the u.s. legal system

HOLT, RINEHART AND WINSTON

AAMERICANMERICANGOVERNMENTGOVERNMENT

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The U.S. Legal SystemThe U.S. Legal SystemSection 1: U.S. Law

Section 2: The Criminal Justice System

Section 3: Corrections

CHAPTER 12


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The U.S. Legal SystemSection 1: U.S. Law

Objectives:What is common law, and where did it originate?What is statutory law?Whom does administrative law govern?What is the difference between civil law and criminal

law?


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Common law:determined by decisions of fairness made by judges in

earlier cases when no law applied based on the principle of negligence originated in England when few written laws existed


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Statutory law:passed by the lawmaking bodies of local, state, and

national governmentsused in many circumstances, such as to create or

eliminate government programs, control crime penalties, or change the salaries of government employees


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Administrative law applies to government agencies that carry out congressional legislation.


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Differences between civil law and criminal law

Civil law:applies to private disputespunishable by fines

Criminal law:applies to actions prohibited by the governmentpunishable by fines or imprisonment


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The U.S. Legal SystemSection 2: The Criminal Justice System

Objectives:Who enforces criminal laws?What process does an accused person go through after

his or her arrest?What is a plea bargain?


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The police system enforces criminal laws.


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Steps an accused person goes through after his or her arrest:1. appearance in court before a judge to determine if bail should

be set

2. preliminary hearing—judge decides if enough evidence exists against the accused to be formally charged

3. indictment—the accused is formally accused before a grand jury or by an information

4. arraignment—the accused is formally notified of the charges against him or her and is asked to enter a plea


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Steps an accused person goes through after his or her arrest:5. jury selection— prosecution and defense choose a jury of 6 to

12 people for trial to begin

6. trial—both sides present evidence and have witnesses testify about the case

7. verdict—jury decides the guilt or innocence of the accused

8. sentencing—judge sets punishment for the convicted defendant


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A defendant might chose a plea bargain to avoid going to trial by pleading guilty to a less serious charge, which might reduce the sentence that he or she might have received if found guilty in trial.


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The U.S. Legal SystemSection 3: Corrections

Objectives:What are the various sentencing options in the

criminal justice system?What is parole?Why is capital punishment controversial?What happens to juvenile offenders after their arrest?


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Sentencing options in the criminal justice system:probationimprisonment


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Parole:the early release of convicts from prisondetermined by a parole boardbased on the prisoner’s previous record and the facts

of the crime he or she committedset based on the time remaining on the sentence


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The controversy of capital punishmentArguments supporting it:costs less than life imprisonmentdeters people from committing murderous crimes is a just punishment

Arguments opposing it:has a costly appeals process does not deter people from committing murderous crimesmay lead to the death of innocent people is cruel and unusual is discriminatory in the way its administered


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Process juvenile offenders undergo after their arrest:1. The offender is taken to a juvenile detention center.

Bail is usually denied.

2. In juvenile court, a judge decides whether to release the offender. Many states do not grant juveniles the right to a trial by jury.

3. Juveniles found guilty may pay a fine or be sentenced to probation or community service.



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Chapter Wrap-UpChapter Wrap-Up1. How are criminal laws and civil laws

different?

2. List the four main types of laws.

3. What is the difference between a felony and a misdemeanor?

4. List the steps that an accused person typically goes through after being booked by the police.

5. What part does the grand jury play in indicting someone who is accused of a crime?



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Chapter Wrap-UpChapter Wrap-Up6. Why can different people convicted of the

same crime receive widely different sentences?

7. What are two benefits of probation?

8. By what process is a prisoner granted parole?

9. In what ways are juvenile offenders treated differently from adults?

10. What are the major arguments for and against the death penalty?

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