Criminal & Civil Law (16.1&2)

Civil LawFor use with section 16.1

I. WHAT HAPPENS IN A CIVIL CASE?

A. Pleadings

B. Discovery

C. Pretrial Discussions

D. Trial

E. Verdict

F. Appeal

I. WHAT HAPPENS IN A CIVIL CASE?

A. Pleadings1) Complaint

individual hires a lawyer files this formal statement with the proper court names the plaintiff and defendant describes the nature of the lawsuit

I. WHAT HAPPENS IN A CIVIL CASE?

A. Pleadings2) Summons

official document from the court describing to the defendant the suit against him and ordering him to appear in court

I. WHAT HAPPENS IN A CIVIL CASE?

A. Pleadings3) Response

this is the defendant’s answer to the complaint may be an admission, an explanation, or rebuttal of

the charges together with the complaint these make up the

pleadings

I. WHAT HAPPENS IN A CIVIL CASE?

B. Discovery lawyers from both sides have the opportunity to check

facts, gather evidence, and question witnesses and the other party

I. WHAT HAPPENS IN A CIVIL CASE?

C. Pretrial Discussions conference called by the judge with both parties to help

clarify the differences and prepare for trial

I. WHAT HAPPENS IN A CIVIL CASE?

C. Pretrial Discussions1. Drop the Suit

if the plaintiff believes his case to be too weak, he may withdraw his lawsuit

I. WHAT HAPPENS IN A CIVIL CASE?

C. Pretrial Discussions2. Settle

if the defendant believes the case is too strong against him he may wish to settle the case without a trial

this option saves both sides a lot of time and money

I. WHAT HAPPENS IN A CIVIL CASE?

C. Pretrial Discussions3. Mediation

a neutral 3rd party is brought in to hear both sides of the case

a mediator will lead the discussions trying to keep discussions open

the role of the mediator is to help the two sides reach an agreement or settlement

I. WHAT HAPPENS IN A CIVIL CASE?

C. Pretrial Discussions4. Arbitration

both sides may agree to arbitration where the decision is binding on both parties

a third party reviews each side of the case and makes a decision

I. WHAT HAPPENS IN A CIVIL CASE?

D. Trial must be a jury of 6 to 12 members or a judge will hear the

case alone both sides present their case and evidence and witnesses

– plaintiff first before deliberations (the jury or judge taking time to think

over the evidence) both sides make their closing statements by summarizing their case

I. WHAT HAPPENS IN A CIVIL CASE?

D. Trial1) “preponderance of evidence”

in a civil trial, the plaintiff must have presented enough evidence to persuade the judge or jury that the defendant is responsible for the incident that caused the damages

I. WHAT HAPPENS IN A CIVIL CASE?

E. Verdict1) If for the plaintiff...

a remedy is set – remedy is the way the defendant must make up for the injury that was caused to the plaintiff

I. WHAT HAPPENS IN A CIVIL CASE?

E. Verdict2) If for the defendant...

the plaintiff gets nothing and must pay court costs

I. WHAT HAPPENS IN A CIVIL CASE?

F. Appeal asking a higher court to review the case may be done if the losing side believes the judge made

errors during the trial or an injustice has taken place this often means that it can be years before a winning

plaintiff actually receives any money

Criminal LawFor use with section 16.2

I. CRIMES

A. Penal Codes each state’s written criminal law code establishes classifications (degrees of seriousness) for

certain crimes sets penalties for types of crimes

I. CRIMES

B. Types of Crimes1) Misdemeanors

2) Felonies

I. CRIMES

B. Types of Crimes1) Misdemeanors convicted persons may be fined or sentenced to one year

or less repetition of certain misdemeanors (such as DUI) will

become felonies

I. CRIMES

B. Types of Crimes1) Misdemeanors

a) Victimless crimes crimes against morality difficult to enforce since the victim is the

perpetrator examples: unauthorized gambling, use of illegal

drugs

I. CRIMES

B. Types of Crimes2) Felonies

“more serious” crimes

I. CRIMES

B. Types of Crimes2) Felonies

a) Crimes against people violent or potentially violent crimes

i. Examples murder manslaughter assault rape kidnapping

I. CRIMES

B. Types of Crimes2) Felonies

b) Crimes against property most common type of crime

i. Examples larceny – taking of property unlawfully vandalism – deliberate destruction of property fraud – taking property by dishonest means or

