CS 133 Introduction to Python
Assignment 1
1) Write a program that produces a comparison of the balance of
a bank account over time
between simple, monthly and daily methods of compounding
interest. The program
should prompt the user for an initial balance, an interest rate,
and the number of years to
compare. The output should be a table with four columns, one
for the year and one each
for the yearend balance in the account given each compounding
method. The columns
should be aligned and account balances expressed in dollars and
cents, e.g. $ 1050.00.
2) Write a program to print a table of powers. The program
should read three values: a base
and two exponents, min and max. The program should print
output values for basen for
min ≤ n ≤ max. The output should be formatted in three
columns: base, exponent value
(n) and result value (basen).
Make your code as readable as you can by choosing appropriate
variable names and adding
comments to your code. Upload your .py files through the
course Moodle page.
CHAPTER 1:
COURTS, CRIME, AND CONTROVERSY
© 2017 Cengage Learning. All Rights Reserved.
Learning Objectives
Describe how the courts are related to the other components of
the criminal justice system
Discuss the major types of courts found in the United States
Identify the most important actors in the courthouse
List the steps in a typical felony prosecution
Explain how a law in action perspective complements a law on
the books approach to studying the criminal courts
Distinguish between the crime control model of criminal justice
and the due process model of criminal justice
© 2017 Cengage Learning. All Rights Reserved.
Trayvon Martin
What do you know about the Trayvon Martin case?
Other than the court system, who else played a role in his
arrest/apprehension and to what extent?
© 2017 Cengage Learning. All Rights Reserved.
The Courts and the Criminal Justice SystemIn addition to
Courts, the two other main components of the Criminal Justice
System are:
Police
Corrections
© 2017 Cengage Learning. All Rights Reserved.
*
Courts and the CJ System Courts are related to the rest of the
criminal justice system as follows:InterdependentAll have
different goals, histories, operating proceduresAll forced to
interact with one anotherFragmentedOver 18,000 law
enforcement organizationsCorrections encompasses prisons,
probation, parole, drug treatment, halfway houses, etc.Court has
many actors including private citizensTensions and
ConflictsCome from conflicting goals and perspectives
© 2017 Cengage Learning. All Rights Reserved.
*
U.S. CourtsMajor types of courts in
the United States:
Trial Courts
Appellate Courts
United States Supreme Court
© 2017 Cengage Learning. All Rights Reserved.
*
Trial CourtsTrials are held here, jurors sworn, and witnesses are
questioned
Lower courtsProcess felony cases
Major trial courtsResponsible for final phases of felony
prosecutions
© 2017 Cengage Learning. All Rights Reserved.
Appellate CourtsReview decisions made by trial courts—most
often major trial courts
No trials are held
No jurors employed
No witnesses heard
Lawyers argue over previous cases
© 2017 Cengage Learning. All Rights Reserved.
US Supreme CourtCourt of Last Resort
Cases are hand selected
Hears Fewer than 85 cases a year
Usually only hears cases impacting society as a whole
© 2017 Cengage Learning. All Rights Reserved.
Thinking Point
Roe v. Wade challenged a Texas law that prohibited abortions
except to save a woman's life. The Court was careful to balance
the right of a woman seeking an abortion with the states'
interest in protecting maternal health and the potential life of
the fetus.
What allows the Supreme Court to hear this type of case?
Do you agree that a court should decide the fate of a woman’s
choice?
© 2017 Cengage Learning. All Rights Reserved.
Thinking Point
Elena Kagan and Sonya Sotomayor are the newest U.S. Supreme
Court Justices added to the panel since President Barrack
Obama took office.
What impact, if any, do you think bringing two minority women
onto the Supreme Court will have on future cases?
© 2017 Cengage Learning. All Rights Reserved.
Actors in the CourthouseThe most important actors in the
courthouse include: ProsecutorsDefense
AttorneysJudgesDefendantsVictims
© 2017 Cengage Learning. All Rights Reserved.
*
Actors in the Courthouse
© 2017 Cengage Learning. All Rights Reserved.
