Unit 1: What is Law?

Mr. Concannon Smith

Do Now1. List 10 of your daily activities (for

example, waking up, eating, etc.).

2. Next to each item, list any laws that affect that activity.

3. What is the Purpose of each law you identified?

4. Would you change any of these laws? Why/why not?

Unit 1: What is Law?

Mr. Concannon Smith

What is Law? Law: the rules and regulations made and enforced

by a society’s government to manage the conduct of the people within said society.

Every society that has ever existed has recognized the need for laws (written or unwritten) This does NOT mean all laws are “fair” or “good”

A democratic system of govt. (like ours) cannot function unless the laws are respected by the people they are intended to regulate. Society must be based on the “rule of law”

Rules should be known in advance and created democratically

Nobody is above the law (example: Nixon)

Laws and Values Laws generally reflect and promote societal values

(traditional ideas about right and wrong) Not everything immoral is illegal (ex. lying to a

friend)

Goals of the legal system according to legal scholars:

• Protecting basic human rights

• Promoting fairness

• Resolving conflicts

• Promoting order/stability

• Promoting desirable economic and social behavior

• Representing the will of the majority

• Protecting the rights of minorities (non-racial usage)

Value-laden Law Examples

1. Moral Values: Right and Wrong Murder = primary moral value of protection of human

life

2. Economic Values: accumulation, use of, and dist. of wealth Tax laws = encourage people to own a home (tax

benefits)

Shoplifting laws = protect property and discourages stealing

3. Political Values: relationship between people an government Voting holidays = easier for citizens to participate in

elections

Anti-corruption laws = keep public trust in elected officials

4. Social Values: broadest category, issues important to society Public education = country’s best interest to educate

youth

Social Contract Theory

In a nutshell: The voluntary agreement to limit our own

rights and freedoms to a government in order to maintain social and political order

The degree to which we submit to this agreement is constantly under debate

Social contract on the day to day: Ranges from stop signs and speed limits

to the Patriot Act Can you think of any others?

Do Now What do you think it means to

have a right? (what is the meaning of a “right”)

Are you born with any basic rights, and if so what are they?

Where did they come from?

Are there some rights that are more important than others?

Mr. Concannon Smith

Human Rights Human Rights: the rights all people have simply

because they are human.

The Universal Declaration of Human Rights (UDHR) is a statement of basic human rights and acts as a set of standards by which nearly every country in the world follows. Developed by the UN under Eleanor Roosevelt in

1948

Basic UDHR rights: Liberty, Education, political and religious freedom, and economic well-being UDHR also bans torture

The UDHR is not a binding treaty but many ideals in the UDHR have been ratified in treaties

Rights vs. Responsibility

Human Rights can be used by countries when writing laws Rights are codified by signing HR treaties, amending the

Constitution, or passing laws specifically aimed at a HR issue

Some criticize the “over-codification” of rights in the U.S. If we consider trial by jury a right, we shouldn’t complain

about serving on a jury

If we want a government for the people & by the people, we should actually get out and vote

Further criticism…just because we have first amendment rights doesn’t mean saying hateful things is morally correct

Striking the correct balance between right & responsibility is difficult!

Kinds of LawsMr. Concannon Smith

Two Major CategoriesCriminal Law

Regulates public conduct and sets out duties owed to society

Can only be brought by the govt. against a person charged with committing a crime

Offenses divided into felonies and misdemeanors

Penalties: incarceration, probation, fines

Civil Law Regulates relations

between individuals or groups of individuals Examples: marriage,

divorce, contracts, insurance, car accidents

A civil action is a lawsuit brought by a person who feels wronged or injured by another person

Penalty: recovery of damages

Important Distinctions

A criminal case is brought by the government against a defendant

A civil case is brought by a plaintiff against the defendant.

In a CRIMINAL CASE, the burden on the prosecution is to prove the guilt of the defendant beyond a reasonable doubt

In a CIVIL CASE, the plaintiff wins by convincing the judge or jury by a preponderance of the evidence

These are called standards of proof

Why do you think the standard of proof is lower in CIVIL CASES?

Our Constitutional Framework

Mr. Concannon Smith

Must Know Basics The U.S. Constitution is the highest law of the

land.

Sets the framework, powers and limitations of government

Limited Government is the fundamental notion in the Const.

Logically so, given the history

The Separation of Powers is perhaps the most important component of the Constitution

Three branches: Executive, Legislative, and Judicial

Checks and Balances: designed to ensure that one branch cannot rule supreme over the others

Judicial Review The Court’s power to declare unenforceable

any law passed by Congress or a state that conflicts with the Constitution

In general SCOTUS can declare a law unconstitutional

1. govt. has passed a law that the Constitution does not give it power to pass

2. govt. passed a law that violates somebody’s rights

SCOTUS can also declare an Executive Act unconstitutional

1. Can strike down regulations issued by executive branch

Is there any potential weakness in this power?

Federalism defined: the division of power between

the federal government and the states

(remember: the federal govt’s power to make law is written explicitly in the Constitution, the remaining powers are left to the states)

Since states have their own power to make laws, many states have different laws regulating the same behaviors/crimes/etc.

