Law, Justice and Society chapter 13

What is a band? To me at first I thought that a band was just a bunch of people playing music together and then I thought to myself why would that kind of band would be in my law book. So a band is like a tribe but in a band there is a fewer families living together and there is more of equality together. Sometimes bands and tribes solve their conflicts by revenge killings which are if someone from another tribe or band kill someone in their band or tribe then they go and kill someone in the other band or tribe. That goes back and forth until the entire band or tribe is killed off. The revenge killings are feared because there is a chance of killing everyone in the band or the tribe so they figure out different ways to deal with conflict. Tribes don't have written laws but they have a tribal council which decides how to deal with the crime that has been committed. Socialist law was originated in the Russian revolution and the establishment of the Union of Socialist Republic (USSR). The point of this law was to get rid of law. They believed that if everyone had the same opportunity to do things there would be no point to break the rules. In the socialist law they believed in believing that the criminal is guilty but they should have someone fight for them in court. Common law was originated in New English and it is common to everyone. The United states uses common law. Common law believed that the criminal should have someone fight for them in court. Civil law is the exact opposite of common law. In civil law the criminal is suspected to be guilty but everyone comes together to solve the problem and to find out if the criminal if guilty or not. The Islamic law cam from the Coran and its natural law. http://www.youtube.com/watch?v=82WCJ3DAh1g There is a lot of different laws in the world. Every country thinks that their law is best and that everyone else is wrong.

Law, Justice and Society chapter 12

Since the United States has became a country it had a problem with treating minorities poorly. First it started with the Native Americans who lived in the lands that we call the United States way before the white man moved here. At first everything was fine and the Natives tough the white man how to survive of the land and survive the harsh winters of the land. After a while the white man had the confederation period in which the articles of confederation were created and there was a national verses state conflict between the Native American affairs. Then the removal period happened that was the removal of Native Americans from the East to the West. The reservation period happened next, during this period all of the Native Americans were put in reservations and each reservation had their own government. After putting all of the Native Americans in reservations the white man tried to take away their customs and traditions and make the Native Americans in to more like white man. After trying to do that the Indian Reorganization period happened in which the Native Americans started to adapt the constitution and the white man started to give pack some of the traditions. Then the Termination period began in which there was a separation between the Native American reservations and the federal government so the reservations just started to fall under the state rule. The last period is Self determination period in which the federal government helped with cleaning of the Native American lands and helping the Native Americans. During this period the Native Americans had a choice if they wanted to be under the federal rule or not. The affects that all of thees periods had on the Native Americans was that Native Americans went from free people, to moved people, to restricted people, to people with rights and then to restored people. During some of those periods the African Americans were introduced to the United States as slaves. That is another minority that has been discriminated against for many years. Blacks were used as slaves and they were property and as property they had to do whatever their owner tells them to do. After being freed from slavery the Jim crow laws began which allowed the segregation of whites and blacks but not equal segregation. The segregation had a value in favor of the white man. The blacks had some rights like Civil rights that allowed them to sue and own property but the blacks could not sue because of all the legal fees. They had political rights like the right to vote but the pole tax and literacy tests stopped them from voting and blacks had social rights like mingling with the white man, it was a right for blacks not a choice. Things got better for minorities different acts were passed that allowed them to vote without having to take tests and not having to pay tax that was the voting rights act of 1965. Today there is still discrimination against minorities. The discrimination has gone down but it is still here like if there is a black man and a white man in trial for the same crime the odds are that the black man will get a more harsh punishment then the white man. http://www.youtube.com/watch?v=A7VbzzfMAuc http://www.youtube.com/watch?v=c_3mSW8XUZI Discrimination has always been here and everyone needs to work a little harder to stop it.