The Steps in a Typical Felony Prosecution
CrimeFelony/Misdemeanor
Arrest
Initial appearance
Bail
Grand Jury
Preliminary Hearing
Arraignment
Discovery
Pretrial Motions
Plea Negotiation
Trial
Presentence Investigation
If a Guilty Verdict, sentencing
Possible Appeal
© 2017 Cengage Learning. All Rights Reserved.
*
The Steps in the Criminal Judicial Process
© 2017 Cengage Learning. All Rights Reserved.
Law on the Books and Law in ActionLaw on the BooksLegal
and structural components of the
judiciaryConstitutionsLegislationRegulationsCourt CasesLaw in
ActionFocuses on human factors governing the actual
application of lawPoliceProsecutorsJudgesVictimsWitnesses
Jurors
© 2017 Cengage Learning. All Rights Reserved.
*
Brown v. Mississippi
Race related murder case of innocent men and corrupt police
Confessions based on torture, coercive tactics“Free and
voluntary” confessions as evidence
Due process & 14th Amendment
© 2017 Cengage Learning. All Rights Reserved.
Crime Control Model and Due Process ModelDiscuss the
details of the Trayvon Martin case
The controversy surrounding the case can be compared through
two criminological concepts:
Crime control
Due process
© 2017 Cengage Learning. All Rights Reserved.
The Crime Control Model and the Due Process ModelThe Crime
Control ModelConservative modelProposes harsher penalties
The Due Process Model of Criminal JusticeLiberal
modelAdvocates social programs aimed at reducing crime by
reducing poverty
© 2017 Cengage Learning. All Rights Reserved.
*
The Crime Control Model
Individual Responsibility
Self-Control
Discipline
Quickly determine innocence or guilt
Informal Fact-Finding is foolproof
Speed and finality of courts
Courts hinder effective law enforcement and provide inadequate
protection to society
© 2017 Cengage Learning. All Rights Reserved.
*
The Due Process Model
Protecting the rights of the individual
Social Influences
Formal Fact-FindingCareful consideration of each case
Considers the court to find error on the part of law enforcement
& prosecutors
Community based sentencing
© 2017 Cengage Learning. All Rights Reserved.
*
Thinking Point
Jaycee Dugard was kidnapped at the age of 11. By the age of 15
she had two children by her kidnapper/rapist, Phillip Garrido.
Phillip’s wife Nancy also took part in the kidnapping. Jaycee
was found in 2009 and both Phillip and Nancy were charged
with this crime.
For this particular crime (the loss of a child’s entire childhood
and mental wellbeing), which model of justice would you
choose, and why?
© 2017 Cengage Learning. All Rights Reserved.
Is it time to end the war on drugs?
Read this section of your text and discuss the following:What is
your opinion on drug use and arrests?What is your opinion on
drug court sentencing?Should drugs be legal?Do you agree with
the crime control model or due process model? Why?
© 2017 Cengage Learning. All Rights Reserved.
Media Depictions/Distortions of Criminal CourtsMost people in
the U.S. learn about the process of criminal courts through the
mediaAdvantage:People are able to understand influences on the
outcome of the case, such as:Influences of laws on the
booksInfluences of law in actionInfluences of law in
controversy Disadvantage:Media can distort reality to make dull
proceedings seem more dramatic
© 2017 Cengage Learning. All Rights Reserved.
Media Depictions/Distortions of Criminal Courts
Read the section in your text regarding the influence of the
media on the Casey Anthony Trial Do you think Casey
Anthony’s behavior is consistent with that of a parent concerned
with the welfare of their missing child? Why or why not? Do
you think that her behavior is evidence of her guilt in Caylee’s
death? Explain. Do you think that the lack of forensic evidence
affected the jurors in Casey Anthony’s case? Do you expect
prosecutors to present forensic evidence in homicide cases?
What effect did “proven guilty beyond a reasonable doubt” have
on the outcome of the case? Do you think prosecution failed to
prove her guilt beyond a reasonable doubt?
© 2017 Cengage Learning. All Rights Reserved.
