2Chapter
SECTION OPENER / CLOSER:INSERT BOOK COVER ART
Trial ProceduresTrial ProceduresSection 2.2Section 2.2
Pre-Learning Question
What is the difference between a civil and criminal trial?
Objective: Students will learn about trial procedures in the civil and criminal court system
Civil Trial Procedures
Civil and criminal trials begin differently.The government brings criminal cases for offenses committed against the public at large.In contrast, individuals who believe they have been injured initiate civil cases.
Objective: Students will learn about trial procedures in the civil and criminal court system
Civil Trial Procedures
When someone brings a civil case to an attorney, the lawyer investigates the case, which can be expensive.
As a result, people have begun to explore alternatives to lawsuits.
Objective: Students will learn about trial procedures in the civil and criminal court system
Alternative Dispute Resolution (ADR)
occurs when parties try to resolve disagreements by using creative settlement techniques
can be classified as reactive methods and proactive methods.
Objective: Students will learn about trial procedures in the civil and criminal court system
Pleadings
Civil trials begin with pleadings, the formal papers filed with the court by the plaintiff and defendant.
Objective: Students will learn about trial procedures in the civil and criminal court system
Pleadings
These papers express the plaintiff’s allegations, or claims, in the form of a complaint. The defendant’s response to those allegations is known as the answer.
Objective: Students will learn about trial procedures in the civil and criminal court system
Pretrial Hearing A pretrial hearing is an informal meeting before a judge.
It is intended to simplify the issues and discuss matters that might help dispose of the case.
Objective: Students will learn about trial procedures in the civil and criminal court system
Steps in a Jury Trial
selecting the juryopening statementsintroduction of evidenceclosing argumentsinstructions to the juryverdict and judgment
Objective: Students will learn about trial procedures in the civil and criminal court system
Selecting the Jury
The jury is selected from a pool of citizens who have been called to serve.
The lawyers question each juror selected from the pool trying to predict whether a juror will be fair or prejudiced.
Objective: Students will learn about trial procedures in the civil and criminal court system
Opening Statements
In their opening statements, attorneys for each side explain what they intend to prove. The plaintiff’s attorney goes first.
Objective: Students will learn about trial procedures in the civil and criminal court system
Introduction of Evidence
The plaintiff’s attorney presents all of the plaintiff’s evidence. Types of evidence include
documentary items, such as contracts or affidavits (sworn statements)physical objects, such as weaponswitness testimony
Objective: Students will learn about trial procedures in the civil and criminal court system
Introduction of Evidence The defense attorney has the chance to cross-examine the plaintiff’s witnesses.
When the plaintiff’s attorney rests, the defendant’s attorney presents evidence favorable to his or her client.
Objective: Students will learn about trial procedures in the civil and criminal court system
Closing Arguments
Each attorney summarizes the evidence and suggests reasons why the judge or jury should find in favor of his or her client.
Objective: Students will learn about trial procedures in the civil and criminal court system
Instructions to the Jury
The judge must explain the law to the jury in a process called jury instruction. AKA “Charging the jury”.
Objective: Students will learn about trial procedures in the civil and criminal court system
Verdict and Judgment
The members of jury go to the jury room to deliberate upon their verdict, or decision.
Following the verdict, the court issues a judgement, the court’s determination or decision in the case.Objective: Students will learn about trial procedures in the civil and criminal court system
Remedies
Generally there are two categories of remedies:
the payment of damages, oran equitable remedy, which asks the court to do what is fair and just
Objective: Students will learn about trial procedures in the civil and criminal court system
Remedies
Specific performance is a remedy in which the plaintiff requests that the defendant do what he or she promised in a contract.
Injunction is an order by the court to stop the defendant from performing an action.
Objective: Students will learn about trial procedures in the civil and criminal court system
Do Now Question
What does a criminal trial begin with? Explain.
http://www.youtube.com/watch?v=xAmkdjshLn4
Objective: Students will learn about trial procedures in the civil and criminal court system
Criminal Trial Procedure The criminal trial procedure follows these steps:
arrest of the defendantthe arraignmentthe trialsentencing
Objective: Students will learn about trial procedures in the civil and criminal court system
Arrest of the Defendant
An arrest occurs when a person is deprived of his or her freedom.
Arrested people must be informed for their constitutional rights.
Objective: Students will learn about trial procedures in the civil and criminal court system
Rights of the Defendant to be told what crimes they are being arrested for and the names of the police officers making the arrest
to make a telephone call
Objective: Students will learn about trial procedures in the civil and criminal court system
Rights of the Defendant to possibly be released on bail (money or other property that is left with the court to assure that the person arrested, but released, will return to trial).to remain silent
Objective: Students will learn about trial procedures in the civil and criminal court system
Rights of the Defendant to talk to an attorney and have an attorney present during questioningto have a fair trialto be presumed innocent until proven guilty
Objective: Students will learn about trial procedures in the civil and criminal court system
The Arraignment
If members of a grand jury decide a crime has been committed, they issue an indictment.
An indictment is a written accusation charging the individual.
Objective: Students will learn about trial procedures in the civil and criminal court system
The Arraignment
Following the indictment, the accused is brought to court for arraignment.
At the arraignment, the indictment is read to the suspect, and the suspect is asked to plead guilty or not guilty.
Objective: Students will learn about trial procedures in the civil and criminal court system
The Trial If the defendant requests a jury trial:
jurors are selectedattorneys make opening statements, introduce evidenceattorneys make closing statements jury receives instructions, announces decisionif guilty, judge imposes sentence
Objective: Students will learn about trial procedures in the civil and criminal court system
The Trial
If the defendant does not request a jury trial, the case is tried before the judge, who decides the verdict.
Objective: Students will learn about trial procedures in the civil and criminal court system
Sentencing
After a person has been convicted of a crime, he or she is sentenced by the court. Penalties include:
fines imprisonment the death penalty
Objective: Students will learn about trial procedures in the civil and criminal court system
Disposition of Juvenile Cases
Cases involving juvenile offenders are handled by the juvenile court.The juvenile court system is designed so that each case and special circumstances are considered individually.
Objective: Students will learn about trial procedures in the civil and criminal court system
Disposition of Juvenile Cases
The judge usually holds a detention hearing to learn whether there are good reasons to keep the accused in custody.An investigation is begun into the minor’s background and home life.
Objective: Students will learn about trial procedures in the civil and criminal court system
Disposition of Juvenile Cases The judge might dismiss the charges because of special circumstances.If the charges are not dismissed, the judge conducts an adjudicatory hearing—an informal, actual hearing of the case by the court.
Objective: Students will learn about trial procedures in the civil and criminal court system
Disposition of Juvenile Cases
To settle juvenile cases, the judge may:
1. allow the offender to return home on probation
2. place the offender in an agency or foster home
3. commit the offender to a training or reform school.
Objective: Students will learn about trial procedures in the civil and criminal court system
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