Lawand

Your Rights

7.1

“Equal Justice Under Law”

Carved over entrance of Supreme Court Building All US citizens

equal and guaranteed equal protection by law

Laws

Based on majority rule Formed when change is

needed Can change with the times

People must know laws Passed for greater good

Kinds of Law

Four kinds Statutory Common Administrative Constitutional

Based on principals of US Constitution Law of the land

Statutory Law

Passed by lawmaking bodies (Congress)

State and local govt

Common Law

Accepted as proper behavior Common sense Ex. car accident Precedent—earlier decision Becomes Common Law

Most common law passed as statutory law

By nation’s lawmaking bodies

Administrative Law

Laws that affect our daily lives are

Made by government agencies

Consumer Product Safety Commission Product recalls

Constitutional Law

Constitution always prevails

Supreme Court decisions interpret the Constitution

Role of Court

Hear dispute Apply the law Reach decision Enforce law fairly

Role of Court

FBI agent finds a spy? Can the government throw the spy in prison for treason?

Innocent until proven guilty Trial must be in court

Authority to administer justice Justice for all

Rights

Fair and public trial Bail: may released on

promise to return for trial Pay a sum to the court Serious crimes may be

denied bail Lawyer

Protect rights of accused

Indictment

Arrest on suspicion of the crime doesn’t mean that the person will go to trial

Must be enough evidence Determined by grand jury

12-23 citizens Examines the evidence Questions witnesses Investigates facts

Majority decides that evidence is strong enough, person is indicted, will go to trial.

Indictment: Formal accusation of crime

Right to a Jury Trial

Judged on evidence 6th Amendment a.k.a. Petit Jury

6-12 jurors Selected randomly: jury duty

Verdict: decision Unanimous vote

Hung jury: can’t reach unanimous decision

New trial held

Innocent Until Proven Guilty

Burden of proof on Prosecution “beyond a reasonable doubt” I plead the 5th

Don’t have to testify against self Testimony: evidence given in court Cross-examination Right to call witnesses

Right to Appeal

Courts can make mistakes Ensuring a fair decision,

US courts allows appeals