Law and Justice experience

On December 8, 2008 I went to the court house to talk to some police officers about scheduling a ride along with them. Then i found the list of all of the criminal and civil cases that were happening at the time that i was there. After debating for about five minutes. I picked a criminal and civil case that was happening to the same person. The parties in the case were getting divorced. The criminal part of the case was that the defendant broke the restraining order that his wife has placed on him. The defendants lawyer rescind the case right in the middle of the case so the defendant was left to defend himself. Wile that has been happening i was just thinking to myself that what would I do if this would happen to me? I was already nervous just from being in the court room and I didn't even have to do anything except take notes and listen. I was not involved but being in the court room still made me nervous. During the trial the defendant wanted the judge to remove the restraining order because he wanted to have the opportunity to see his son. The judge did not remove it and did not modify anything. The defendant got the short end of the stick on that part but the judge had made a way for the defendant to be able to see his son. So the defendant got a part of his claim. Toward the end of the trial the defendant was trying to prove his point to the judge but he was not prepared and wile speaking to the judge the defendant was thinking of what to say so it made his closing argument very lacking of facts. During the closing argument I thought to myself that the defendant should of stopped when he had his facts straight and did not have to look up information and did not have to think of what to say but knew what to say. I thought that he was just digging him self a hole that he could not get out of. After being in a court room for two hours and listening how a regular person was defending himself I thought that if this situation would happen to me I would hire a good lawyer and have the lawyer defend me. From this experience I learned that it is not impossible for a regular person to defend themselves but it is really hard to defend yourself against someone that knows laws much better then you. I never knew that there were so many different things involved in a divorce case, before I thought that the people who are getting divorced they sign some papers and agree on when each person gets the kid, who pays the child support and how they get to divide the property. I am glad that I went into a court room instead of going on a ride along with a police officer. I believe that I learned much more from this experience then I would from a ride along.

Law, Justice and Society chapter 11

Before this chapter I thought feminist were woman who all hatted men and thought that men are wrong in what they do. This chapter has changed my mind to me feminists are women who believe that women should be treated the same as men or just close the men, since men and women are built different and both men and women have different needs. Since Greek Mythology women have been treated as inferior to men and have been believed that they are the worst thing that has happened to the world. Homer believed that women were made to be controlled and that they were put on this earth just for mans pleasure. Plato and Aristotle believed that women are the body and the men are sole and that women are home and the men are society. That shows that they believed that women were not as good as men and that women are inferior to men. Athens believed that women are just for pleasure and that's all that they are good for. In Sparta women had some right but not as much as men. In Rome women were girls for their entire lives, that means that women were like property that when they got married their husband owned them. In Europe Federal System women were subordinate and home bound, if there was no male in the house hold then the women could have owned the property. Through out the entire history women are inferior to men and have been used as utensils of pleasure for men. Women were owned and if anyone hurt the wife or daughter of someone the husband or the father was compensated for the damage, it worked like property damage right now. http://www.youtube.com/watch?v=3YA13GNT8Mc (not only females can be a feminists males can be feminists too because they can believe that women are treated poorly in the past and now.) http://www.youtube.com/watch?v=GTLDb-flVNE (this video has some bad language). Today women still do not get paid the same as men at all jobs. Some jobs discriminate against women just because the people that run the jobs think that women can not handle the work load of the job. I believe that there are some jobs that women should not do but it is not for me to decide if women want to do the job or not. Women's law has been improving and has been giving the same rights to women as men have but there is still much work to be done in the world. So feminism is like a social movement that gives women more rights that men have and gives women more opportunities in life. We have came a long way from the olden days but to make everyone equal we still have to go even further. This chapter has been very interesting to me and now when i look into history i will know that women have been treated unfairly by men
for many years.

Just some pictures to get off such a heated subject. (click on the picture to see the entire thing)

Law, Justice and Society chapter 10

What is social change? It is a time when a social control has been broken so many times that social control cant control it any more and a the braking of the norm is okay and it is changed that social control does not control it and does not consider it as being broken norm. To relate this definition to our lives right now to me a social change is how open people are with their partners out in public. About ten years ago not a lot of people would be really open in public that they have a boyfriend or a girlfriend but in now times where ever anyone can look they can notice people at least holding hands. Law has a large impact on social change. Law lets change happen very slowly. When law is placed it is made to be concrete and not have to change but since everything is changing all around us laws need to change too. Like we would need more laws now days then we would need when the United States has been found. Social change can be a good thing but at the same time it can be a bad thing. When social change happens some of the norms are broken and when those norms are broken people can get offended on that side its a bad thing. On the good side when social change happens people can come together and new norms and standers can be made. When the new norms are made they will not stand for ever at one point they will change again and the circle of making new norms and standard will start all over again. http://www.youtube.com/watch?v=afJvvMGoe7I (this video show some of the people who had a large impact on social change). Social change is happening all of the time and people keep fighting for change into the better direction.

