US government 6 Flashcards
Importance of laws
Need of order Need to protect peoples safety Need to protect peoples property Need to protect individual freedom Need to promote the common good A common goal
Criminal Law
Is intended to protect society as a whole. Crime can occur in urban, rural, and suburban areas, as well as poor or wealthy neighbourhoods.
Types of crimes
- Crime against people: Acts that threaten, hurt, or end a person’s life. The most common violent crime is assault.
- Crimes Against Property: This type of crime happens more often than any other crime. Stealing is the most common type and includes larceny, burglary, and robbery. Other types of crimes against property would be arson and vandalism.
- White-Collar Crimes: Drug use and gambling are known as ‘victimless’ crimes since the acts do not hurt anyone except the people committing the action. These two actions are considered crimes since they go against common values or may hurt society as a whole.
- Crimes Against Government: Treason and terrorism are two examples of crimes that may be committed against the government.
Crimes are divided into two categories:
- Felony is a serious crime for which the penalty can be imprisonment for more than one year.
- Misdemeanor is a less serious crime for which the penalty is often a monetary fine.
Steps in the criminal legal process
Miranda rights/Warning: The officer reminds them that they have a right to remain silent, and whatever they say will be used against them in court. And that they have a right to an attorney, if not one will be appointed in court.
Booking: The officer records her name, time of arrest, and the charges or reason for the arrest. She has her picture and fingerprints taken. Then, she is placed in a holding cell to await trial or the posting of bail. Her clothing and personal items may be confiscated by the police, too.
Preliminary Hearing or Grand Jury: Suzy appears in court for a preliminary hearing. Based on the information presented by the prosecutor, the judge decides whether there is enough evidence to believe that Suzy has committed the crime.
Plea Agreement or Trial: In order to save the cost of a trial, Suzy has been offered a plea agreement: $250 fine and 30 hours of community service. She accepts the deal.
Civil Law
Settles disagreements between people, and does not always involve government interaction. Civil courts depend on two main principles for settling disputes; compensation, and equity.
Compensation
a person has a right to compensation for harm caused by another person’s actions. This compensation, often in the form of money, is not intended to be a fine, but rather paid to make up for damages.
Equity
courts rely on equity to settle disputes with fairness. For example, a court may issue an injunction requiring that a specific action be stopped.
Purpose of a civil trial
civil law examines the burden of proof. The plaintiff must prove the case with a ‘preponderance of the evidence’. Preponderance refers to the ‘weight’ of the evidence. In other words, the court decides which side presents evidence that is more convincing and reasonable.
Which of the following is the best definition of a crime?
Any behavior that is illegal because the government considers it harmful to society.
The Preamble to the Constitution is a great example of this type of ‘need’ for laws.
need to promote common good
Need for Order
to bring order to society by telling people what they may or may not do. For example, in the United States, drivers are expected to drive on the right side of the road.
Need to Protect People’s Safety
Laws protect people’s lives by making certain actions illegal, such as murder, robbery, assault, etc.
Need to Protect People’s Property
Laws against stealing are one way in which the government protects your property.
In addition, you have guaranteed rights should your property be damaged.
Need to Protect Individual Freedoms
The Constitution protects the basic rights and freedoms of individuals by limiting government’s power.
