The American Legal System

Chapter One

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Civil vs Criminal

What is the difference?

Sources of Law-Federal Constitution - No higher law

ex post facto laws prohibited– acts must have been criminal at

time it was committed– sentences must not be harsher

than at time crime was committed–rules of evidence must not be more favorable to prosecution than they were at time crime was committed

Sources of Law-Federal Constitution - Con’t

Bills of Attainder prohibited – bill passed by legislature that

names individual or group and gives them the status of being convicted without having a trial, seizures in felonies

Writ of Habeas Corpus can only be suspended due to rebellion or invasion

Sources of Law-FederalFirst Amendment

freedom of speech–fighting words/obscenity not protected–any regulation of speech must be content neutral

freedom of press–sometimes conflicts with ability to find impartial jury

free exercise of religion

Sources of Law-FederalFourth Amendment no unreasonable searches

and seizures probable cause requirement warrant clause plain view exception reasonable suspicion for field

interviews

Sources of Law-FederalFifth Amendment privilege against self

incrimination Miranda warnings required prior

to custodial interrogation Double Jeopardy

Sources of Law-FederalSixth Amendment — defendant

(person charged with a crime) has the following rights:

speedy trial public trial jury trial either defense or prosecution can

demand a jury

Sources of Law-FederalSixth Amendment case tried without a jury is called

a bench trial impartial jury jury has the right to acquit the

defendant even though the evidence supports a conviction (called jury nullification)

informed of charges

Sources of Law-FederalSixth Amendment cross examine prosecution

witnesses subpoena witnesses for defense assistance of counsel

Sources of Law-FederalEighth Amendment no cruel and unusual

punishment no excessive bail or fines

Sources of Law-FederalDue Process (14th Amendment) laws must not be vague may not vest too much

discretion in police

Sources of Law-FederalEqual Protection (14th

Amendment for states; 5th Amendment for federal cases)

no laws discriminating on the basis of race, religion, etc.

no imprisonment for failure to pay fine if legitimately unable to do so

Sources of Law-Federal(No longer Constitution)United States Code—Enacted by U. S. Congress—Title 18 contains most federal

crimes—applies to crimes occurring on

federal land and also to some interstate crimes

—Civil Rights Act

Sources of Law- StateState constitutions Establishes rules for operation of state

government Contains Bill of Rights

• Majority vote usually required to amend state constitution

Sources of Law- StateState statutes

Enacted by state legislature and signed by governor– Legislature has authority to override veto by

governor Statutes apply statewide Amendment of statute requires vote of

legislators – Simple majority of each house of legislature– Statutes may be added by ballot initiative

Sources of Law- StateSunset laws - enacted with a

clause which makes them expire automatically on a given date or after a given number of year

Sources of Law- StateLocal Ordinances Enacted by City Council, County

Board, etc

– State Constitution establishes local authority

– limited to specified subjects

– restricted to enacting misdemeanors and infractions

Sources of Law- StateLocal Ordinances Apply only within geographical

boundaries of agency enacting law– when there is a conflict between

state and local state law prevails except when state law delegates authority

Sources of Law- CommonCommon law Law of England at time

colonies settled Heavy reliance on precedent

Legislative StructureFederal Bills stand test of Constitution Only way around constitution is

constitutional amendment –3/4 state houses request convention•ratification by congress

–Ratification by congress•3/4 state houses pass amendment

Federal Laws Under Construction

Congress Executive Public

Judiciary

Constitutional

Unconstitutional

Legislative StructureState Must conform to state &

federal constitutional standards

Georgia is set up like U.S. Congress

Structure of Judicial System

Federal .

U.S. Supreme Court

U.S. Court of Appeals

U.S. District Court

Structure of Judicial System

State - Misdemeanor

U.S. Supreme Court

Magistrate/Municipal

Ga. Supreme Court

State Court

Ga. Court of Appeals

Structure of Judicial System

State - Felony

U.S. Supreme Court

Initial Hearing

Ga. Supreme Court

Superior Court

Ga. Court of Appeals

Authority of CourtsJurisdiction Geographic Subject Matter - Felony/Misd.Venue Federal/State State exceptionsEvidence Exclusionary rule

Roles of the ParticipantsLaw Enforcement detect crime and enforce laws discretion on how strictly to enforce

laws utilization of resources effected by

local politics

Roles of the ParticipantsProsecutor gatekeeper to judicial process reject "weak" cases select cases to prosecute within limits

of available resources

Roles of the ParticipantsDefendant innocent until proven guilty not required to establish own

innocence privilege not to incriminate self

Roles of the ParticipantsDefense attorney use all legal means to defend client's

rights responsible for tactical decisions in

preparing case

Roles of the ParticipantsJudge duty to be neutral discretion to make rulings on

admissibility of evidence maintains decorum in courtroom admonishes jurors on law decides guilt of defendant if jury trial

was waived

Roles of the ParticipantsJury decide case on the facts introduced at

trial collective conscience of community may ignore law and acquit defendant

Roles of the ParticipantsAppellate Courts review criminal convictions rule on judge's decision to admit

evidence at trial verify jury was given correct statement

of law reverse conviction if trial errors were

prejudicial Interprets the Constitution

Lady Justice Woman - Compassion Blindfold - Equality Scales - Fairness/Truth Sword - Power Serpent - injustice/evil

The American Legal System

Chapter One