Episode 3 The Rule of Law in America

 

Part I

From traffic lights to how we treat our children, there are laws in America that have to be obeyed.  You need to take the time to learn them.  If you will stay with me in this video and others, you will learn about some of them and how to comply with them. 

Not knowing the law is not considered an excuse or a defense in a court of law.  You need to understand that even minor offenses can result in you being deported.  This cannot be stressed too strongly.  If you wish to stay in America, you must avoid being arrested.

Do not offer a bribe to a policeman or any public official; you could end up charged with a felony and have to pay a fine or serve jail time.

When driving, everyone in the car must have on a seatbelt.  Small children must be in car seats or booster seats.  Children must be kept safe in other situations, too.  Letting children wander around streets and dangerous places is called child endangerment and can result in serious consequences.  Don’t physically harm a child when you punish them. 

Women are protected under American law.  They cannot be physically abused by their husband or forced to have sex against their will, even in marriage.

If a policeman comes up behind your car, you must pull over.  He will not pull in front of you as would happen in Afghanistan.  Pull over and calmly hand him your license, your car insurance, and the car registration.

 

Of course, what I will discuss here is not a complete list of laws, but it will help to prevent problems for you and your family.  Knowing the laws here will make your life easier and more pleasant. If one understands the laws one can avoid severely unpleasant consequences. 

Courtroom picture or something similar

 

  Situations may occur in which you believe that your honor is at stake and that you must physically fight with someone.  In America, honor is not an excuse to become violent.  Do not do it if you want you and your wife and your children to have a chance at having a life here.  Even if you feel that your honor is at stake, you need to find new ways of solving your disputes with others.  There may be situations where Americans become provocative towards you.  Don’t fight them.  They do not have as much at stake as you do.  If an American breaks the law, they are put in jail, but they eventually get out and go home.  However, if a person who is not a citizen gets in trouble with the law, then when they get out of jail, they are likely to be deported back to their home country.  Learning to discipline yourself and use restraint from reacting to provocative behavior is important.

Honor killings are absolutely forbidden.  They are treated like any other form of murder and in some states will result in the death penalty.  The concept of an honor killing is unknown in America and is treated harshly by judges and juries.

Bribery and corruption. Independent rankings of corruption place the United States relatively low compared to other countries. But the same rankings place Afghanistan very high in corruption compared to other countries.  For that reason, immigrants from Afghanistan are likely to have to shift their expectations.  Bribery is a crime.  Do not offer a bribe to a policeman or any public official; you could end up charged with a felony and have to pay a fine or serve jail time.

Picture of money changing hands—the picture could be Photoshopped to look kind of “grimy”

 

 

 

Traffic law.  Know the traffic laws of the state you live in.  Look on the relevant website or request a booklet from the state agency.  You cannot drive a car by yourself without having a driver’s license.  The minimum age for getting a driver’s license is 16-18 depending on the state you live in.  Most people obtain a learning permit prior to getting a license.  It allows you to drive if there is a licensed driver in the front seat with you.  You must pass a written and a driving test to obtain a license. Although almost all Americans own a car and it is the main means of transportation in the US, owning a car can be expensive.  In addition to buying a car and the gas for it, every year you have to pay for a new license tag and for liability insurance in case your car hits another car.  When driving you need to obey speed limits, especially in school zones, or you can receive an expensive fine.  The same applies to stop signs, traffic lights, and other traffic signs. 

 

                                                Picture of stop light or stop sign

                                                Or maybe a drivers manual

 

If you are driving and a police officer turns on his lights, you need to slow down and prepare to stop on the side of the road.  If he is trying to stop you, he will slow down and follow you.  Stop your car and be ready to show your license, your car registration and your insurance verification.  Remain pleasant, and do not be provocative.

                                                Possibly a shot of a motorist rolling down

                                                Their window and handing over their documents,

                                                Doing so in a calm manner.

 

If you have an accident, you need to provide your driver's license information and your insurance information.to the other driver.  Be sure to get the same information from the other person and write down their license tag. You may also want to take photos. Call 911 to report the accident so that the police will come to investigate.  Don’t move your car until the police tell you to.  People are generally not arrested at an accident unless they are drunk or on drugs.  Also call 911 for an ambulance if there is an injury.  This is not the time to admit to guilt if you have done something wrong.  Talk to an attorney first.  Most people don’t need an attorney, however.

 

                                                Video of person dialing 911

                                                Or possibly two people with cars that have apparently

                                                Bumped into each other, being civil to one another

                                                And exchanging information.

 

Children must ride in car seats or booster seats until they are large enough to use regular seat belts, usually 8 to 12 years of age.  Adults must have seatbelts snapped in place when driving or riding in a car.

