Goal 5

Goal 5NC Competency Goal 5

The learner will explain how the political and legal systems provide a means to balance competing interests and resolve conflicts. Objectives5.01 Evaluate the role of debate, consensus, compromise, and negotiation in resolving conflicts.5.02 Identify the jurisdiction of state and federal courts.5.03 Describe the adversarial nature of the judicial process.5.04 Evaluate the role of debate and compromise in the legislative process.5.05 Explain how local government agencies balance interest and resolve conflicts.5.06 Analyze roles of individual citizens, political parties, the media, and other interest groups in public policy decisions, dispute resolution, and government action.

SECTION 1

Methods of Resolving Conflict•  Debate—a form of conflict resolution in which

two parties take sides of an issue and argue using evidence in order to persuade their opponent(s).

•  Consensus—this is when a general agreement is made by all parties after careful consideration of the opinions of all members of the group.

•  Negotiation—form of conflict resolution in which one party may or may not use a third party to bargain for terms that benefit one or both parties.

•  Compromise—form of conflict resolution where the two parties give up certain demands in order to accomplish a mutual goal.

What is the difference?

• Mediation—conflict resolution in which a third party (person) guides the arguing parties to a solution.

• Arbitration—conflict resolution in which a third party makes the decision for the arguing parties based on evidence given in a formal setting.

Conflict Resolution in Congress

• Debate:–Members of the houses discuss

and decide if a bill should be a law

• Compromise:–Conference Committee:• HoR and Senate meet to make the two versions of the bill into one version.

Local government and Zoning

• The purpose of a zoning code is to resolve conflicts between land uses by separating them…•When might this be used?

SECTION 2

Court Cases &

Jurisdictions

Jurisdiction

• The authority to act, hear a case, investigate, or make an arrest

DISCUSS:• Where does

Governor Easley have jurisdiction?

• Where does he NOT have jurisdiction?

Due Process

• Requires that both the ways in which government acts and the laws under which it acts must be fair.

• 5th Amendment – Federal Government can’t deprive any person of life liberty or property without due process

• 14th Amendment – the states cannot deprive any person of life, liberty, or property without due process

Original Jurisdiction

• The authority to be the first court to hear a case

Courts with Jurisdiction• Supreme Court- ex: cases

between states• District Courts- ex: state crimes

Appellate Jurisdiction

• The authority to hear a case on appeals

Courts with Jurisdiction• Appellate courts- hear cases from

district level• Supreme Court- hears cases from

Appellate level

Exclusive Jurisdiction

• The authority of only federal courts to hear the case

Courts with Jurisdiction• Federal Courts -all levels

Concurrent Jurisdiction

• The authority of state and federal courts to hear the case

Courts with Jurisdiction• District, Appellate, &

Supreme- all levels

Court Hierarchy

a) Supreme- hears cases with Constitutional questions. Guilt is not decided and decision is final!

b) Appellate- hears cases where legal errors were made in the original trial.

c) District- usually first court to hear a case and decides guilt.

Miranda v. Arizona (1966)

Amendment at Question• 5th(self-incrimination),

6th (attorney) & 14th (equal protection)

Story• Arrested but never

informed of his 5th and 6th Amend. Rights

Impact• All charged suspects must

be informed of their rights

Mapp v. Ohio (1962)

Amendment at Question• 4th(illegal

searches/seizures) & 14th (equal protection)

Story• Mapp is arrested for

obscene materials while police searched for a fugitive

Impact• Warrants must be specific

or evidence is not allowed in court

In Re Gault (1966)

Amendment at Question• 14th (equal protection)

Story• Gault, a minor, was

arrested but not given a lawyer or allowed to question witnesses

Impact• Minors are guaranteed

some the same “due process” rights as adults

Gregg v. Georgia (1976)

Amendment at Question• 8th(cruel & unusual

punishment)

Story• Gregg sentenced to death but

appealed on basis of 8th Amendment

Impact• Capital Punishment (Death

Penalty) does not violate 8th Amendment, depending on case

Gideon v. Wainwright (1963)

Amendment at Question• 6th(right to attorney) &

14th (equal protection)Story• Gideon arrested, but

denied an attorney even though he could not afford one

Impact• Attorney must be

provided for all defendants in a felony trial

SECTION 3

The Criminal Trial

Felony vs. Misdemeanor

• Felony- committing a major crime resulting in a harsh punishment (jail time)

• Misdemeanor- committing a minor crime resulting in a weaker punishment (fine or community service)

What is a Docket?

