Civil and Criminal LawChapter 16

Plaintiff v Defendant

• In civil cases the plaintiff–the party bringing a lawsuit–claims to have suffered a loss and usually seeks damages, an award of money from the defendant.

• The defendant–the party being sued–argues either that the loss did not occur or that the defendant is not responsible for it.

Types of Civil Lawsuits

• Lawsuits involving a few thousand dollars or less are often handled in a small claims court, where people act as their own attorneys.

• Lawsuits may involve property disputes, breach of contract, or divorce.

• A negligence suit is filed when a person has been injured or killed or when property has been destroyed because someone else has been careless or negligent.

FIRST STEP IN A CIVIL CASE

GET A LAWYER

What Happens in Civil Cases

• A lawsuit starts when the plaintiff’s lawyer files a complaint–a formal statement naming the plaintiff and the defendant and describing the nature of the suit.

• The court then sends the defendant a summons, a document telling him of the suit and requiring him to appear in court at a certain time.

The Defendant’s Response

• The defendant may respond by having his lawyer file an “answer” to the complaint.

• The answer may admit to the charges or deny responsibility.

• The complaint and answer together are called pleadings.

• During the discovery process before the trial, both lawyers check facts and gather evidence by questioning the other party and witnesses.

Pretrial Discussions

• The judge may call a pretrial conference with both parties.

• If the case is weak, the plaintiff may decide to drop the suit.

• If it is strong, the defendant may offer a settlement in which parties agree on the amount of money the defendant will pay the plaintiff.

• Another way to resolve disputes before going to trial is through mediation.-A trained mediator does not decide the case, but serves as a neutral party to help the two sides reach an agreement.

• The two sides may choose arbitration. -A professional arbitrator reviews and resolves the dispute, and the arbitrator’s decision is usually binding on both parties.

Pretrial Discussions

• Most civil cases are settled before trial for several reasons.

• First, parties often prefer a negotiated outcome to the uncertain outcome of a trial.

• Second, it may take years for a case to come to trial.

• Third, trials are expensive and time-consuming.

Trial• If the parties do not settle, the case goes to

trial.• A jury of 6 to 12 members or, more likely, a

judge will hear the case. • First the plaintiff and then the defendant

present.

Trial• The plaintiff has to present enough

evidence to persuade the judge or jury that the defendant is likely to be responsible for the incident.

• This is a lower standard than prosecutors must meet in criminal cases.

Trial• The judge or jury considers all evidence and

decides on a verdict in favor of one of the parties.

• If the plaintiff wins, a remedy is set. If the defendant wins, the plaintiff gets nothing and must pay court costs.

Appeal

• If the losing side believes the judge made errors or some injustice occurred, it may appeal to a higher court.

• Cases involving large awards are often appealed.

• As a result, the winning plaintiff may wait years for the money and may end up with nothing.

__ 1. a notice directing someone to appear in court to answer a complaint or a charge

__ 2. a formal notice that a lawsuit is being brought

__ 3. a person or party filing a lawsuit__ 4. an individual or group being sued or

charged with a crime__ 5. Parties agree on an amount of money

the defendant will pay the plaintiff.A. Plaintiff B. defendantC. Settlement D. complaintE. summons

Criminal CasesChapter 16Section 2

Types of Cases

• In criminal law cases the government charges someone with a crime and is always the prosecution.

• The accused person is the defendant.

Types of Cases

• A crime is an act that breaks a federal or state criminal law and causes harm to people or society in general.

• Each state has a set of written criminal laws, called the penal code, that spells out punishments for each crime.

Felonies v. Misdemeanors• Misdemeanors are minor violations.– Sentence of one year or less

• Felonies are serious crimes– Murder, burglary, kidnapping, arson, rape.– Imprisonment for a year or more– Also lose certain civil rights and employment

opportunities.

Types of Felonies• Crimes against people include murder,

manslaughter (accidental killing), assault (physical injury or threat of injury), rape, and kidnapping.

