Introduction to Law and the Legal System

1. Introduction to Law and the Legal System *What is the Law *How are Laws made *What roles can you play in influencing lawmakers *How is our legal system organized How can you find and get help from a lawyer

2. Teen Shot in Florida (Last Spring) • Zimmerman, 28, claimed Martin attacked him and he shot him in self-defense, according to police. Martin's family and supporters said the unarmed 17-year-old was no more threatening than the bag of Skittles candy and the iced tea he was carrying. • The shooting grabbed national headlines and renewed the national conversation about race relations, gun laws, and even how young men dress. It sparked a national furor that reached all the way to the White House, prompting President Barack Obama to call for national soul-searching to discover how something so tragic could happen. Trial is pending.

3. Legal Interpretation • Stand Your Ground • Allows use of deadly force in the LAWFUL defense of oneself, family or other person when there is reasonable grounds. • To prevent a person from committing a felony or injuring someone (imminent danger) • ?? Vigilantism ?? • Self Defense • Allows use of deadly force when your life or the life of a loved one is in imminent danger

4. Law vs. Justice • Laws are the rules and regulations the government enacts to keep order • Justice is a quality of being fair, impartial or just • In our legal system, we deal with BOTH.

5. Shipwrecked Sailors • Get into groups of 3 or 4 • Read Page 6 (as a group) • Discuss the questions (a-f) • Class Discussion will follow

6. The Shipwrecked Sailorsp. 6 (Problem 1.2 a-f) • Should Dudley and Stephens be tried for murder? Explain • As an attorney for Dudley and Stephens, what arguments would you make on their behalf? As an attorney for the government, what arguments would you make on the government’s behalf? • If Dudley and Stephens are convicted, what should their punishment be? • What purpose would by served by convicting Dudley and Stephens? • What is the relationship between law and morality in this case? Was it morally wrong for Dudley and Stephens to kill Brooks? Explain your answer • Can an act be legal but immoral? Can an act be morally right but unlawful? Explain

7. What is LAW • Laws are the rules and regulations made and enforced by government that regulate the conduct of people within a society • Every society over existing has recognized the need for laws • Not all laws are fair or even good • “Rule of Law” means our society respects the laws. NO ONE IS ABOVE THE LAW!!!!!!

8. Law and Values • Reflect and promote a society’s values • Influenced by our society’s traditional ideas of right and wrong • Our legal system aims to achieve many goals • Protecting basic human rights • Promote fairness • Help resolve conflict • Promote order and stability • Promote desirable social and economic behavior • Present the will of the majority • Protect the rights of the minority

9. A Difficult Balance • Achieving the goals while minimizing conflict • Balancing rights with responsibilities • Majority Rules vs. Minority Rights

10. 4 Areas of Law • Moral (Murder, Robbery, Assault) • Economic (Stealing, Forgery, Identity Theft) • Political (Voter Fraud, Treason, Spying) • Social Values (Illegal Drugs, Education) • These things can change over time • These things can be situational

11. Laws • Many laws combine moral, economic, political and/or social values • Many believe laws can solve all problems • Some laws designed to protect one set of values infringe on another

12. Review – What is Law?* Get out a piece of paper – head it properly • Why do we have laws? • What are 4 areas laws are based on? • How can laws conflict? • Give an example of a law in today’s world they YOU think is necessary, unnecessary.

