Unit 5

The Duties and Responsibilities of CitizenshipResponsibilities are thing we fulfill

voluntarilyDuties what we are legally required to

perform, if we fail to fulfill our duties we risk punishment (jail time, fines, etc.)

Duties1.Obey laws- most important duty2.Pay taxes- fund government activities3.Defend the nation- register for the draft4.Serve in court- Constitution guarantees

right to trial by jury, must serve if called5.Attend school- provides knowledge and

skills to make wise decisions and become an informed citizen, express opinions and views

The Duties and Responsibilities of CitizenshipCivic Responsibility1.Be informed- responsibility to know how

government decisions affect your life, knowing your rights

2.Speak up and vote- government based on consent of the people, your voice is heard through voting to give your consent to the government

3.Respect others’ rights- respect to diversity, property of others; practice tolerance, American strength through history has been its diversity

4.Contribute to the common good- time and effort to improve your community

Services provided by the government- defense, education, police/fire protection, environmental protection

Chapter 15

Sources of Our LawsA. Laws are set of rules that allow

people to live peacefully in society

B. Provides boundaries, what is and is not permitted

C. Sets punishments to discourage criminals

D. Include administration of justice (courts), enforcement (police)

E. Set rules for resolving civil disputes (money, property, contracts, noncriminal matters)

F. Laws must apply to all equally

Sources of Our LawsLaws existed in earliest human societies;

help prevent or cope with conflictFirst system of written laws was

Hammurabi’ s Code (Mesopotamia)Ten Commandments laws for Hebrews living

in PalestineRoman law (jurisprudence) issued by

judges and emperorsRoman law became too complicated, was put

in order by Emperor Justinian (Code of Justinian)

Laws of Roman Catholic Church (canon law)French emperor Napoleon Bonaparte

established the Napoleonic Code, updated Code of Justinian

Most countries live under interpretation of Napoleonic Code today (Louisiana only state in US under Napoleonic Code)

Sources of Our LawsSource of American law English common law, based on

court decisions rather than legal code

Judges decided cased based on previous decisions (precedent), opinions became part of common laws

Blended Roman law, canon lawCame to include trial by jury,

presumed innocenceBecame law for British coloniesWritten laws, and acts of

legislatures (statutes)Traditions of English laws were

brought by colonists to America

Types of LawsCriminal LawsSeek to keep people from directly

harming each otherAmerican courts operate under

adversary system of justiceCourtroom arena for attorneys from

opposing sides to present casesJudge impartial and fair to both

sidesCriminal cases government is always

plaintiff (brings charges against criminal), person that has charges brought against them is defendant

Felonies are serious crimes, serious consequences, misdemeanors are minor crimes

Types of LawCivil LawDisputes where no criminal law

has been brokenNot viewed as threat to societyCases called lawsuits (legal

action where person, group sues to collect damages for harm)

Cases deal with contracts, harm from wrongful actions, copyright issues, family law

Torts person suffers injury and sues other person for negligence

Lawsuits attempt to recover damages or costs

Types of LawPublic LawConstitutional law- deals with violations of

Constitutional rightsAdministrative law- rules and regulations of

government agenciesInternational Law Treaties, agreements among nations, trade

regulations, violations of international law Brought to World Court in the Hague,

Netherlands World Court does not have power to enforce

laws, groups agree to follow decisions

The American Legal SystemMost American law is written

statutes, passed by Congress and state legislatures

U.S Constitution basic law of land

Courts base rulings on precedent and written laws

Article I of Constitution includes several basic rights:

Writ of habeas corpus- explain why person being held

Bill of Attainder- forbids punishing person without trial

Ex post facto law- prevents person from being punished for action committed when it was not against the law

The American Legal SystemConstitution guarantees in the Bill of

Rights; rights for those accused of a crime

Fourth Amendment and Fifth Amendment protect due process of law (depriving person of life liberty or property illegally)

Constitution defines only one crime –treason, can’t punish person for criticizing government

Fourth Amendment- protects against illegal search and seizure, government must have a search warrant

Fifth Amendment- people can’t incriminate themselves, can’t be tried twice for a crime (double jeopardy), if accused of serious federal crime have to be brought before a grand jury to see if there is enough evidence for a trial

The American Legal SystemSixth Amendment- right to fair

and speedy trial, representation by an attorney, trial by jury, hear and question witnesses

Jury drawn from local populationCan call for a bench trial where

only judge hears caseSome trials are plea bargained

(agreement between prosecution and defendant), agree to a lesser charge and must be agreed upon by judge

