(LOR-2.D) Liberty Vs. Order: Explain how the Supreme Court has attempted to balance claims of individual freedom with laws and enforcement procedures that promote public order and safety
What 3 things did the 4th amendment do?
| What did the 8th amendment say?
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Civil Law vs Criminal Law
The key difference between civil and criminal law comes in the courts themselves, as criminal cases are typically prosecuted by state officials, whereas civil cases take place between plaintiffs, or private individuals/organizations. The overall processes are different, as is how they’re ultimately found guilty (criminal court) or liable (civil court).
Rather than requiring criminal law’s “beyond a reasonable doubt” standard of evidence, civil law operates on a “preponderance of evidence” standard which, according to Cornell Law School, is a “greater than 51-percent chance that the [plaintiff’s] claim is true.”
Where criminal law was designed to protect the state’s welfare from actions deemed threatening or harmful to its overall safety, civil law focuses on private relationships between members of a given community or society.
The key difference between civil and criminal law comes in the courts themselves, as criminal cases are typically prosecuted by state officials, whereas civil cases take place between plaintiffs, or private individuals/organizations. The overall processes are different, as is how they’re ultimately found guilty (criminal court) or liable (civil court).
Rather than requiring criminal law’s “beyond a reasonable doubt” standard of evidence, civil law operates on a “preponderance of evidence” standard which, according to Cornell Law School, is a “greater than 51-percent chance that the [plaintiff’s] claim is true.”
Where criminal law was designed to protect the state’s welfare from actions deemed threatening or harmful to its overall safety, civil law focuses on private relationships between members of a given community or society.
Unit 3 topic 6 for the AP Government curriculum which is all about how the Supreme Court sees to strike a balance between individual freedom and public safety and order. We'll look at examples of this debate through the lens of the 8th amendment (the debate over the death penalty), the 2nd amendment (gun ownership), and the 4th amendment (rights to be secure in our metadata).
Closing
- Complete: Liberty vs Order pt 1
- No Zoom session Thursday 3/3/2022: Independent study day. We will meet again on Friday 3/04/2022
- We are past the midway point in the quarter. There are only Two(2) weeks left in the quarter, which ends on March 9th.
- By March 7th you should have at least 50% of your Edgenuity assignments completed alone with any other assignments needed.