Law, Justice and Society Chapter 9

What is social control? Social control is any action that influences conduct toward conformity, whether or not the person being influenced are aware of the process. Law is more formalized social control. Social control is happening everywhere it starts with parents disciplining their children. Then it goes to police giving out warnings or tickets to people when the person has broken the law. Then the last social control is the values of people like cursing around little children or around someone who is a senior both of them are wrong. In the law and social control there are many different theories of punishment the first one is retributive theory which is like eye for an eye. The person which is in the wrong gets punished on the level of balance of what they did. The second theories is authoritarian theory is all about preventing the crime from happening again by the same person. In this theory the person who is in the wrong is punished to the extant that they will not want to do the crime again. The third theory is deterrence in this theory the person that is in the wrong is punished harsh for ultimate prevention. The fourth theory is incarceration this theory takes away the freedom of the person who did the crime. The fifth theory is rehabilitation in this theory the person gets treated for as long as it takes for them to get better. Then finally there is restorative justis in which the person who is responsible has to restore the victim to how they were before the crime, restore the society or community, and restore themselves to be a better person. The plea bargaining is a way for the prosecutor to get a guilty plea without working really hard on convincing the jury that the defendant is guilty. There are three different plea bargains. The first is charge bargaining in which the prosecutor lowers the charge if the defendant pleas guilty to it. The second is count bargaining in which the prosecutor lowers the amount of counts that they will be charging the dependent if they plea guilty. This bargaining usually is a trick because most of the time the prosecutor will drop those charges because they can not prove that the dependent actually did them. Then the last one is sentence bargaining the prosecutor will ask the judge to lower the sentence if the defendant pleas guilty to the charges. The plea bargaining is a good tool but it when the dependent pleas guilty to something in a plea bargain they give away some of their right. The social control and law chapter was interesting because i got to learn how we have came all this way in punishment and bargaining skill. http://www.youtube.com/watch?v=HJP296CpCa4

Law, Justice and Society Chapter 8

Juvenile Justice was one of the most confusing chapter for me so far. It was confusing because of all of the different movements happening and the government trying to help the juveniles out. When the juvenile is found responsible there are a lot of different things the government can do to the juvenile. They can lock them up in a juvenile hall which they are doing now and they are giving them rehabilitation while the juvenile is in juvenile hall. Another option the state has is to send them to a house in which the juvenile learns how to work and how to be more responsible. Before 1966 juveniles did not have any rights in the court system. The system that the juvenile court follows is the civil system. There has been a long debate if the juvenile court should be mixed with adult court. There was a movement in which the adult court and the juvenile court almost mixed That movement was called just desserts movement. During that movement there were a lot of juveniles in adult court and there were a lot of people in jails. Right now the juvenile Justis is between the rehabilitation and crime control movements. Now we have a place where the juveniles can think about what they have done and where they can learn how to be better people for the community. To me this is the best option because if one part doesn't work then we still have the other one to try and see if it works. http://www.youtube.com/watch?v=ePqFZCPBUdw http://www.youtube.com/watch?v=bxLZ4IL59EI the boys and the girls clubs are a place where kids can go to learn how they can be better for the community. The boys and girls club keeps kids out of trouble and keeps them safe.

Law, Justice and Society Chapter 7

What is civil law? Civil law is the area of law common law regulating the conduct of private parties and their relationships. Civil law is a really interesting law because it is very different from criminal law. In civil law for something to happen someone needs to have a complaint to the authorities and that starts the wheels rolling. To win a civil law the the plaintive needs to convince the judge that the defendant actually did the act that the plaintive is accusing them of doing. If they do convince the judge then the judge either gives a fair ruling for the damage caused by the defendant or gives the plaintive what they were asking for http://www.youtube.com/watch?v=n0u266b7guc. There are many differences between civil law and criminal law. In criminal law the defendant is found guilty in civil law the defendant is found responsible and needs to compensate the plaintive for their damage but in criminal law the defendant has to go and do time for what they have done. In criminal law the defendant gets more rights then in civil law that is because there is no true authority involved except for the judge. The part that is the most interesting to me from this chapter was the marriage law. It says that marriage is like a contract that two people make between each other and try to obey it for the rest of their lives. To me marriage was always two people coming together because of love and promising to each other to be true and to love one another for the rest of their lives. It was never like a contract.