 

                                                Stock photo of car seat and/or booster seat

 

Even walking has certain laws.  Use a sidewalk when there is one.  Walk on a road only if it is safe, and then walk in the direction facing traffic.  A pedestrian must also obey the traffic lights and not cross in the middle of a street.

Bicyclists must ride on the right side of the road in single file.

Family Law.  There are laws about the age of marriage.  They vary by state.  In some states, such as Oklahoma, the youngest age that marriage can occur is 16, but only if there is written consent from the parents.  Women must consent to marriage.  They cannot be forced into a marriage contract.  There can be wedding gifts but nothing like a dowry that obligates the bride to get married. 

 

 

                                                ?Stock photo of bride and groom?

 

 

There are laws about spousal abuse.  The law recognizes that women can be physically and sexually abused by their husbands.  A wife cannot be forced to have sex against her will.  If a spouse is physically harming or threatening their partner, then the partner can get a victims protection order.  What that means is that the spouse cannot come to where the partner lives or works. He must stay away or else he faces jail time.  If a husband physically or sexually mistreats his wife, she can also file legal charges but must be willing to testify against him if the case goes to court. These laws apply equally to both men and women who are abusive.

 

Laws governing divorce.  These vary state by state.  It used to be that courts would decide who was at fault in a divorce.  Now, all of the 50 states allow for a no fault divorce, which is simpler and does not have to assign blame.  However, child custody hearings can be very focused on who is at fault and can sometimes be lengthy and expensive.   The judge attempts to decide what is in the child's best interest, not what is in the parent's best interest. Whoever obtains custody usually receives child support from the other parent.  Visitation with both parents is usually granted, with the child living most of the time with one parent.  More and more, parents are asking for joint custody which involves splitting the time equally between parents.  When settling a divorce financially, in many states the couple's assets and debts are split equally. One usually obtains a lawyer when filing for divorce.  The wife or the husband can file for divorce. Neither has to have the approval or permission of the other. 

 

Children also have rights.  Immigrants may be used to using harsh physical punishment.  In the U.S. physical abuse is defined as non-accidental physical injury to the child.  Striking even with an instrument, pushing, kicking, burning, slapping or any similarly abusive action are not permissible. If a child shows up at school with cuts, bruises, burns, and so on, there may be a Department of Human Services investigation.  The same thing may happen if there is any indication that the child has been sexually abused, emotionally abused, or neglected.  Neglect occurs if there is failure to supervise or provide appropriate physical care.  Even emotional abuse may be investigated.  In some cases a child may be removed from the home and put into foster care, where they are cared for by a different family.  If abuse or neglect is found to be severe after a full investigation, the child may be removed from the home and put into foster care. There are trained and vetted foster parents who agree to take care of children removed from homes for a period of time while the department of Human Services works with the family with the goal of trying to return the child to the home.  This is not always possible, and sometimes children actually do not return to the home or are adopted by another family. Anyone who suspects abuse or neglect is required by U.S. law to report it to the Department of Human Services or the police.

 

 

                                                ?Picture of child looking sad?

 

 

Part II

 

 

 

Other laws pertaining to children. There are laws about children going to school. Children from the ages of kindergarten through high school have to go to school on a regular basis. If parents do not make sure their children go to school, then this may violate the law.  Exceptions are when there is an illness or a family crisis. In addition, children are required to have certain vaccinations in order to attend school. The school will provide the information as to what vaccines are required. The child can stop going to at the age of 16 to 18 depending on the state.  If a child drops out of school, they may later take a test called a general equivalency test and obtain what is called a General Equivalency Diploma.  This is considered to be about equal to a high school diploma.

Constitutional law and the Bill of Rights.  You are protected from government intrusion into your life.  Many laws are designed to protect one citizen from another. However, there is a very specific set of laws designed to protect citizens from government abuses. This is called the Bill of Rights. It includes among other things freedom of speech, freedom to assemble peacefully, and freedom to worship as one chooses. This means that no one can be prosecuted for being a Muslim. If government officials were Shiite they could not persecute Sunnis and vice versa.  The government cannot become Shiite or Sunni or Christian or any other religion. The government is prevented prohibited from identifying with one particular religious group.

 

                                                Stock photo of the Constitution

 

The constitution allows you to say what you think even if it is critical of the government. This is the basis of our political process.  But there are still things you cannot say. You cannot slander or malign a person in order to harm them unless you have substantial proof that what you’re saying is true. This is because they can be harmed financially and socially by your words. You cannot stand up in a movie theater and yell, “Fire,” as this could cause people to stampede and to be harmed. On the other hand you can say that a politician has been hurting the country through his policies. You can say that the politician needs to be voted out of office. You can advocate for war, and you can also protest against war.  You can write on the Internet about these subjects and not be prosecuted.  Remember, the Bill of Rights protects you from the government; it does not protect you from being sued if you harm another person with your words.