13. Human Rights • The rights all people have simply because they are human beings. • Both governments and individuals can violate human rights • Human rights apply at home, school, work, everywhere

14. Bill of Rights - US Constitution • Rights to Free Speech, Press, Religion, Assembly and Petition • Right to Bear Arms • Right to NOT Quarter Troops • Right AGAINST Unreasonable Search and Seizure • Rights of the Accused Person • Rights to a Fair Trial • Right to Civil Suits • Rights AGAINST Cruel and Unusual Punishment • Rights Reserved to the People • Rights Reserved to the States

15. Universal Declaration of Human RightsUDHR • A statement of basic human rights and standards for government that has been agreed to by almost every country in the world. • All people have the right to liberty, education, political and religious freedom and economic well-being • UDHR bans torture • UDHR says that all people have the right to participate in their government process

16. United Nations on UDHR • The International Covenant on Civil and Political Rights • Protects the freedoms of speech, religion, and press • Protects the right to participate in government

17. United Nations on UDHR • The International Covenant on Economic, Social and Cultural Rights • Provides for the right to adequate education, food, housing, health car, protection of property and employment in sate conditions at an adequate salary

18. United Nations on UDHR • The Convention on the Rights of the Child • Spells out basic human rights to which children everywhere are entitled, including the right to education and to be free from exploitation

19. Balancing Rights with Responsibilities • “With every right comes responsibility” • If you believe in every person’s right to a fair trial, you must be willing to serve on a jury • “Just because you have the right to do something does not mean it is right to do it.” - You may have the right to say something hateful about someone, but you shouldn’t. It is morally wrong • "The right to swing my fist ends where the other man's nose begins." - Oliver Wendell Holmes

20. The Apathetic Bystanders Catherine “Kitty” Genovese was attacked and stabbed to death in 1964 in a highly populated area of Queens, NY. During the ½ hour ordeal, 38 people heard Kitty’s screams for help and watched from their windows. Twice the killer was scared off by the sound of voiced and the realization that he was being watched. However, both times, when it became obvious that nobody was going to call the police, the killer returned to finish off his victim. Rather than give any aid to Kitty, such as calling the police or an ambulance, all 38 bystanders chose to pull their shades, draw their blinds, and ignore Kitty’s urgent pleas for help as her life was take by the deranged attacker

21. Quick Review • What are “Human Rights?” • What document addresses these rights in the US Constitution? • What document(s) address these in the world? • What is meant by “balancing rights with responsibilities?”

22. Human Rights - USA • Assume the following events take place in the US. Decide if each is a human rights violation. • Before class starts, the teacher says, “You can’t pray in school.” • A child goes to sleep hungry because the parents have no money for food • A student receives a poor education in her high school and is rejected for every job for which she applies • A man is stopped before boarding a plane and is strip-searched because he has an Arab-sounding name and a stamp on his passport indicating that he has been to Iraq in the past year • A Spanish-speaking student speaks Spanish to another student. The principal tells the students that only English may be spoken in school.

23. Human Rights - USA Assume the following events take place in the US. Decide if each is a human rights violation • A woman is ill and is turned away from a hospital because she does not have health insurance or the money to pay her medical bill. • A homeless man asks for money from people passing by, but people do not give him any money. • A Muslim high school girl wears a hijab (head scarf) to school. The teacher tells her to remove it during class, as there is a rule against hats or other head coverings in the building • A family moves to the US from another country where it is part of the culture for the wife to stay at home and take care of the household. The husband comes home from work and finds that his wife has not done the laundry or cooked dinner. He disciplines her by striking her three times, the usual method of discipline in their culture.

24. Kinds of Laws • Criminal Laws • regulate public conduct and set out duties owed to society • can only be brought by the government against a person charged with committing a crime • Penalties include imprisonment, fines, being placed under supervision or other • Felony – more serious crimes with penalty of one or more years in prison • Misdemeanor – less serious crimes with penalty of less than one year

25. Kinds of Laws • Civil Laws • Regulate relations between individuals or groups of individuals • Lawsuit can be brought by a person who feels wronged/injured by another person • Courts may award the injured person money for the loss, order the person who committed the wrong to make amends in some other way • Regulate everyday situations like divorce, contracts, real estate, insurance, consumer protection, etc