The Bill of Rights The first 10 Amendments to the

Constitution

They define and guarantee the fundamental rights and liberties of all Americans.

These include but are not limited to: Freedom of religion Freedom of speech and press Freedom from unreasonable search

and seizure

Lawmaking •US citizens obey three main sources of law (federal, state, and local).

•Legislative bodies in each category make the laws.

•In some situations laws can be made directly by voters, and in other courts can set law by ruling on appeals.

Do Now Decide whether each of the following is a federal, state,

and/or a local law:

A. No parking on the east side of Main St. between 4 and 6 pm.

B. All persons between the ages of 6 and 16 must attend school

C. Whoever enters a bank for the purposes of taking by force or violence the money from said bank shall be fined not more than $50,000 or imprisoned not more than 20 years, or both.

D. In order to sell any product on the public streets a vendor must first apply for and receive a vendor’s permit

E. No employer of more than 15 persons may discriminate on the basis of race, color, religion, sex, or national origin

F. All persons traveling on interstate airlines are subject to search before entering the plane prior to departure

Legislatures Federal level: Congress divided into two houses (HOR

and Senate) Laws passed at this level are binding in every state

(called statutes)

Deal with issues of national impact: environment, public health, national defense, labor relations, civil rights, federal taxes

State level: state legislatures (most of which are bicameral also) operate the same way and make laws that are only binding within their boundaries. State statues deal with statewide issues: education,

transportation, state taxes, marriage, most criminal laws, the power of state officials

City/Town level: pass laws known as ordinances Local issues: land use, parking, schools, etc.

Drafting a Bill Mr. Concannon Smith

Drafting a Bill Many drafts are written before bills are formally

introduced and discussed by a legislative body

Despite such efforts, interpretation can become an issue This violates a basic principle of law (people knowing

the law)

Thus CLARITY is key when drafting bills: the checklist Is the law written in clear language?

Is the law understandable?

When does the law go into effect?

Does the law contradict any other laws?

Is the law enforceable, and if so by whom?

Are the penalties for breaking the law clear and reasonable?

Your Lawmakers

Mr. Concannon Smith

Do Now Federal Level:

Can you name who represents Massachusetts in the House of Representatives for your district?

How about our two Senators?

State Level: State Representative State Senator

Truancy Law 7/1/2014

Chapter 76, section 1 of the Massachusetts General Laws states that all children between the ages of six and sixteen must attend school. A school district may excuse up to seven day sessions or fourteen half day sessions in any period of six months. In addition to this law, each school may have its own attendance policy with which parents/guardians should be familiar.

Inducing Absences

It is a crime to induce or attempt to induce a minor to miss school, or unlawfully to employ or to harbor a minor who should be in school.

CJ in your DistrictHarriet Chandler (D)

Bill concerning teaching health in schools

Kimberly Ferguson (R)

Bill concerning the insanity defense for criminals

Analyzing Bills Chandler: Teaching Health

When was the bill introduced?

What change is it trying to make? Provide evidence from the

bill

Why do you think the Senate is concerned about what goes on in a high school health class?

Do you agree with this bill? Explain why/why not…

Ferguson: Criminally Insane

When was the bill introduced?

What change is it trying to make? Provide evidence from the

bill

Why do you think the House is concerned about the permanent criminal record of those who pleaded insane?

Do you agree with this bill? Explain why/why not…

Advocacy in LawLobbying Webquest

Mr. Concannon Smith

Advocacy Defined: the active support of a cause.

Advocates try to persuade others to support the same cause

Advocacy (done well) is based on: Gathering of facts Developing outreach and

communication An effective plan and timeline Determining the level of government

responsible for the targeted legal changes you hope to make

Lobbying Defined: a way to influence the lawmaking process

by convincing the lawmakers to vote as you want them to vote.

17th century roots: interested persons had to wait outside political meetings until the politicians came out (in the lobby)

Lobbying today carries a negative connotation, but is actually a protected Constitutional right. Free speech, freedom of assembly and press

A lobbyist, is someone who works for an interest group to sway legislation by convincing lawmakers to vote in their interest

You can lobby as an individual or as a group: write letters, protest, start a petition, phone-call campaigns, email, etc.

What is Crime?Mr. Concannon Smith

What is Crime? An act becomes a crime when it meets the

legal definitions that designate it as such

Simply stated: it is an wrongful act against society––proclaimed by law––and is punishable by society.

The Consensus Model Rests on the assumption that members of society

form a basic agreement with regard to norms and social values

Those members whose actions deviate from the norm pose a threat to the well being of society as a whole punished.

Laws are passed to control & prevent deviant behavior

Underlying assumption: a diverse group of people can have similar morals (sharing ideas about what’s right/wrong)

as public attitudes toward morality change so too do laws!

The Conflict Model Rejects the consensus model on grounds that in

the US, moral attitudes are not constant or consistent

Different groups of citizens hold widely varying opinions on issues of morality and criminality: abortion, war on drugs, gun control, voter ID, immigration, same sex marriage etc.