The American Legal SystemEighth Amendment- outlaws cruel

and unusual punishment, punishment must fit the crime

Sparked controversy over how to administer death penalty

1972 Furman vs. Georgia ruled death penalty unconstitutional, target poor and minorities; did not outlaw death penalty

States have revamped death penalty laws to comply with decision

Prohibits excessive bail (money paid to release person from jail)

For serious crime high bail set, minor crime judge will release person on own recognizance

Chapter 16

Civil CasesParty bringing case- plaintiffClaims to have suffered loss and

seek damages (award of money)Defendant- party being suedCourts job is to resolve

differences between two partiesLawsuits of less than a few

thousand dollars handled in small claims court

More money= more attorneys, juries and larger civil courts

Lawsuits involve property, contracts, family matters, negligence or personal injury

Civil CasesSuits in Equity System of rules by which

disputes are resolved on the grounds of fairness

Person seeks fair treatment where there is no existing law to help decide the matter

A judge hears these cases and may issue an injunction court order to stop a certain action

Civil Cases How To Sue Someone Bringing Suit Lawyer files a complaint with the court Court sends defendant a summons, orders him to appear Defendant’s Response Defendant’s attorney files response to admit to the charges or offer

reasons why he is innocent Complaint and the response called pleadings Lawyers for both sides gather evidence, question witnesses

(discovery) Pretrial Discussions Both parties clarify differences between the two sides, prepare for

the trial One side may believe case is weak and will quit; others go through

mediation Mediation neutral moderator between both sides as they try to talk

out a solution Two sides may also submit their dispute to an arbitrator who will

listen to the facts and come to a binding conclusion Most cases are settled out of court and never see trial

Civil CasesThe TrialIf there is no settlement case goes to

trialSometimes a jury trial, often just a

judgeBoth sides present case to judgeDo not have to prove guilt, just a

preponderance of evidence that defendant was negligent or responsible

If plaintiff wins judge sets remedy, if defendant wins plaintiff gets nothing, has to pay court costs

Case can be appealed to higher courtLarge cash settlements often appealed

to reduce award

Criminal CasesCrimes act that causes harm to

societyWritten in federal and state penal

codePenal code spells out punishment for

crime, establishes classifications for crimes and penalties

If convicted of a crime usually face jail time

After serving jail time some prisoners eligible for parole, if granted they must report to parole officer for remainder of sentence

Critics of parole system- say it does not properly punish, in response many crimes have mandatory sentencing

Criticism of mandatory sentencing- harsher penalties that don’t fit the crime

Criminal CasesTypes of Felonies Crimes against people:

murder, manslaughter, assault, kidnapping

Victimless crimes: gambling, drug use, etc. These crimes are hard to enforce because there is no victim to bring a complaint

Criminal CasesAt each step defendants are

entitled to protection under Bill of Rights

ArrestPolice make arrests if they have

witnessed a suspected crime, if a citizen has made a report of a crime, or if a judge has issued an arrest warrant

When making an arrest a police officer must read you your rights (Miranda Warning)

From Supreme Court case Miranda v. Arizona of 1966

After being arrested, suspect is taken to police station and booked, fingerprinted, photographed

Criminal CasesHearing, Indictment, and ArraignmentAfter being booked, suspect appears in court;

informed of charges Prosecution needs to show probable cause that

accused committed crimeJudge either sends accused back to jail, sets bail,

or releasesMany courts use grand juries to indict (formally

charge with a crime) person with a crime Defendant appears in court for arraignment

(formal presentation of charges) where he will enter a plea of guilty, not guilty, or no contest

Sometimes after reviewing the case a defendant’s attorney may accept a plea bargain

Criminal CasesTrialDefense and prosecution interview potential

jurors, witnesses, study facts affecting the case before trial

During the trial both sides present their cases, call witnesses, and cross-examine the other side’s witnesses

After closing statements, the jury then goes off to deliberate

The Verdict and Sentencing Jury reviews evidence and votes , to decide

guilt Requires “beyond a reasonable doubt”, if the

jury has any doubt they vote not guilty If acquitted of charges defendant is set freeWhen a jury cannot decide the judge

declares a “hung jury” and rules the trial a mistrial

If found guilty, the judge decides on a sentence

Defendant can appeal verdict to higher court

Young People and the CourtsIn most states anyone under

the age of 18 is considered a juvenile

Juvenile delinquents treated differently than adults, older juveniles with criminal records can be tried as adults

Factors for juvenile delinquency: growing up in poverty, abuse or neglect, emotional or mental problems