26. Legal Terminology • Defendant: the person accused of the crime • Plaintiff: the person or company that was harmed • Prosecutor: the government attorney trying to prove the defendant guilty • Defense Attorney: represents the defendant; is charged with creating reasonable doubt or getting the best deal for their client • Reasonable Doubt: a level of doubt reasonable to question the guilt of the defendant • Preponderance of Evidence: the jury only needs to believe the defendant more that likely did what he/she is accused of

27. Matt & Kenji Matt and Kenji decide to skip school. They take Kenji’s brother’s car without telling him and drive to a local shopping center. Ignoring the sign “Parking for Handicapped Persons Only” they leave the car and enter the electronics shop. After looking around, they buy an MP3 player. Then they buy some sandwiches from a street vendor and walk to a nearby park. While eating, they discover that the MP3 player does not work. In their hurry to return it, they leave their trash on the park bench. When Matt and Kenji get back to the shopping center, they notice a large dent in one side of their car. The dent appears to be the result of a driver’s carelessness in backing out of the next space. They also notice that the car has been broken into and that the satellite radio has been removed. They call the police to report the accident and theft. When the police arrive, they seize a small, clear bag containing illegal drugs from behind the car’s backseat. Matt and Kenji are arrested.

28. Matt and Kenji Questions • List all the things you think Matt and Kenji did wrong. • What laws are involved in this story? • Which of these are criminal laws? Which are civil laws?

29. Our Constitutional Framework • Key Principles (methods of limiting the power) • Limited Government: Specific powers are granted to the government and specific powers are prohibited to the government • Separation of Powers: Three branches of government were created to break up the power given to the central government • Checks and Balances: Each of the three branches have ways to “check” or keep an eye on the other branches to make sure they are not abusing their power • Judicial Review: The power of the courts to rule acts of the government unconstitutional • Federalism: The federal and state governments have specific powers reserved to that level of government

30. Limited Government • The writers of the Constitution knew they needed more power in the central government but were afraid that power would be abused. So they imbedded methods to limit how the powers were distributed so it would be very difficult for that power to be used to infringe on the rights of the citizens

31. Separation of Powers • 3 branches of government • Each branch had a specific job within the function of the government

32. Checks and Balances • Each branch has a way to “check” the other two branches • Legislature : E=impeach J=confirms nominations • Executive: L=veto J=nominates judges • Judicial: L=can declare acts unconstitutional E=can declare acts unconstitutional

33. Judicial Review • The Supreme Court can declare any action of the government unconstitutional • This protects the citizen’s rights

34. Federalism • Separates governmental powers between state and federal government • Article 1, Section 8 lists specific powers the federal government/Congress has • Amendment 10 reserves all other powers to the state governments

35. The Bill of Rights • The US Constitution limits government by the 4 methods we have been talking about • The Bill of Rights establishes the rights of the citizens. These rights cannot be taken unless the citizen abuses those rights. And then only if the government goes through DUE PROCESS OF LAW

36. Quick Review • What is the difference between criminal law and civil law? • What is the difference between a misdemeanor and a felony? • What do they call the lawyers for each side in a trial? • What are the 5 ways powers were limited in government in the Constitution?

37. Chapter One “Need to Knows” * What is LAW • Goals of the Legal System • 4 Areas of Law • How Laws conflict • Human Rights • UDHR • Bill of Rights • Criminal/Civil Law (felony/misdemeanor) • Key Principles of Limiting Government

38. Chapter One Essay Questions (choose 2 of the following for your test) • Why do we have laws? Explain what you think it might be like if we did not have any laws. • What are “Human Rights” and why are they important to protect worldwide? • Explain the difference between a misdemeanor and a felony. How do they decide if a crime is a misdemeanor or a felony? • Identify 3 things built into our Constitution/government that place a limit on governmental power. Explain how these keep the people in control of the power in the United States.

39. Scripted Trial • Trial Participant • Pre-read your part • “ACT” your part, as best as possible • Be ready to vote on guilty or innocence of defendant • Jury Member • Take notes on what witnesses said • Be ready to discuss the guilt or innocence of the defendant