CHAPTER 2:
LAW AND CRIME
© 2017 Cengage Learning. All Rights Reserved.
Learning Objectives
List the four key elements defining law
Identify the three key characteristics of the common law
Explain the importance of the adversary system
Name the four amendments of the Bill of Rights that deal
specifically with criminal procedure
List five major areas of civil law
List the major elements of crimes
Identify some of the most important legal defenses in American
law
Discuss the effects of the criminal law on courts
© 2017 Cengage Learning. All Rights Reserved.
The Basis of American LawBasis of Law = Human ConflictThe
four key elements defining LAW:
Law is a body of rules
Law is enacted by public officials
Law is enacted in a legitimate manner
Law is backed by the force of the state
© 2017 Cengage Learning. All Rights Reserved.
*
Common Law Heritage“The law common to the entire land”
Anglo-Saxon or Anglo-American law
used by English speaking people throughout the world
Louisiana is unique among American states and uses the French
system of civil law, but still uses the common law for crimes
© 2017 Cengage Learning. All Rights Reserved.
*
Common Law HeritageThe Three Key Characteristics
Judge-made law
Based on precedent or stare decisis
Found in multiple sources “uncodified”
© 2017 Cengage Learning. All Rights Reserved.
*
Judge-Made LawCommon law Predominately judge-made rather
than created by legislatures
Modern criminal law Defined by legislative bodies through
enactment of codes
© 2017 Cengage Learning. All Rights Reserved.
*
Based on PrecedentStare DecisisTranslated literally: “let the
decision stand”
Followed previous court decisions with similar facts of a case
By following previous court decisions, the system promotes
fairness and consistency in judicial decision makingA cautious
approach to problem solving
© 2017 Cengage Learning. All Rights Reserved.
*
How to Read Legal Citations
© 2017 Cengage Learning. All Rights Reserved.
Found in Multiple SourcesCourts must know how the cases were
interpreted, as well as their location
Sources of American LawConstitutionsCodes or
StatutesAdministrative Rules and RegulationsCourt Opinions or
Cases—judge made law
© 2017 Cengage Learning. All Rights Reserved.
*
ConstitutionsThe fundamental rules which dictate that people
will be governed
Create guidelines or rules for establishing that government
First document establishing principles and general laws of a
nation or state
Define the powers each branch of government may exercise
© 2017 Cengage Learning. All Rights Reserved.
*
Thinking Point
Consider the three branches of government.
What are they, and what are the duties of each branch?
Does your state have its own constitution? If so, take a moment
to read some of the rules/guidelines of your state.
Did you locate any that were outdated by modern standards?
© 2017 Cengage Learning. All Rights Reserved.
Codes or StatutesThese are rules enacted by state or federal
legislatures and are the product of the legislative process
Local government rules are often called “municipal ordinances”
© 2017 Cengage Learning. All Rights Reserved.
*
Administrative Rules and RegulationsAdministrative agencies
are created by, and get their power to act, from the legislature
Regulations have the “force of law” the same way a legislative
statute does, and they are often interpreted by the courts
Internal Revenue ServiceState boardsZoning boards
© 2017 Cengage Learning. All Rights Reserved.
*
Thinking Point
Research the administrative rules and regulations that apply to
your local area.
What administrative policies do you see? Discuss this in class.
Do any of the policies seem limiting to your community?
Are most of the policies “fair” by modern standards, or do they
need updated?
© 2017 Cengage Learning. All Rights Reserved.
Judge-Made LawAppellate courts are still a very important
source of American law
They are not “making” law, rather they are “finding” it
Constitutional law
Still an area that is primarily judge-made
© 2017 Cengage Learning. All Rights Reserved.
*
Thinking Point
Consider any recent changes within your communityAre there
any “social issues” that continue to take place?
Pretend you are a judge in your local area. What is your first
judge-made law that you will create and why? What guidelines
will you use to create this law to make it fair and equitable?
© 2017 Cengage Learning. All Rights Reserved.
