HOLT, RINEHART AND WINSTON

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Section 1: U.S. Law Section 2: The Criminal Justice System Section 3: Corrections

CHAPTER 12

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HOLT, RINEHART AND WINSTON

The U.S. Legal System Section 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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HOLT, RINEHART AND WINSTON

The U.S. Legal System Section 1: U.S. Law

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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HOLT, RINEHART AND WINSTON

The U.S. Legal System Section 1: U.S. Law

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

national governments  used 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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HOLT, RINEHART AND WINSTON

The U.S. Legal System Section 1: U.S. Law

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

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HOLT, RINEHART AND WINSTON

The U.S. Legal System Section 1: U.S. Law

Differences between civil law and criminal law Civil law:  applies to private disputes  punishable by fines

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

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HOLT, RINEHART AND WINSTON

The U.S. Legal System Section 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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HOLT, RINEHART AND WINSTON

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

The police system enforces criminal laws.

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HOLT, RINEHART AND WINSTON

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

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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HOLT, RINEHART AND WINSTON

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

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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HOLT, RINEHART AND WINSTON

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

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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HOLT, RINEHART AND WINSTON

The U.S. Legal System Section 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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HOLT, RINEHART AND WINSTON

The U.S. Legal System Section 3: Corrections

Sentencing options in the criminal justice system:  probation  imprisonment

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HOLT, RINEHART AND WINSTON

The U.S. Legal System Section 3: Corrections

Parole:  the early release of convicts from prison  determined by a parole board  based on the prisoner’s previous record and the facts

of the crime he or she committed  set based on the time remaining on the sentence

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HOLT, RINEHART AND WINSTON

The U.S. Legal System Section 3: Corrections

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

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

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HOLT, RINEHART AND WINSTON

The U.S. Legal System Section 3: Corrections

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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1. 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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6. 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?