringing changes against a victim whether the victim wants to press
charges or not.
3. Penalties are fines, imprisonment, prison, suspending sentences, community
services, and probation.
B. Two kinds of Criminal Law:
1. Felony: Any crime in which penalty in more than 1 year in prison
Ex: murder, robbery.
2. Misdemeanor: Any crime in which penalty 1 year or less
Ex: simple assault, minor theft.
C.Civil Law:
1.Regulates all of the laws of society between individual citizens or groups.
2.A Class Action Lawsuit is a lawsuit in which many citizens are represented.
3.Defendant is the person or group that is being charged by the gov't in a criminal
case or by an individual in a civil case.
4.Plaintiff is the person or group that is making the charge or accusation in a civil
case against an individual. In a criminal case they are referred to as the
prosecution.
D.Difference between a criminal case and a civil case:
1.Criminal cases must be concluded with proof that is "Beyond Reasonable Doubt"
which means the judgment is 100% absolutely sure.
Criminal cases must be concluded with proof that is" Preponderance of the Evidence" which means the judgment is 51% sure or most likely yes rather than no.
Ex.Criminal trial O.J. Simpson was not guilty
Civil trial O.J. Simpson was guilty
2.Criminal cases the penalty is fines, imprisonment, prison, suspending sentences,
community services, and probation.
Civil cases the penalty is fines, restitution to victim or some other service or
remedy that does not include jail time.
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Our Constitutional Framework
A. The Constitution is the highest law of the land (A.K.A. Supreme Law of the Land)
B. Principals of Constitution:
1. Limited government: gov't is restricted in constitution to the duties that
are specified in constitution.
2.Separation of Powers: This idea is to divide powers (duties) of gov.'t
into 3 branches of gov.'t to prevent abuses and corruption.
A.Executive; President. Enforces the law.
B.Legislative;Congress. Makes the law
C.Judicial;Courts. Interprets the law
3.Each branch effects our laws with their own powers.
A.Executive; President. Issues executive orders
B.Legislative;Congress. Passes statutes, laws, bills
C.Judicial;Courts. Makes statements of Judicial
Review which is the interpretation
of laws or rules the actions of gov.'t to be
unconstitutional
4.Checks and Balances: system that allows the branch over see or check other branches to make sure that one branch doesn’t have to much power.
5.Federalism- divides powers (Duties) between the federal and the state
governments.
A.If there is a conflict the federal gov.'t is supreme, because
of the Supremacy Clause in Article VI of the Constitution.
B. Most civil/ criminal laws are state laws
6. Bill of Rights- states the individual rights of citizens.
A.The effect of the Bill of Rights is that it the "limits" power
of government by giving citizens rights that the gov.'t
cannot take away.
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Chapter 2
Law Making
A.5 sources of laws
1.Congress makes laws for the nation.
Ex.Treason, post office, currency
2.Citizens vote for laws.
Ex.Parks and Rec., land use
3.Government Agencies make laws to govern their area of regulation.
Ex. F.D.A, A.M.A., F.C.C.
4.Courts influence laws by the way they interpret laws.
Ex.Affirmative Action, legalizing drugs, assisted suicide, abortion
5.President can issue executive orders that have the force of law.
Ex.Japanese camps, firing of air traffic controllers, get rid of Joe Camel
a.Some executive orders are unconstitutional; ex Japanese camps
b.Orders are only valid while that president is in office.
B.Legislature
1.Both federal and state have lawmaking bodies.
A. Federal = Congress
B.State = Legislature
C. Local = City Council
2.Federal statutes concern national issues
Ex. Environment, defense, labor relations, taxes
3.State statutes concern state issues
Ex. Education, taxes, traffic, family
A. States have more laws than federal government.
B. If conflict, federal wins "supremacy"
4.Local laws are called "ordinances" or "regulations" and concern local issues.
Ex. Land use, parking, local traffic, local businesses.
5. A "Bill" is a reference to a proposed law at any level. Once passed the Bill is now called a law.
6.Once a law is passed there is often a dispute over its interpretation. Courts must
decide what was the "legislative intent" when deciding what a law means.
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Drafting a Bill
A.Writing a bill (law) may seem easy , but it is not because words can be interpreted
differently. This requires many drafts and re-drafts before a bill is worded properly.
Ex. No smoking laws or possession of tobacco.
B.Lawmakers must be careful that laws are not "vague" but very "clear" to avoid confusion.