The Adversary SystemSubstantive Law: Rules that create legal
obligationsSubstantive civil law
Tort, contract, domestic relations Substantive criminal law
Robbery, burglary
Procedural Law: Establishes the methods of enforcing these
obligations
© 2017 Cengage Learning. All Rights Reserved.
*
The Adversary SystemBurden of proof is on the prosecutor for
the state to prove guilt beyond a reasonable
doubtSafeguardsCross-examination—6th amendment Diffusion
of powerPresumptions and inferences—sanity & innocence
Burdens of proof—production/persuasion
© 2017 Cengage Learning. All Rights Reserved.
*
Levels of “Proof”Mere suspicionA hunchReasonable articulable
suspicionOne can articulate reasons for suspicion
Terry v. Ohio (1968)Creation of a stop and frisk for law
enforcementBased on RASBrief, limited, investigative
detentionsLegal to law enforcement personnel if they can
articulate the reason for the detentionLandmark case, 4th
amendment
© 2017 Cengage Learning. All Rights Reserved.
Levels of “Proof”Probable causeA probability that a crime
occurred or that a particular person was involved in a crime
Preponderance of evidence (civil case)Proof more likely than
not, more than 50%
Clear and convincing evidence
Beyond a reasonable doubt
© 2017 Cengage Learning. All Rights Reserved.
Rights of the AccusedCrime prevention must take place without
the violation of individual rights and liberties
Due process of law
Key examples include:The right to remain silentThe right to
have a trial by jury The right to counsel in criminal proceedings
© 2017 Cengage Learning. All Rights Reserved.
*
Criminal Procedure Amendments4th AmendmentSearch and
Seizure
5th AmendmentDouble jeopardy, self-incrimination
6th AmendmentSpeedy, public, fair trial
8th AmendmentExcessive bail, fine, cruel and unusual
punishment
© 2017 Cengage Learning. All Rights Reserved.
*
Types of Civil DisputesTort lawLegal wrong to another
Contracts
Property
Domestic relations
Inheritance
© 2017 Cengage Learning. All Rights Reserved.
Civil RemedyA remedy
The result a plaintiff seeking in a civil law suit
Remedies might be in the form of money damages, a declaratory
judgment, or an injunction
© 2017 Cengage Learning. All Rights Reserved.
*
Civil Remedies for Fighting CrimeLawsuits against criminal
defendants in
order to recover lost property
Awarding compensation for injuries to person or property
Declaratory judgment
Asset Forfeiture
Injunction
*Sexual assault cases are starting to be recognized more in civil
trials due to the CJ response
© 2017 Cengage Learning. All Rights Reserved.
*
Types of Injunctions
© 2017 Cengage Learning. All Rights Reserved.
Criminal Law OverviewMisdemeanorLess serious crime,
punishable by a fine and less than a year in jail
FelonyDepending upon the state, it is typically defined by the
term or location of imprisonment Over 1 yearState prison v.
county jail
© 2017 Cengage Learning. All Rights Reserved.
*
Differences Between Civil and Criminal Law
© 2017 Cengage Learning. All Rights Reserved.
The Five Elements of a CrimeCorpus Delicti:
Actus reus Guilty act
Mens rea Guilty intent
The guilty act and guilty intent are related
“Attendant circumstances”
Specific result
© 2017 Cengage Learning. All Rights Reserved.
*
Criminal Defenses
Legal defenses
Alibi defenses
Mistake of fact
Necessity
Justifications (self-defense)
Procedural defenses
Defense of excuse (infancy)
Insanity or mental illness
Juvenile delinquency
© 2017 Cengage Learning. All Rights Reserved.
*
Characteristics of the Most Common Serious Crimes
© 2017 Cengage Learning. All Rights Reserved.
Characteristics of the Most Serious Crimes
© 2017 Cengage Learning. All Rights Reserved.
United States v. LoughnerCase regarding politicians and
community membersQuestions of Loughner’s mental
illnessWarning signs for his mental illnessPsychosis,
paranoiaFederally chargedPsychiatric assessment ordered –
incompetent to stand trialIf his competency is restored, he will
likely plead insanityInsanity defense is a heated debate among
people
© 2017 Cengage Learning. All Rights Reserved.