• A docket is the schedule of court cases. • It is currently full and backed up.

Plea Bargain

• When the prosecution offers to reduce the sentence if the suspect pleads guilty and/or testifies against others.

• Plea bargains result in a smaller docket and help to reduce prison overcrowding.

• DISCUSS:–What do you think the term “adversarial” means?–HINT: Who is your adversary?

Adversarial trial system

• opposing or attacks an opponent• The truth is discovered by

two sides competing against each other to prove their case to the jury (direct and cross examination)

Criminal Trial

• Description:–When the prosecution attempts to prove the defendant guilty of breaking a law

• Opposing sides:–Prosecution vs. Defense

The steps of a Criminal Trial

ArrestArraignmentPreliminary hearing

IndictmentTrialSentencing

Arrest

• Miranda Rights are read to suspect• Booking (fingerprints & mug

shot)

DISCUSS: Which Court case gave us the line “you have the right to an attorney…”

Preliminary Hearing

• Check to make sure “due process” has been carried out. Make sure nothing unfair has happened so far.

Indictment(pronounced: in-dite-ment)

• Suspect brought before a grand jury• Grand Jury decides if enough evidence exists for a trial to take place

Arraignment

• Judge informs suspect of the crime

• Suspect pleads guilty or not guilty• Bail is set to ensure suspect

returns to court

DISCUSS: Which amendment protects us from excessive bails?

Trial

1. Opening statements2. Direct & cross examination for

Prosecution3. Direct & cross examination for

Defense4. Petit jury (12 people) comes to

a verdict (guilty or not guilty)

Sentencing(if guilty)

• Petit Jury decides punishment that matches the crime• Judge can reduce the sentence if necessary

Civil LawCivil Law addresses conflicts

between individuals that cannot be settled without

legal assistance.

Methods of conflict resolution that have failed :

• Compromise: each side gives up something they want to reach an agreement.

• Negotiation: the act of reaching a compromise

• Mediation: a third party intervenes to help reach an agreement.

• Arbitration: a third party intervenes to issue a legally binding agreement.

In Civil Cases:

There is NO CRIME involved!NO POLICE!

NO JAIL!

Examples of Civil Cases• Property disputes: Who does it belong

to?• Breach of contract: Did you do what you

said you would do?• Personal Injury: Did you hurt someone?• Negligence: Were you careless and

something bad happened to someone else?• Family issues– Divorce: Legally ending a marriage (Who

gets what?).– Adoption: Legally obtaining a child (Are you

fit to be a parent?)

People Involved In Civil Cases

• Plaintiff: The person filing the lawsuit.• Defendant: The person the plaintiff is

in conflict with.• Attorney: Each side may or may not

hire one to help (6th amendment does NOT apply).

• Judge: Single person who rules on a case (bench trial)

• Jury: usually 12 people who must unanimously agree on a decision and decide the remedy.

Civil Trials

1st: a plaintiff brings a complaint (law suit) against the defendant

–Plaintiff vs. Defendant–Tort: Civil wrong

2nd Defendant receives a summons of the complaint.

3rd: Plaintiff and Defendant try to settle the matter (most law suits end here!)

4th: Last Resort: Trial

Steps to a Civil Trial

• Trial & Decision:– Each side presents an argument to the

Judge/Jury• May include witness statements, expert

testimony, evidence.

– Decision is based on a “preponderance of evidence” (have you proven responsibility)• Settlement: amount of money based by the

defendant to the plaintiff to make the situation “right” –Most civil cases are about $$$

• Custody: ownership

CRIMINAL PROCESSIn Review:

Criminal Law • Involves the violation of statutes (laws passed

by legislatures).

• Dual (TWO) Court System:

•Federal: addresses federal crimes– EXAMPLES: Terrorism, Cyber crimes, Crimes

against children, Hate crimes, Immigration, Organized crime, gun crimes, tax crimes, serial killers, or if it occurs in more than 1 state

•State: addresses state crimes– EXAMPLES: murder, rape, robbery, vandalism,

burglary, shoplifting

Types of Crimes

• Felonies: serious offenses–Usually punished by lengthy

incarceration.–Ex. murder, kidnapping, arson, rape,

robbery

• Misdemeanors: less serious offenses–Usually punished by fines, community

service, less than a year in jail.–Ex. littering, shoplifting, jaywalking,

vandalism

APIATS

Arrest, Preliminary Hearing, Indictment, Arraignment,

Trial, Sentencing

Steps in a Criminal Trial

A: Arrest • Step One: The Miranda rights

are read to the suspect. •Miranda v. Arizona

• Step Two: The suspect has their mug shot taken and they are fingerprinted.