• Crimes against property include larceny (burglary, robbery, and theft), vandalism (deliberate destruction of property), and fraud (taking property by dishonest means.)

• Crimes such as unauthorized gambling and illegal drug use are considered victimless crimes, because there is no victim to bring a complaint.

Functions of Penalties• Criminal penalties punish criminals and

protect society by keeping dangerous criminals in prison.

• They serve as a warning to deter others from committing the same crime.

• Criminal penalties are also intended to help prepare lawbreakers to reenter society after their prison terms end.

Penalties for Crimes

• In some cases, a parole board may decide to grant a prisoner parole, or early release.

• In these cases, the person must report to a parole officer until the sentence expires.

Penalties for Crimes• Some states require mandatory sentencing, in

which judges must impose whatever sentence the law directs.–Opponents say the judge should be able to

impose harsher sentences than the law directs.

• Indeterminate Sentence, a judge imposes a minimum and maximum sentence.

Sentencing Options

• Suspended Sentence= sentence is given, but not served at that time

• Home confinement= serve sentence at home• Restitution=the defendant must pay back or make

up damages• Monetary fine= Damages are paid• Work Release= the defendant s allowed to work but

must return to prison at night and on weekends.• Imprisonment• Death

STEPS IN A CRIMINAL CASE?

• Officers make arrests if they have witnessed a suspected crime, if a citizen has reported a crime, or if a judge has issued an arrest warrant.

• At arrest, the officer informs the person of four rights: the right to remain silent, to have an attorney present during questioning, to have a court-appointed attorney if the person cannot afford one, and to stop answering questions at any time.

After an Arrest

• The suspect is then booked, or charged with a crime.

• Police take fingerprints and a photograph. • The suspect may call a lawyer

at this time.

Preliminary Hearing

• In a few hours, the suspect appears in court.• The prosecution must show the judge

probable cause–a good reason–to believe the accused committed the crime.

• The judge then sends the accused back to jail, sets bail, or releases him on his own recognizance (without bail) with a promise to appear in court when called.

Indictment by a GRAND JURY

• In federal and many state courts, a grand jury decides whether to indict.

• In some states, a preliminary hearing is used instead.

• In others, the prosecutor files an “information” and the judge decides whether to indict.

The Arraignment

• The defendant then appears for an arraignment and must enter a plea.

1. If the defendant pleads not guilty, the case continues.

2. If the plea is guilty, the defendant stands convicted and the judge determines the punishment.

3. A plea of no contest means that the defendant does not admit guilt but will not fight the charges.

Trial• For a jury trial, both sides select

potential jurors from a large pool of residents within the court’s jurisdiction.

• Both can reject some candidates.

Trial

• The lawyers for each side outline their case in an opening statement.

• The prosecution and defense then present their cases in turn.

• They call witnesses who give testimony–answers given under oath.

• The other side may cross-examine witnesses to try to discredit their testimony.

Trial• In closing statements, both sides

highlight the evidence most favorable to their case.

• The judge then “instructs” the jury on the law that relates to the case.

The Jury

• The jury goes off to discuss the case.• They choose a foreman or forewoman

to lead the discussion. • Deliberations are secret and have no time

limit. • Finally, they vote.

The Jury Decides!• A guilty verdict means the jury found

the evidence convincing “beyond a reasonable doubt.”

• Most states require a unanimous vote. • Acquittal is a vote of not guilty. • If the jury cannot decide on a verdict,

the judge declares a hung jury and rules a mistrial.

• The prosecution must then decide whether to drop the charges or retry the case.

Sentencing• If the verdict is guilty, the judge sets a court

date for sentencing.• Sometimes the jury recommends a sentence. • More often, the judge decides the sentence. • Sentences often specify prison time, but may

include fines or community service work.

Verdict and Sentencing

• The defense often appeals a guilty verdict. • The Fifth Amendment prohibition against

double jeopardy bars the prosecution from appealing a not-guilty verdict.