Effects of the Criminal Law on CourtsCriminal Law
and…InconsistenciesPlea BargainingSentencing
© 2017 Cengage Learning. All Rights Reserved.
*

CS 133 Introduction to Python Assignment 1 1) Write a .docx

  • 1.
    CS 133 Introductionto Python Assignment 1 1) Write a program that produces a comparison of the balance of a bank account over time between simple, monthly and daily methods of compounding interest. The program should prompt the user for an initial balance, an interest rate, and the number of years to compare. The output should be a table with four columns, one for the year and one each for the yearend balance in the account given each compounding method. The columns should be aligned and account balances expressed in dollars and cents, e.g. $ 1050.00. 2) Write a program to print a table of powers. The program should read three values: a base and two exponents, min and max. The program should print output values for basen for min ≤ n ≤ max. The output should be formatted in three columns: base, exponent value (n) and result value (basen). Make your code as readable as you can by choosing appropriate variable names and adding comments to your code. Upload your .py files through the course Moodle page.
  • 2.
    CHAPTER 1: COURTS, CRIME,AND CONTROVERSY © 2017 Cengage Learning. All Rights Reserved. Learning Objectives Describe how the courts are related to the other components of the criminal justice system Discuss the major types of courts found in the United States Identify the most important actors in the courthouse List the steps in a typical felony prosecution Explain how a law in action perspective complements a law on the books approach to studying the criminal courts Distinguish between the crime control model of criminal justice and the due process model of criminal justice © 2017 Cengage Learning. All Rights Reserved. Trayvon Martin What do you know about the Trayvon Martin case? Other than the court system, who else played a role in his arrest/apprehension and to what extent? © 2017 Cengage Learning. All Rights Reserved. The Courts and the Criminal Justice SystemIn addition to
  • 3.
    Courts, the twoother main components of the Criminal Justice System are: Police Corrections © 2017 Cengage Learning. All Rights Reserved. * Courts and the CJ System Courts are related to the rest of the criminal justice system as follows:InterdependentAll have different goals, histories, operating proceduresAll forced to interact with one anotherFragmentedOver 18,000 law enforcement organizationsCorrections encompasses prisons, probation, parole, drug treatment, halfway houses, etc.Court has many actors including private citizensTensions and ConflictsCome from conflicting goals and perspectives © 2017 Cengage Learning. All Rights Reserved. * U.S. CourtsMajor types of courts in the United States: Trial Courts Appellate Courts United States Supreme Court © 2017 Cengage Learning. All Rights Reserved.
  • 4.
    * Trial CourtsTrials areheld here, jurors sworn, and witnesses are questioned Lower courtsProcess felony cases Major trial courtsResponsible for final phases of felony prosecutions © 2017 Cengage Learning. All Rights Reserved. Appellate CourtsReview decisions made by trial courts—most often major trial courts No trials are held No jurors employed No witnesses heard Lawyers argue over previous cases © 2017 Cengage Learning. All Rights Reserved. US Supreme CourtCourt of Last Resort Cases are hand selected Hears Fewer than 85 cases a year Usually only hears cases impacting society as a whole © 2017 Cengage Learning. All Rights Reserved. Thinking Point
  • 5.
    Roe v. Wadechallenged a Texas law that prohibited abortions except to save a woman's life. The Court was careful to balance the right of a woman seeking an abortion with the states' interest in protecting maternal health and the potential life of the fetus. What allows the Supreme Court to hear this type of case? Do you agree that a court should decide the fate of a woman’s choice? © 2017 Cengage Learning. All Rights Reserved. Thinking Point Elena Kagan and Sonya Sotomayor are the newest U.S. Supreme Court Justices added to the panel since President Barrack Obama took office. What impact, if any, do you think bringing two minority women onto the Supreme Court will have on future cases? © 2017 Cengage Learning. All Rights Reserved. Actors in the CourthouseThe most important actors in the courthouse include: ProsecutorsDefense AttorneysJudgesDefendantsVictims © 2017 Cengage Learning. All Rights Reserved. * Actors in the Courthouse © 2017 Cengage Learning. All Rights Reserved.
