SSCG22 The student will demonstrate knowledge of the criminal justice process. a. Analyze the steps in the criminal justice process. b. Explain an individual’s.

CIVIL CASES & THE CRIMINAL JUSTICE

PROCESS

SSCG22 The student will demonstrate knowledge of the criminal justice process.

a. Analyze the steps in the criminal justice process.

b. Explain an individual’s due process rights.

c. Describe the steps in a criminal trial or civil suit.

d. Examine the different types of sentences a convicted person can receive.

Legal System Principles

Four basic principles underlie the operation of both federal and state courts:

Equal Justice Under the Law Due Process of Law The Adversary System Presumption of Innocence

Equal Justice Under the Law The American court

system strives to treat all persons alike. Every person, regardless of wealth, social status, ethnic group, gender or age is entitled to the full protection under the law.

Due Process of Law Substantive due process involves certain

rights of individuals in the application of laws, some that are specified in the Constitution (like free speech) and some that are not (like the right to privacy in making decisions.)

Examples of laws that violate substantive due process: school board regulation that prevents a female teacher from returning to work sooner than 3 months after the birth of her child.

The Adversary System

Our courts operate under the adversary system.

Under this system, the courtroom is a kind of arena in which lawyers from opposing sides try to present their strongest cases. The judge in the case is impartial and should be fair to both sides.

Presumption of Innocence Presumption of

Innocence- Anyone charged with a criminal offense is presumed to be innocent till proven guilty. The prosecution must prove guilt; the defense does not need to establish innocence.

Steps in Criminal Justice Process: Crime Occurs Investigation & Arrest Preliminary Hearing Indictment Arraignment Trial Acquittal or Sentencing

Investigation and Arrest When police believe a crime has been

committed they start an investigation to gather enough evidence to convince a judge to give them an arrest warrant.

Once arrested, the suspect is “booked” at the station. They are often, fingerprinted, photographed, maybe asked to submit to a blood test or handwriting sample.

Lawyers do not have to be present. However, suspects have the right to ask for a lawyer before answering questions.

Preliminary Hearing When someone is arrested, he or she must

be brought before a judge, usually within 24 hours, to be formally charged with a crime.

The judge explains the charges to the defendant and reads the person’s rights. If the crime is a misdemeanor, the defendant may plead guilty and the judge will impose a sentence. If the defendant pleads not guilty, a trial date is set.

Preliminary Hearing If the charge is a felony, the judge will usually

set the date for the preliminary hearing. At this stage, the judge will either release the

defendant “on their own recognizance” if the court believes the person would return to face the charges or the judge can set bail.According to the 8th Amendment, the bail amount cannot be excessive. (Or bail could be denied)

Indictment

The next step varies from state to state. Some states (in some cases) will send

the case to the grand jury. This group of citizens will review the prosecutor’s allegations to determine if there is enough evidence for an indictment, or formal charge.

Plea Bargaining

90% of all cases come to an end with a guilty plea because of plea bargaining.

The prosecutor, defense attorney and police work out an agreement where the defendant pleads guilty to a lesser crime.

Does this allow criminals to get off lightly?

Arraignment (plea)

At the arraignment, the judge reads the formal charge against the defendant in an open courtroom. The defendant is represented by counsel.

Judge asks the defendant if he understands the charges against him and then asks the defendant to enter a plea or guilty or not guilty.

Types of pleas

Defendant enters one of 4 pleas: Not guilty Not guilty by reason of insanity Guilty No Contest (nolo contendere)

If enter a plea of guilty or nolo, defendant gives up right to a defense and judge decides sentence at that time.

Trial Sixth amendment guarantees a speedy trial

but long delays are common Felony trials: can choose between a jury or

bench trial Jury: A group of citizens who hear evidence

and determine guilt or innocence. Jury selected, prosecution presents case

against defendant, calls any witnesses and evidence is presented.

Trial

Defense attorney has right to cross examine witness and object to statements or actions by the other side.

Next the defense has its turn and may call witnesses.

5th Amendment states that defendants do not have to testify.

Attorneys for both sides present closing arguments to summarize

Trial

Jury decides verdict, or decision. Must be unanimous. If jury cannot agree (hung jury) and

judge declares a mistrial If found guilty, judge imposes the

sentence

Sentences a convicted person can receive: A concurrent sentence is

served at the same time as another sentence imposed earlier or at the same proceeding.

A consecutive (or cumulative) sentence occurs when a defendant has been convicted of several counts, each one constituting a distinct offense or crime, or when a defendant has been convicted of several crimes at the same time.

A life sentence represents the convicted person spends the remainder of his or her life in prison.

A mandatory sentence represents the rendering of a punishment for which a judge has/had no room for discretion.

A maximum sentence represents the outer limit of a punishment, beyond which a convicted person may not be held in custody.

A minimum sentence represents the minimum punishment or the minimum time a convicted person must spend in prison before becoming eligible for parole or release.

A suspended sentence actually has two different meanings. It may refer to a withholding or postponing of pronouncing a sentence following a conviction or it may refer to the postponing of the execution of a sentence after it has been pronounced.

Capital punishment or the death penalty, is the execution of a person by judicial process as a punishment for an offense. Crimes that can result in a death penalty are known as capital crimes or capital offences.

Defenses For an act to be a crime, it

must be not only intentional and in violation of a criminal law, but also without defense or justification.

Defense refers to situations that can mitigate guilt in a criminal case. Two common defenses are insanity and entrapment.

Justification is any just cause for committing an act that otherwise would be a crime. Self-defense is a prime example.

A person defending himself or herself can use only reasonable force in self-defense.

The force used to repel an attack should be proportionate to the amount of force used against the defendant. To use this defense, the danger must be imminent and the defendant must look for alternative ways of avoiding the danger. The rules of self-defense also apply to defense of another and the defense of property.

Insanity is a legal term, not a medical term. It refers to any unsoundness of mind, mental defect, or lack of reason that prevents people from distinguishing right from wrong and from understanding the consequences of their actions.

Civil Law Four most common types of civil law deal with:

contracts, property, family relations or civil wrongs that caused a physical injury to a person or injury to property (tort).

A contract legally binding document between 2 parties who agree to do (or not do) something.

Expressed contract: terms are specifically stated by the parties (usually in writing)

Implied contract: terms are not expressly stated but can be inferred by the actions of the people involved.

Valid ContractsIn order for a contract to be valid:1) All parties must be mentally competent and

of legal age to enter a contract. (18 or older)

2) Contract can not involve something illegal3) The contract must include an offer,

acceptance and usually a consideration. Offer: something will happen (or not happen)Acceptance: one party accepts offer (agree)Consideration: payment or exchange or

performance of something (for the offer).

Civil trail procedures

Civil trail procedures

1. Suit is filed - file a complaint

2. Summons defendant – notify the defendant of the complaint

3. Discovery – gather evidence

4. Mediation – try to workout an agreement outside of a trial

5. Discussion with judge

Steps in a civil case1. The first step of any lawsuit is "pre-filing." This is the

stage that occurs before any complaints or claims are filed in any court.

2. A complaint will be written and filed with a court - "pleading."

3. Discovery plan and time line - information is then presented to the judge for approval.

4. A motion for summary judgment allows a judge to look at all of the evidence and determine if a reasonable jury could still find for the person that moved for summary judgment.

5. If the lawsuit survives past summary judgment and discovery, the parties will go to trial.

6. The jury will hear the evidence presented by both sides and make a factual decision. Once the facts have been decided, the judge will rule in terms of law.