misrepresentation

I. CRIMES

C. Penalties1) Functions of Penalties

a) Justice Criminal to pay for an offense against a victim or

society

I. CRIMES

C. Penalties1) Functions of Penalties

b) Safety to society Keep dangerous criminals off the street

I. CRIMES

C. Penalties1) Functions of Penalties

c) Deterrent to others by seeing the severity of punishments it will keep

people from engaging in criminal acts

I. CRIMES

C. Penalties1) Functions of Penalties

d) Correction many states call their prison system “Department of

Corrections” states seeks to rehabilitate criminals while in prison

so they will not commit a crime when they return to society

I. CRIMES

C. Penalties2) Sentencing

because every case has different circumstances, sentences may be very different

I. CRIMES

C. Penalties2) Sentencing

a) Indeterminate sentencing judge gives a minimum and a maximum length for

the sentence

I. CRIMES

C. Penalties2) Sentencing

b) Parole offers a lighter sentence to those criminals in

prison who show that they have been rehabilitated

i. Opponents’ Arguments parole offers criminals a shorter sentence than the law

states some believe that a criminal has not had the chance to

fully pay their debt to society

I. CRIMES

C. Penalties2) Sentencing

c) Mandatory Sentencing judges must impose whatever sentence is required

i. Opponents’ Arguments Some argue that in some cases a judge must impose

more severe penalties than the circumstances of the case justifies

II. WHAT HAPPENS IN A CRIMINAL CASE?

A. Arrest

B. Hearing

C. Indictment

D. Arraignment

E. Trial

F. Verdict

G. Sentencing

H. Appeal

II. WHAT HAPPENS IN A CRIMINAL CASE?

A. Arrest1) Reading of Rights

this is the result of the 1966 case Miranda v. Arizona a defendant must know his legal protections before he

is taken to the precinct and asked any questions the right to remain silent the right to have an attorney present during

questioning right to a court-appointed attorney if the defendant

can not afford one the right to stop answering questions at any time

II. WHAT HAPPENS IN A CRIMINAL CASE?

A. Arrest2) Booking

when the defendant is charged with the crime includes fingerprinting and photographing defendant may call his lawyer at this time

II. WHAT HAPPENS IN A CRIMINAL CASE?

B. Hearing defendant appears in court a few hours after being

booked the prosecution must show the judge that there is

probable cause for believing the defendant committed the crime (protect of habeas corpus)

bail is set and is based on the seriousness of the crime and what risk there is of the defendant returning to court at his trial date

II. WHAT HAPPENS IN A CRIMINAL CASE?

C. Indictment formal accusation of a suspect many states use a grand jury to determine if there is

enough evidence to warrant an arrest some states use preliminary hearings instead of grand

juries federal courts use grand juries

II. WHAT HAPPENS IN A CRIMINAL CASE?

D. Arraignment the defendant is presented with the charges and is asked

to make a plea

II. WHAT HAPPENS IN A CRIMINAL CASE?

D. Arraignment1) Plea Options

a) Not Guilty defendant states that he is not the perpetrator of

the crime the case continues

II. WHAT HAPPENS IN A CRIMINAL CASE?

D. Arraignment1) Plea Options

b) Guilty defendant admits to the crime the judge must next determine a punishment

II. WHAT HAPPENS IN A CRIMINAL CASE?

D. Arraignment1) Plea Options

c) No Contest the defendant does not admit guilt but does not

want to fight the prosecution this has much the same effect as a guilty plea

II. WHAT HAPPENS IN A CRIMINAL CASE?

D. Arraignment1) Plea Options

d) Plea Bargain this occurs when the prosecution offers the

defendant the opportunity to agree to plea guilty a lesser charge

this option, when available, reduces the seriousness of the crime and eliminates a long drawn-out trial

this ensures the defendant will be punished for the crime

II. WHAT HAPPENS IN A CRIMINAL CASE?

E. Trial1) Lots of work for the lawyers

lawyers interview witnesses, studies laws affecting the case, gathers as much information as possible

II. WHAT HAPPENS IN A CRIMINAL CASE?

E. Trial2) Jury selection

a large pool of potential jurors is selected at random lawyers from both sides will select jurors based on how

biased they believe the jurors will be

II. WHAT HAPPENS IN A CRIMINAL CASE?

E. Trial3) Opening Statements

lawyers for both sides will set an outline for their case

II. WHAT HAPPENS IN A CRIMINAL CASE?

E. Trial4) Presentation of Cases

each side will present evidence, call and question witnesses, hear testimony, cross-examine opposing witnesses

II. WHAT HAPPENS IN A CRIMINAL CASE?

E. Trial5) Closing statements

each lawyer will highlight the case they presented in order to sway the jury

II. WHAT HAPPENS IN A CRIMINAL CASE?

F. Verdict1) To find the defendant guilty

the jury must believe that there be enough evidence to prove “beyond a reasonable doubt” that the defendant is guilty

most states require an unanimous decision

II. WHAT HAPPENS IN A CRIMINAL CASE?

F. Verdict2) Acquittal

is a “not guilty” vote the defendant is immediately released

II. WHAT HAPPENS IN A CRIMINAL CASE?

F. Verdict3) Hung Jury

occurs when after several days, the jury can not reach a unanimous decision

this does not provide a guilt or not guilty the case may be retried until a verdict is reached

II. WHAT HAPPENS IN A CRIMINAL CASE?

G. Sentencing when the defendant is found guilty in some states, the jury decides the penalty this is when the defendant decides how long they must

spend in prison

II. WHAT HAPPENS IN A CRIMINAL CASE?

H. Appeal a guilty defendant may appeal to a higher court if they

believe that the judge had made errors during the trial