  • 6.
    The Steps ina Typical Felony Prosecution CrimeFelony/Misdemeanor Arrest Initial appearance Bail Grand Jury Preliminary Hearing Arraignment Discovery Pretrial Motions Plea Negotiation Trial Presentence Investigation If a Guilty Verdict, sentencing Possible Appeal © 2017 Cengage Learning. All Rights Reserved. * The Steps in the Criminal Judicial Process © 2017 Cengage Learning. All Rights Reserved. Law on the Books and Law in ActionLaw on the BooksLegal and structural components of the judiciaryConstitutionsLegislationRegulationsCourt CasesLaw in ActionFocuses on human factors governing the actual
  • 7.
    application of lawPoliceProsecutorsJudgesVictimsWitnesses Jurors ©2017 Cengage Learning. All Rights Reserved. * Brown v. Mississippi Race related murder case of innocent men and corrupt police Confessions based on torture, coercive tactics“Free and voluntary” confessions as evidence Due process & 14th Amendment © 2017 Cengage Learning. All Rights Reserved. Crime Control Model and Due Process ModelDiscuss the details of the Trayvon Martin case The controversy surrounding the case can be compared through two criminological concepts: Crime control Due process © 2017 Cengage Learning. All Rights Reserved. The Crime Control Model and the Due Process ModelThe Crime Control ModelConservative modelProposes harsher penalties The Due Process Model of Criminal JusticeLiberal
  • 8.
    modelAdvocates social programsaimed at reducing crime by reducing poverty © 2017 Cengage Learning. All Rights Reserved. * The Crime Control Model Individual Responsibility Self-Control Discipline Quickly determine innocence or guilt Informal Fact-Finding is foolproof Speed and finality of courts Courts hinder effective law enforcement and provide inadequate protection to society © 2017 Cengage Learning. All Rights Reserved. * The Due Process Model Protecting the rights of the individual Social Influences Formal Fact-FindingCareful consideration of each case Considers the court to find error on the part of law enforcement & prosecutors Community based sentencing
  • 9.
    © 2017 CengageLearning. All Rights Reserved. * Thinking Point Jaycee Dugard was kidnapped at the age of 11. By the age of 15 she had two children by her kidnapper/rapist, Phillip Garrido. Phillip’s wife Nancy also took part in the kidnapping. Jaycee was found in 2009 and both Phillip and Nancy were charged with this crime. For this particular crime (the loss of a child’s entire childhood and mental wellbeing), which model of justice would you choose, and why? © 2017 Cengage Learning. All Rights Reserved. Is it time to end the war on drugs? Read this section of your text and discuss the following:What is your opinion on drug use and arrests?What is your opinion on drug court sentencing?Should drugs be legal?Do you agree with the crime control model or due process model? Why? © 2017 Cengage Learning. All Rights Reserved. Media Depictions/Distortions of Criminal CourtsMost people in the U.S. learn about the process of criminal courts through the mediaAdvantage:People are able to understand influences on the outcome of the case, such as:Influences of laws on the booksInfluences of law in actionInfluences of law in
  • 10.
    controversy Disadvantage:Media candistort reality to make dull proceedings seem more dramatic © 2017 Cengage Learning. All Rights Reserved. Media Depictions/Distortions of Criminal Courts Read the section in your text regarding the influence of the media on the Casey Anthony Trial Do you think Casey Anthony’s behavior is consistent with that of a parent concerned with the welfare of their missing child? Why or why not? Do you think that her behavior is evidence of her guilt in Caylee’s death? Explain. Do you think that the lack of forensic evidence affected the jurors in Casey Anthony’s case? Do you expect prosecutors to present forensic evidence in homicide cases? What effect did “proven guilty beyond a reasonable doubt” have on the outcome of the case? Do you think prosecution failed to prove her guilt beyond a reasonable doubt? © 2017 Cengage Learning. All Rights Reserved. CHAPTER 2: LAW AND CRIME © 2017 Cengage Learning. All Rights Reserved. Learning Objectives List the four key elements defining law Identify the three key characteristics of the common law Explain the importance of the adversary system Name the four amendments of the Bill of Rights that deal
  • 11.