Agencies
A.These government agencies are created by state and local gov.'ts to deal with specific
issues. Ex. OSHA (Occupational Safety and Health Administration) regulates safety in
the work place; guard rails, fire exits etc.
B.These agencies are "Hidden Law Makers" because they affect our daily life without a lot
of public notice. Ex. Bar closing times, pesticide usage, ingredients in our food, burning
leaves and garbage.
C.Agencies pass laws more easily, without the complexities of large groups or committees.
Instead they may hold "public hearings" to allow citizens to voice their opinion, but
other than that there is little to check them from passing local laws.
D.Recently it is common to hear complaints that agencies are making too may restrictive
rules on individuals and businesses.
Courts
A.Although making law is not a clearly defined role of the courts it does have an effect
on laws by the way it interprets laws. Ex. Consider smoking laws; does it also mean
chewing tobacco.
B.Law breakers are judged in "trial" courts first. If they disagree with the verdict they may
"appeal" to a higher court called an "appellate" court. The ruling from the appellate
court sets a "precedent" that similar court cases are suppose to follow.
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Chapter 3
Citizen Advocacy
A.Advocacy is the skill of persuading others to your point of view.
1.Citizens can advocate laws indirectly or directly
A.Indirectly, by voting for representatives to state and federal legislatures
B.Directly, by being a law maker, dealing with a law makers face to face or
serving on committees.
B.Lobbying
1.Lobbying is the process of trying to persuade a lawmaker to vote according to
your ideas.
2.The word comes from early citizens that would wait for lawmakers in the lobbies
of congress until they could talk to them as they left their meetings.
3.Lobbying involves 1st amendment rights of free speech, free press and freedom of
association.
4.Today lobbying is mostly done by groups; ex. N.R.A., M.A.D.D.,
5.There are rules concerning lobbying so that it is not abused.
Ex.1. Lobbyist must register with Congress
2.File reports 4 times a year of their activities
3.Identify clients
4.Identify which areas and laws they will be lobbying
6.Most lobbyist are trained professionals that are paid well to be an advocate for the
group that they represent
7. Critics argue:1.lobbying allows big money people and busnisses
to "buy legislation" and have an unfair influence on
Gov.'t
2.it creates "corporation" gov.'t
8.Supporters argue1.It is my money and in capitalistic America I can
spend it as I want.
2.Free speech is our right and a legal way to have
influence.
C. Voting - A Constitutional Right
1.Requirements to vote
1. 18 years old (used to be 21 - 26th amendment made it 18)
2. U.S. Citizen
3. Register in your community;
Many states let you register when you get your driver's license.
2. Americans vote in national, state and local elections for officials to represent
them. This is known as a `Representative Democracy".
3. An "Initiative" is a procedure that allows citizens to gather enough petitions
signatures, so that the legislature is then forced to put the issue on the ballot to be
voted on by the citizens. If the legislature want to they can vote on the petition
issue without a ballot vote.
Ex. Laws on gun control, abortion, drugs, homosexual rights, parks, roads etc.
4. A "Referendum" is a legislative procedure in which the legislature initiates a law
for the citizens to vote approval or rejection.
Ex. Laws on gun control, abortion, drugs, homosexual rights, parks, roads etc.
5. Allowing citizens to vote directly on initiatives and referendums is considered a
more "Democratic" process of gov.'t., because it allows citizens to voice their
opinion directly.
Ex. California's Initiative to refuse gov.'t benefits to illegal aliens in areas of
Education and health care. Although most of it was ruled by the high court
to be unconstitutional.
Maine (and other states) have passed referendum to allow discrimination
against homosexuals. These laws are being contested as unconstitutional.
6. A recall vote to remove an elected official can be initiated by citizens.
An elected legislature can impeach an elected government official.
7. Voting Rights have not always been granted to all citizens nor was voting easy.
A. Blacks did not get the right to vote until 1870 (15th Amendment), but it
still took decades for blacks to feel comfortable to register and to actually vote.
B. Women did not get the right to vote until 1920 (19th Amendment)
C. Native American Indians were not considered citizens until 1924 and
therefore did not vote prior to 1924.
D. Other obstacles or road blocks to get some citizens from voting.
1. Poll Taxes - a tax to vote that prevented poor citizens from voting
2. Literacy Tests - if you can read and write you can't vote.
3. Character exams - if you are an unfit citizen you can't vote.
4. Other - Beatings, loss of job, cross-burning, lynching
8. Felony criminals lose their right to vote, but some states reinstate the right after
5 years of good behavior.