P: Preliminary Hearing

• 1st The suspect appears before a judge to hear the official charges brought against them. (Writ of Habeas Corpus)

• 2nd Bail (money to get out of jail) is set to ensure that the accused shows up to trial (8th amendment)

I: Indictment

• The suspect appears before a grand jury to hear evidence of the charges.

They do not decide guilt or innocence!!

• The purpose of the grand jury is to determine whether or not there is enough evidence issue an indictment (formal charges).

A: Arraignment• The accused appears before a judge

and enters a plea (guilty or not guilty).

• If the accused enters a plea of guilty, it usually means that the accused has made a plea bargain (plead guilty to a lesser crime) with the prosecution.

• If the suspect pleads not guilty, a trial date is set.

T: Trial• The adversaries (two sides) –Prosecution: the states side, has “burden of proof”–Defense: the accused

• A petit jury is selected (jury duty).

• Each side presents their arguments & evidence.

The jury then deliberates and returns a verdict (decision)

– If the jury agrees unanimously (all) that the accused is not guilty, the suspect is acquited.

– If the jury agrees unanimously that the suspect is guilty, the accused is convicted. A date is set for sentencing.

– If the jury cannot reach a unanimous decision, a hung jury is declared.• The case may be tried again or dismissed

S: Sentencing • The jury renders their

punishment for the crime that was committed according to the state’s penal code (consequences)

–Must adhere to the 8th amendment when issuing their sentence.

Other important vocabulary

• Subpoena– an order requiring you to appear in court (MUST)

• Summons – a request for you to appear in court

• Extradition – When a law enforcement agency from one area works closely with another law enforcement agency to return a suspect to the place of a crime

The Jury

To Be Eligible (able) to Serve on a Jury in NC:

• Must be 18 years old• Must be a US Citizen• Must be able to understand English• Cannot have served on a jury in the

last 2 years• Must not have been convicted of a

felony (unless your rights were restored)

• Must be physically and mentally competent

Jury Selection Process• Group of between 30-50 people

receive a summons in the mail (tells them when to show up for court)

• Called to the jury box 12 at a time• Judge gives a brief intro to the case

and asks whether there is any reason why a juror can’t serve (like you knew the victim or the defendant, etc…)

Each side (the Prosecution and the Defense) asks jurors questions

Dismissing a Juror◦For cause – a lawyer can request a

juror be dismissed if there is evidence that they are prejudice about a case.

◦Preemptory challenges – dismissing a juror without stating a reason. The lawyer can dismiss a juror if they think the juror will not help them win.

Small number of alternate juror selected in case a juror becomes ill.

• A foreperson is usually selected to run the deliberations or the voting.

• In most states, the decision must be unanimous (all jurors agree on innocence or guilt)

• Jurors can be Sequestered, or housed in a hotel secluded from other people and reporters.

Juveniles &

the Law

Who is a “juvenile”?

• By federal standards all persons 17 and under are considered juveniles.

• Each state has the authority to decide who, by age, may be tried in juvenile courts. –North Carolina juvenile courts only have jurisdiction over persons 15 and younger.

Juvenile’s rights• due-process rights

– right to trial– right against self-incrimination– right to call witnesses– right to have their parents and legal advisor present

• In most states, juveniles being tried in juvenile court are not entitled to a jury.

• Most juvenile court proceedings are closed to the public and records are highly confidential.

– The privacy of juvenile offenders is strictly guarded.

– Under certain circumstances, juvenile records may even be cleared.

Types of Juvenile Cases

• Delinquents: juveniles who break the law

• Neglected: juveniles who are abused or abandoned by their caregivers

Punishment

• Wide range- community service, boot camp, detention centers, treatment programs.

• Emphasis is on REHABILITATION–Correcting the juvenile before they

become adults.

Supreme Court Cases

• The "In re Gault" decision – youth would be entitled to certain due process

rights (similar to adults)

• Ropper v. Simmons– No death penalty if the offender was under the

age of 18 at the time of the crime.