__ 1. the statements a witness makes under oath

__ 2. to question a witness at a trial or a hearing to check or discredit the testimony

__ 3. a vote of not guilty__ 4. an act that breaks a law and causes

harm to people or society in general __ 5. a hearing in which a suspect is

charged and pleads guilty or not guilty

A. Crime B. arraignmentC. Testimony D.cross-examineE. acquittal

Young People and the Courts

Chapter 16Section 3

Cases of Juvenile Delinquency

• In most states, anyone under age 18 is considered a juvenile–not yet legally an adult.

• Our system treats young people who commit crimes–called juvenile delinquents–somewhat differently from adults.

• Older juveniles charged with serious crimes, though, may be tried as adults.

Juvenile Delinquency• Factors such as abuse, neglect, emotional

or mental problems, and poverty contribute to juvenile delinquency.

• However, many children with these risk factors never have trouble with the law, while children from all backgrounds can become delinquents.

Stages in the Juvenile System

• The main goal of juvenile courts is to try to rehabilitate, or correct a person’s behavior, rather than punish.

• Cases begin with arrest or petitions to the courts filed by school administrators, store managers, or others. Parents may also petition.

• This means that children can be put into the juvenile justice system without having been accused of a crime.

Stages in the Juvenile Justice system

• Before reforms in the late 1800s, juvenile offenders received the same sentences and were sent to the same prisons as adults.

• Today, juvenile courts try to do whatever is best for the young person.

Two types of cases: Neglect and Delinquency

• In cases of neglect or abuse by caregivers, a court may place youths in foster homes.

• Delinquency cases involve crimes. • Other cases involve actions that are

considered illegal only for juveniles, such as running away or curfew violation.

What happens if I get arrested?• When a juvenile is

arrested, police notify the parents or caregivers.

• The child may be sent home or placed in juvenile detention until time to appear in court.

Diversion or Detention?

• In nonviolent cases, juveniles may be diverted away from court and placed into special programs, such as counseling, job training, or drug treatment.

• A judge may hold a detention hearing to determine whether the juveniles might be dangerous to themselves or others.

• If so, they may remain confined.

The Trial• The trial is less formal than in adult court.• Only the parties involved may attend. • Both sides call and cross-examine witnesses. • There is no jury. • The judge decides whether the young person

is delinquent or nondelinquent.

The Trial• The system tries to protect juveniles by keeping

their identities and criminal records secret.–No fingerprints are taker or photographs taken.

• In some cases, records may be erased when the offender becomes an adult.

• Some states are experimenting with peer juries for the sentencing stage, if the defendant agrees.

Sentencing• If a juvenile has been found delinquent, the

court holds a hearing to decide the disposition, or sentencing.

• Delinquents may be sent home with a stern lecture or placed in a special training school, reformatory, treatment center, or teen shelter.

Sentencing

• If the young people attend school and obey their caregivers during the probationary period, the charges will be removed from their record.

• Juveniles who were neglected may become wards of the court until they are adults.

• Judges may place juveniles with serious mental or emotional problems in a hospital or institution.

In re Gault

• Gerald Gault, age 15, had been sentenced to six years in a reformatory for making indecent telephone calls to a neighbor.

• His parents were not informed of his arrest. • He had no attorney present and the neighbor

was never questioned.

In re Gault

• The Supreme Court overturned the ruling in the 1967 case In re Gault and established rules for juvenile criminal cases.

• Juveniles have the right to counsel, the right to confront witnesses, and the right not to be forced to incriminate themselves.

__ 1. a person not yet legally an adult

__ 2. to correct a person’s behavior

__ 3. a child or teenager who commits a serious crime or repeatedly breaks the law

A. juvenileB. juvenile delinquentC. rehabilitate

Suits of Equity

• Equity is a system of rules by which disputes are resolved on the grounds of fairness.

• People may file a suit in equity to seek fair treatment in a situation in which no law exists to decide the matter.

• An equity court may stop a wrong before it occurs. Ex. Highway through park

Suits of Equity

• A judge decides suits in equity.• The judge may issue an injunction,

or court order commanding a person or group to stop a certain action.