The Conflict Model holds that the most politically powerful segments of society (based on class, income, age, & race) have the most influence on criminal law

Consequence: this group imposes their values on the rest of the community

This changes with whatever group comes to power

Criminal v. DeviantDeviance is simply behavior that

does not conform to the norms of society (very subjective)

Deviant acts become crimes only when society as a whole (through its legislatures) determine that such acts should be punished.

Types of Crime:Six Major Categories

Mr. Concannon Smith

1. Violent Crimes These crimes dominate public perspectives on crime

(considered the most heinous offenses)

Examples include: Murder: unlawful killing of a human being

Sexual Assault/Rape: coerced actions––sexual in nature––against an unwilling participant

Assault and Battery: two separate acts

Assault: threats on another person of physical harm (perceived truth)

Battery: physical attack on another individual

Robbery: taking of funds/personal property by means of force

These crimes are classified by degree more on this later…

2. Property Crime Most common form of crime

Larceny (theft): pocket picking, shoplifting, or stealing property not accomplished by force

Burglary: act of unlawfully entering a home or structure with the intent of committing a crime like theft (usually a felony)

Arson: malicious and intentional burning of a home, automobile or other structure

3. Public Order Crime Behavior labeled criminal because it

is contrary to shared social values (think Consensus Model)

Sometimes called Victimless Crimes (however misleading):

Examples include: Public drunkenness, gambling,

illicit drug use, prostitution, disturbing the peace, loitering, etc.

4. White-Collar Crime Business related crime: an illegal act––

carried out non-violently––against individuals or other businesses to obtain a personal or business advantage.

Examples include: Embezzlement: using position in

company to steal funds from the company Tax Evasion: underreporting or not

reporting taxable income Fraud: Credit Card, Check, Securities

(stock market), consumer fraud (counterfeits), insurance

5. Organized Crime Illegal acts by illegal organizations

usually geared toward satisfying the public’s demand for unlawful goods/services

Conspiratorial in nature.

Criminal tactics include (but certainly not limited to) violence, corruption, intimidation, fraud, trafficking (both narcotics and humans)

All for economic gain and power

6. High-Tech Crime Newest variation on crime

Examples of Cybercrime: Selling illegal porn Soliciting minors Defrauding consumers Embezzlement Cyber security attacks

The Criminal Justice ProcessMr. Concannon Smith

Law Enforcement Local and County Law Enforcement

Responsible for the “nuts and bolts” of law enforcement.

State Law Enforcement Generally, there are both “state police” and “highway

patrols.”

Federal Law Enforcement: Operates throughout the U.S.

The Courts The U.S. has a dual court system. (two

independent judicial systems)

1. Federal system (federal laws)

2. State (state laws) + Washington D.C.

Technically we have 52 different court systems

Criminal Courts in each system determine the innocence or guilt of criminal suspects within their individual jurisdiction

The Criminal Justice Process

The Criminal Justice Process

An orderly progression of events through a process comprised of agencies working together.

Herbert Packer compared the idealized criminal justice process to an assembly line.

The line is constantly at work and faces congestion!

Partial solution is discretion: Authority to choose alternative courses of action

All facets of the system employ discretion to maximize use of limited resources

The informal criminal justice system: flexible and conditional

The CJ Process: Day 2Mr. Concannon Smith

The Wedding Cake Model Discretion comes to bear depending on the relative

importance of a particular case

1. “Top” layer consists only of a handful of celebrity cases

2. Second layer consists of “high profile” felonies

3. Third layer consists of “ordinary” felonies

4. Fourth layer consists of misdemeanors

Top layer distorts our view of the system

Over 90% of criminal cases (including felonies) are settled OUT OF COURT

Competing Values of the System

Crime Control

The most important function of system is to punish and repress criminal conduct

Law enforcement must be counted on to control criminal activity

The system should function efficiently, as an assembly-line

Due Process

Focus on protecting the rights of the accused through legal constraints on police, courts, and corrections

Strives to make it more difficult to prove guilt

Fairness, not efficiency, is the goal of the due process model

Careers in CJCrime Scene Photographer

Criminal Justice TodayMr. Concannon Smith

Major Issues TodayCommunity Relations & Law

EnforcementThink Ferguson, MO

The Scourge of Street GangsChicago, LA, NYC, ATL

Gun Sales and Gun ControlThink Sandy Hook

The Illegal Drugs ProblemThink marijuana in Colorado

Policy Quandaries Crime and Punishment

The Growing Prison Population The Economics of Incarceration The Death Penalty in America

Homeland Security and the Threat of Terrorism The Patriot Act

Technology: Fighting and Fueling Crime

Gang Problems Approx. 33,000 violent street gangs, motorcycle

gangs, and prison gangs with about 1.4 million members are criminally active in the U.S. today.

Many are sophisticated and well organized all use violence to control neighborhoods and boost

their illegal money-making activities, which include robbery, drug and gun trafficking, fraud, extortion, and prostitution rings.

Gangs are responsible for an average of 48% of violent crime in most jurisdictions, and up to 90% in others.

The FBI w/ local and state police to disrupt and dismantle gangs through intelligence-driven investigations

Reading on Chicago Gun Violence