Unit 1 - Intro to the US Legal System

Law

Provides structure, order, and guidelines for acceptable behavior in society

4 Main Elements of the Law

• A body of rules

• Enacted by public officials

• Legitimately enacted

• Backed by the force of the state

Lady Liberty- Weigh Scales

Balance & Weighing of Evidence

Lady Liberty - Blindfold

Impartiality & Fairness

Lady Liberty - Sword

Authority & Power

Lady Liberty - Serpent & Book

Wisdom & Law

Components of the CJ System

Police, Corrections, Courts

• Interdependent

• Fragmented

Criminal Law

Governs offenses against society ( murder, theft, etc)

• The government prosecutes the accused

• Beyond a reasonable doubt

Civil Law

Governs disputes between individuals (contracts, divorce, etc.)

• Usually over rights, responsibilities, or money

• Preponderance of the evidence

Substantive Law

Defines rights and duties (case law as it’s written)

• dictates “what” the law is

Procedural Law

Outlines how laws are enforced (courtroom procedures)

• dictates “how” the law is applied/enforced

Precedent

Based, found in multiple sources and evolving

• Judge made law developed through case descions

Hierarchy of American Law

• Constitution

  • Supreme Law (federal and state)

• Statutes/Statutory Law

  • Laws passed by legislature

• Administrative Regulations

  • Rules from agencies

• Judge-Made Law

  • Interpretations from courts

The Adversary System

U.S courts follow this model: two sides present evidence and arguments

• Safeguards of this system

  • Constitutional protections (search/seizure limits, right to counsel)

  • Multiple actors (judge, lawyers, jurors) prevent abuses

  • Presumptions: Innocence and sanity

Due Process

Fairness in legal procedures

• Ensures the accused will be notified of charges, opportunity to be heard, and unbiased process

Bill of Rights

• First ten amendments to the Constitution

• Protects individual liberties

4th Amendment

Search/seizure

5th Amendment

Self-incrimination, double jeopardy

6th Amendment

Speedy/public trail, right to counsel

8th

Cruel/unusual punishment

Actus Reus

Guilty act

Mens Rea

Guilty mind (criminal intent)