    specifically with criminalprocedure List five major areas of civil law List the major elements of crimes Identify some of the most important legal defenses in American law Discuss the effects of the criminal law on courts © 2017 Cengage Learning. All Rights Reserved. The Basis of American LawBasis of Law = Human ConflictThe four key elements defining LAW: Law is a body of rules Law is enacted by public officials Law is enacted in a legitimate manner Law is backed by the force of the state © 2017 Cengage Learning. All Rights Reserved. * Common Law Heritage“The law common to the entire land” Anglo-Saxon or Anglo-American law used by English speaking people throughout the world Louisiana is unique among American states and uses the French system of civil law, but still uses the common law for crimes © 2017 Cengage Learning. All Rights Reserved.
  • 12.
    * Common Law HeritageTheThree Key Characteristics Judge-made law Based on precedent or stare decisis Found in multiple sources “uncodified” © 2017 Cengage Learning. All Rights Reserved. * Judge-Made LawCommon law Predominately judge-made rather than created by legislatures Modern criminal law Defined by legislative bodies through enactment of codes © 2017 Cengage Learning. All Rights Reserved. * Based on PrecedentStare DecisisTranslated literally: “let the decision stand”
  • 13.
    Followed previous courtdecisions with similar facts of a case By following previous court decisions, the system promotes fairness and consistency in judicial decision makingA cautious approach to problem solving © 2017 Cengage Learning. All Rights Reserved. * How to Read Legal Citations © 2017 Cengage Learning. All Rights Reserved. Found in Multiple SourcesCourts must know how the cases were interpreted, as well as their location Sources of American LawConstitutionsCodes or StatutesAdministrative Rules and RegulationsCourt Opinions or Cases—judge made law © 2017 Cengage Learning. All Rights Reserved. * ConstitutionsThe fundamental rules which dictate that people will be governed Create guidelines or rules for establishing that government First document establishing principles and general laws of a nation or state Define the powers each branch of government may exercise
  • 14.
    © 2017 CengageLearning. All Rights Reserved. * Thinking Point Consider the three branches of government. What are they, and what are the duties of each branch? Does your state have its own constitution? If so, take a moment to read some of the rules/guidelines of your state. Did you locate any that were outdated by modern standards? © 2017 Cengage Learning. All Rights Reserved. Codes or StatutesThese are rules enacted by state or federal legislatures and are the product of the legislative process Local government rules are often called “municipal ordinances” © 2017 Cengage Learning. All Rights Reserved. * Administrative Rules and RegulationsAdministrative agencies are created by, and get their power to act, from the legislature Regulations have the “force of law” the same way a legislative statute does, and they are often interpreted by the courts Internal Revenue ServiceState boardsZoning boards © 2017 Cengage Learning. All Rights Reserved.
  • 15.
    * Thinking Point Research theadministrative rules and regulations that apply to your local area. What administrative policies do you see? Discuss this in class. Do any of the policies seem limiting to your community? Are most of the policies “fair” by modern standards, or do they need updated? © 2017 Cengage Learning. All Rights Reserved. Judge-Made LawAppellate courts are still a very important source of American law They are not “making” law, rather they are “finding” it Constitutional law Still an area that is primarily judge-made © 2017 Cengage Learning. All Rights Reserved. * Thinking Point Consider any recent changes within your communityAre there any “social issues” that continue to take place? Pretend you are a judge in your local area. What is your first
  • 16.