Law, Justice and Society chapter 6

The purpose of criminal procedure is to balance between due proses and crime control, balance between society and individual and balance of ends and means. The criminal procedure is involved with the forth amendment which is no illegal search and seizure. The police officers should get a search warrant if they have the time to get it. When a police officer puts a request for a search warrant it is based on probable cause. The warrant must be particular to the place, person and thing to be search. The warrant must be issued by a neutral and detached magistrate. The time when a search warrant is not necessary is when an officer is searching a vehicle on public road and when officers safety might be jeopardised. The officer can search only the lunge area in the vehicle for their safety if the officer wants to search more then need consent from the owner of the vehicle. When the officer gets consent to search the person who gave consent they can always take it back and that does not give the officer probable cause to keep on searching or get a warrant. http://www.youtube.com/watch?v=nyokKFIecIo There are situations when an officer does not need a warrant to search a premises and that is open field search, open sniff search, plain view/plain touch. Those searches are not done very often because it is hard to prove that something was in plain view or it was not.
The Miranda right are one of the important thing that the officer needs to give to the person that just got arrested because with out it they can not interrogate that person. Chapter six was a really important chapter because without the knowledge of what the officer has the right to do the officer can take advantage of the situation and push the limits as far as they can. In this chapter i learned that it is okay to tell an officer that they can not do something and that will not get you in trouble.

Law, Justice and Society Chapter 5

Crime happens everywhere at all times of the day and night. Everyone has their opinion on what crime is but a lot of people do not know how to describe crime. Crime is anything that violates proscribed behavior without justifications or excuse and will receive punishment. There are many different kinds of crime. It ranges from a minore infraction to a mister miner and then to a felony which will get you time in jail. To be convicted the prosecutor need to prove the physical elements, mental elements, concurrence for most crimes and then for result crimes then need to prove all of those and cause and result. http://www.youtube.com/watch?v=LWZ8hBWNHKs This link shows some of the hate crimes that are happening in Russia.
One of the most serious crimes is first degree murder it need to be premeditated and deliberate. It is cold blooded murder. Hate crimes most of the time are first degree murder or second degree murdor because the people who are doing the attecks they know how to atteck and who to atack. There are alot of different crimes in the world todoay and they will alaway be there. The information that i took out of this chapter is that there are alot of different ways to keep the crime under control but since there is so many different crimes that there is no way that all of them can be stopped they just can be slowed down and there can be less of them.

Law, Justice and Society Chapter 4

Why do we have the Federal and State courts for? The states courts are for the crimes that have broken the state law. Those kind of crimes are not as large as federal crimes. The state course most of the time deals with minis offences like tickets, Petty theft, battery and so on. The federal court is designed to deal with more major crimes like kidnapping, murder and so on. That does not mean that the state court does not deal with those kinds of cases they do but the federal court gets to deal with them first. The fifth amendment does not apply to the charges that the state and the federal court can put on people. For example if someone kidnaps somebody and takes them to another state and gets caught. The federal court can charge them and if they don't get a conviction the state court can charge them to and that does not break the no double jeopardy part of the fifth amendment. The part of the chapter that was the most interesting to me was all of the different kinds of bail there is in the court system. The first kind is R.O.R. which stands for release on own recognisance which means there is no money exchanged just a signature which stands for that the criminal will come back to court or when caught will pay a large fine. The second one is cash bonds which says that you pay the money and then when you come back to court you will get it returned to you. The third kind is property bond it acts like a cash bond but you give up the ownership of property and the property is worth twice as much as the cash bond. The fourth kind is bail bonds agent in this bond the person who got arrested pays the bail bonds 10% of their bail and then once you come back they get the money back and if they don't come back the bail bond goes after them and during the trial the criminal has to pay the entire 100% of their bail. The fifth bail is signature bond which is not just a signature it is a promise to return and the criminal does not return they get to pay the bail in full. The last kind of bail is 105 bail in which the person pays 10% of their bail and gets releases. Its kind of like bail bond agent just with out the agent. If the criminal does not return and gets caught they have to pay the other 90% of their bail and if they do return they do not get the 10% that they have paid before back. http://www.youtube.com/watch?v=EmUfMqvcq2g this link shows how bail bonds work (has some bad language in this clip). http://www.youtube.com/watch?v=2xoLagHFEcs This clip is a funny commercial for a bail bond agency. This chapter is the chapter that i learned the most from and i was interested in.