Most crimes juveniles commit are misdemeanors

Young People and the Courts

Stages in the Juvenile Justice SystemPrimary goal of juvenile courts is to rehabilitate a

behavior,Court system works to do whatever is in the best

interest of the young peopleTwo types of cases: neglect and delinquencyNeglect -juveniles who are neglected or abused by

their caregivers Delinquency - involve juveniles who commit crimesHandles cases in which juveniles perform acts that

are considered illegal for juveniles but not for adults (running away, skipping school, violating curfew)

Young People and the CourtsDiversion or DetentionAfter a juvenile is arrested, the

parents or caregivers are notifiedMost cases handled by special

police officers, place them in special programs

Programs include counseling, job-training, and drug-treatment; forms of diversion

If judge feels that the juvenile is dangerous to themselves or others, juvenile placed in detention or confinement in a juvenile prison

Young People and the Courts Juveniles that are held for trial have a

preliminary hearing (to determine if there is probable cause to hold them)

Hearing is informal meeting with probation officer, police officer who made arrest, judge, lawyer

Trial witness called and cross examined, court closed to public

Judge decides if juvenile is delinquentSystem tries to protect juveniles by keeping

identity secret, not allowing public to see criminal records

Criminal records erased when offender turns 18 If found guilty court holds hearing for

disposition which is like sentencingSentencing can be from a reformatory, treatment

center, agreement to stay in school, can become wards of the court and placed in foster care

Main emphasis is rehabilitation, not punishment

Young People and the CourtsSupreme Court Rules1967 In re Gault case

established rules in juvenile criminal cases

1.Parents of guardians must be notified

2.Have right to attorney3.Right to confront

witnesses4.Right not to be forced

to incriminate themselves

A. Internet increasing opportunities for people to participate in democracy

B. Helps people to stay informedC. Allows us to gather information

form news websites, research and educational institutes, special interest groups (some have bias, some don’t)

Government institutions have websites, makes it easier to be informed of policy decisions and to provide for more efficient government (car tags, marriage licenses, etc.)

Changes how we participate in election campaigns

Learn about candidates background, voting record and political activities

Candidate websites tend to be one sided (biased), support candidates and their ideas

Citizens set up independent websites to support a particular candidate or cause (called grassroots website)

Positives and Negatives- Provides inexpensive and convenient way for people to get involved, sites may contain misinformation, links to extremist groups that candidate does not support

Web can promote democracy and promote freedom of speech by allowing information and ideas to be exchanged freely

Hoped to undermine authoritarian regimes (where one person or a small group holds power)

Authoritarian governments have found ways to censor and limit information

Many of these regimes have shut down dissident groups websites (people who disagree with the established political system)

A. Digital divide- people not wired risk being shut out of information

Access determine by race and income level Schools, libraries, businesses have begun to address

problems of “digital divide”B. Extremist Groups- internet host for hate groups and

extremist political groups Allows them to band together and spread propaganda,

sends out misleading and manipulative information Internet helps strengthen intolerant extremist

movements and can weaken national unity

Threats to privacy Law enforcement working to

stop cybercrime FBI looks for extremist words or

phrases on websites Concern about invasion of

privacy by government, looking at what people do on the internet (4th Amendment issues)

Employers can watch employees online actions

Companies use internet information to target consumers, sell information to other companies

Internet Speech Children's Online Privacy Protection Act

(1998) established privacy policies for collecting and using information from minors

Communications Decency Act (1996) makes it a crime to send or display indecent or obscene material over the internet to those under 18

This law was challenged in court, the American Civil Liberties Union (ACLU) claimed this violates the rights of adults

Supreme Court ruled that Internet should have protection of First Amendment and that parts of law were unconstitutional

Online school publications can be regulated though

Supreme Court ruled in U.S. v. American Library Association (2003) that putting filters on computers does not violate free speech

Intellectual Property American legal system regulates

right of individuals to own private property, use it as they wish

Special rules apply to intellectual property(things people create like music, movies, books)

Only author has right to profit from these creations

Constitution protects intellectual property (Article1, Sec. 8)

Copyrights are the owners exclusive right to publish and sell original work

Computers and internet make it easy to copy and distribute intellectual property

Napster began in 1998 as a music service, could download copyrighted songs for free

Creators of music wanted their cut, argued that copyright laws were violated

Courts shutdown Napster and forced them to charge for music downloads

1998 Congress passes Digital Millennium Copyright Act made it a crime to illegally download software and copyrighted material

Many claim this violates First Amendment

E-Commerce Billions spent online, keeps

customers from paying sales tax, states and federal governments lose out on revenue

Movement to tax online sales, problem is collecting taxes that vary from state to state, one solution would be an online tax that was uniform across the country

Internet at school Law requires that schools install

filters that block student access to certain websites and monitor internet traffic

Policies will continue to evolve in this area as internet becomes even more integrated into education