HOLT, RINEHART AND WINSTON
HOLT
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
HOLT
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.
HOLT
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.
HOLT, RINEHART AND WINSTON
HOLT
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?
HOLT, RINEHART AND WINSTON
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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?
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