    judge-made law thatyou will create and why? What guidelines will you use to create this law to make it fair and equitable? © 2017 Cengage Learning. All Rights Reserved. The Adversary SystemSubstantive Law: Rules that create legal obligationsSubstantive civil law Tort, contract, domestic relations Substantive criminal law Robbery, burglary Procedural Law: Establishes the methods of enforcing these obligations © 2017 Cengage Learning. All Rights Reserved. * The Adversary SystemBurden of proof is on the prosecutor for the state to prove guilt beyond a reasonable doubtSafeguardsCross-examination—6th amendment Diffusion of powerPresumptions and inferences—sanity & innocence Burdens of proof—production/persuasion © 2017 Cengage Learning. All Rights Reserved. * Levels of “Proof”Mere suspicionA hunchReasonable articulable suspicionOne can articulate reasons for suspicion Terry v. Ohio (1968)Creation of a stop and frisk for law
  • 17.
    enforcementBased on RASBrief,limited, investigative detentionsLegal to law enforcement personnel if they can articulate the reason for the detentionLandmark case, 4th amendment © 2017 Cengage Learning. All Rights Reserved. Levels of “Proof”Probable causeA probability that a crime occurred or that a particular person was involved in a crime Preponderance of evidence (civil case)Proof more likely than not, more than 50% Clear and convincing evidence Beyond a reasonable doubt © 2017 Cengage Learning. All Rights Reserved. Rights of the AccusedCrime prevention must take place without the violation of individual rights and liberties Due process of law Key examples include:The right to remain silentThe right to have a trial by jury The right to counsel in criminal proceedings © 2017 Cengage Learning. All Rights Reserved. * Criminal Procedure Amendments4th AmendmentSearch and Seizure 5th AmendmentDouble jeopardy, self-incrimination 6th AmendmentSpeedy, public, fair trial 8th AmendmentExcessive bail, fine, cruel and unusual
  • 18.
    punishment © 2017 CengageLearning. All Rights Reserved. * Types of Civil DisputesTort lawLegal wrong to another Contracts Property Domestic relations Inheritance © 2017 Cengage Learning. All Rights Reserved. Civil RemedyA remedy The result a plaintiff seeking in a civil law suit Remedies might be in the form of money damages, a declaratory judgment, or an injunction © 2017 Cengage Learning. All Rights Reserved. * Civil Remedies for Fighting CrimeLawsuits against criminal defendants in order to recover lost property Awarding compensation for injuries to person or property Declaratory judgment
  • 19.
    Asset Forfeiture Injunction *Sexual assaultcases are starting to be recognized more in civil trials due to the CJ response © 2017 Cengage Learning. All Rights Reserved. * Types of Injunctions © 2017 Cengage Learning. All Rights Reserved. Criminal Law OverviewMisdemeanorLess serious crime, punishable by a fine and less than a year in jail FelonyDepending upon the state, it is typically defined by the term or location of imprisonment Over 1 yearState prison v. county jail © 2017 Cengage Learning. All Rights Reserved. * Differences Between Civil and Criminal Law © 2017 Cengage Learning. All Rights Reserved. The Five Elements of a CrimeCorpus Delicti:
  • 20.
    Actus reus Guiltyact Mens rea Guilty intent The guilty act and guilty intent are related “Attendant circumstances” Specific result © 2017 Cengage Learning. All Rights Reserved. * Criminal Defenses Legal defenses Alibi defenses Mistake of fact Necessity Justifications (self-defense) Procedural defenses Defense of excuse (infancy) Insanity or mental illness Juvenile delinquency © 2017 Cengage Learning. All Rights Reserved. * Characteristics of the Most Common Serious Crimes © 2017 Cengage Learning. All Rights Reserved.
  • 21.
    Characteristics of theMost Serious Crimes © 2017 Cengage Learning. All Rights Reserved. United States v. LoughnerCase regarding politicians and community membersQuestions of Loughner’s mental illnessWarning signs for his mental illnessPsychosis, paranoiaFederally chargedPsychiatric assessment ordered – incompetent to stand trialIf his competency is restored, he will likely plead insanityInsanity defense is a heated debate among people © 2017 Cengage Learning. All Rights Reserved. Effects of the Criminal Law on CourtsCriminal Law and…InconsistenciesPlea BargainingSentencing © 2017 Cengage Learning. All Rights Reserved. *