Discrimination Law and Work Law.  Women have the same rights as men.  They have an equal right to be in school, to go to college, be hired for a job and treated the same as their male co-workers

 

                                                Stock photo of men and women at work together

 

They cannot be the object of sexual touching or innuendos at work.  In the past women were sometimes taken advantage of at work.  Although women are not always treated equally in the US we continue to work toward this goal.

Laws against disturbing the peace and concerning public behavior.  There are laws against indecency, public intoxication, and disorderly conduct.  People cannot start a fight.  They also cannot urinate in public.  They cannot create a noisy situation, like a party, that will keep neighbors awake at night.

 

                                                ?Video of person revving a motorcycle?

 

Laws regarding debt.  If you run up debt on your credit card and don't pay it back, you can be sued by the credit card company to get their money back.  They might be able to get money taken out of your paycheck.  However, there are limits to what companies can do and cannot do. Certain things cannot be taken away from you.  Moreover, debt collectors cannot harass you by contacting you at unusual times or places. They aren’t allowed to contact relatives or call you at work if you tell them not to. If you have an attorney, they must contact your attorney rather than contacting you directly.  For legal purposes keep written notes of all your contacts with the creditor or debt collector.  

Laws against human trafficking.  It is illegal to sell children for any reason.  In the US it is viewed as a horrendous crime. The punishment for that is 20 years in prison.  In some cases the offender may spend the rest of their life in prison.

Laws about mistreatment of the elderly.  Sometimes the mistreatment which occurs is from staff in a nursing home.  Other times it is from a relative or someone else.  The harm inflicted can be physical, emotional, sexual or financial.  In some states neglect is also considered abuse.  An example of neglect would be feeding an elderly person an inadequate diet.  Every state has an agency referred to as Adult Protective Services.  It is their job to investigate reports of elder abuse.

 

                                                ?Picture of elderly person looking sad, disheveled?

 

Laws against defrauding the government or welfare system.   The federal government has provided several types of programs to assist people in need.  These include SNAP which is also known as food stamps.  Persons lying about their income or selling their food stamps would fall into this category.  This can result in losing benefits, having to pay them back, and even in some cases, time in jail.

The juvenile court system.  Children get special treatment in the courts. They are treated more leniently.  If they are found guilty it goes on their juvenile record, but that juvenile record is not made public after they become an adult. It is kept secret.  They do not have a trial by jury but are tried before special judges. If found guilty of a crime they are usually sent to a juvenile detention center not an adult jail or prison.

The judicial process of arrest, arraignment, bond, and hearings.  If a person is arrested, they are held in jail until an arraignment hearing is held before a judge.  At that time they can post bond (money to insure that they show up for their hearings) and be released until their trial.  If they cannot afford an attorney they are appointed one for free who is called a public defender.  At the time of trial they can plead guilty or not guilty.  If they plead guilty then the judge determines the sentence.  If they plead not guilty, they have the right to ask for a trial by jury of twelve people.  If found guilty they have a right to appeal.

Legal rights and obligations of immigrants.  If an officer stops you and asks to look at your papers, you must show them.  It is best for you to carry them on you. However, you do not have to answer his or her questions.  Americans have the right to remain silent when questioned, and this right extends to everyone, including non-citizens.  If there is something incriminating you do not want to talk about, you do not have to reveal it.  Anything you tell a police officer can and will be used against you in a court of law.  You also do not have to consent to be searched or to let your car be searched.  If you are driving, an officer can ask to see your license, your car registration form, and proof of insurance, but that is all you have to turn over. The officer can only search your car if they have probable cause to believe there is evidence of a crime in the car.

Laws about drugs and alcohol.  It is illegal for minors to possess drugs or alcohol, and it is illegal for an adult to provide drugs or alcohol to minors.  Drug possession by adults is illegal although many states are decriminalizing the use and possession of marijuana.  It is a federal law that possession of controlled substances can result in up to one year in prison.  Persons 21 and older are allowed to drink and to purchase alcohol.  However, driving under the influence of alcohol and drugs is considered a very serious offense and can result in losing one’s license and jail time.  There is a trend in America to provide treatment to persons who have drug and alcohol convictions and not simply sentence them to jail time.

Dogfighting.  Mistreatment of animals is illegal.  Intentionally pitting one animal against another is considered cruel and is punishable by a fine of thousands of dollars and/or time in prison.

Medical Law and HIPAA.  HIPAA is a law passed in recent years to protect the privacy of your medical information.  Even your spouse cannot be told about your medical conditions and medications unless you have consented to it by signing a special release form. 

 

                                                ?Stock photo of medical records or some

Kind of picture relevant to HIPAA?