Law, Justice and Society Chapter 3

In chapter three i learned how the law is made. The law is made by common law which is law that is made by judges. Henry the second is considered as the father of common law. Then there is precedents which is ideas that the current decisions are based on older cases. Then there is stare decisis that means let the decision stand. There is legislative law which is based on code of law. Case law which is law that is decided by judges and based on presidents and constitution. All of the laws are made to check and balance all of the court systems. Marbeler vs Madison created judicial review in which when a case gets appealed it is reviewed by different judges to see if any of the rights were violated. in this chapter i got to learn all of the bill or rights and why the bill of rights was created. The bill of rights is really interesting to me because when i learned my rights i learned that i don't have to be as afraid of police officers because i have rights that limit what they can do. I believe that everyone should know at least couple of the amendments from the bill of rights that way they will know what the police have the authority to do when they pull someone over. http://www.youtube.com/watch?v=qSA8LX0xNLg this link will teach the bill of right in a fun way. In chapter four i got to learn all of the different laws and the way they are made. This chapter is really interesting to me because of all of the different laws that are made.

Law, Justice, and Society chapter 2

In chapter two I learned about justice. Justice is an idea that defines what is fair. I learned that there are different justices couple of them are Distributive justice which is distributing resources to people who are productive in society. Retributive justice is how a society system of law goes by guilt or innocence and how it makes the ruling about how to punish the guilty. Those are the two main justices. The law and justice is always evolving in to something different and when it evolves it tries to bring more justice to people.
There are crimes that are intrinsically evel those crimes are called Mala In Se and there is crimes that are prohibited evil in perticular comunity and those are called Mala Prohibita. It is really hard to decide which crime is which because when you go to a different culture and sociaty different things are aloud and considered normal. Mala In Se is the crime that is the hardes to decide if it is inharited evil by everyone because of the all the different cultures. When i learnde Mala In Se I thought it would be easy to decide if it was inharitad evil or not but then i looked at different culutures and I saw that the things that were wront to me were part of those cultures. The part of this chapter that intreged me the most was the Due Proces and the due proces is the proces that is done to you when you have court and get arrested. The link that i put up is a vedio that shows how the due proces is broken all of the time by our government http://www.youtube.com/watch?v=s_VBs3-jVg4 . There is another proces that can be used and that proces is called crime control. Crime control is a a method that the police like to use to get more criminals off the street, minimize apeoas and save money and time. Those are not all of the things i have learned from this chapter. This chapter was a really interesting to me because i got to learn about how law and justice is made.

law, justice and society chpter 1

Chapter one was a very interesting chapter. I was interesting because i got to learn about how law became what it is today. I leaned that there are different views on law and different beliefs about law. I learned that The Code of Hammurabi was the first form of law that was written down. Then there were many different influential thinkers in the history of the law. Plato was one of them and he believed that people can be good if they get the chance and if other people believe in them. Aristotle believed that law comes from the common man, it should be made for the common man, and he believed in natural law. Thomas Aquinas believed that law originated from God, and he believed in natural law. Thomas Hobbes believed in positive law and that people are selfish and we need law to control us. John Lock believed in actual law and he believed that government should serve the people not the people serve the government. Those were some but not all the important people who had important opinions about law. Chapter one was a really informative about all of the different people who thought about law in different ways and that is what i learned from this chapter. This link will teach you a little bit about Plato and his works http://www.youtube.com/watch?v=WgPJUTltITk