Criminal & Civil Law (16.1&2)
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Criminal & Civil Law (16.1&2)

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A brief overview of Criminal & Civil Law, for use with sections 16.1 & 2

A brief overview of Criminal & Civil Law, for use with sections 16.1 & 2

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Criminal & Civil Law (16.1&2) Criminal & Civil Law (16.1&2) Presentation Transcript

  • Civil LawFor use with section 16.1
  • I. WHAT HAPPENS IN A CIVIL CASE?A. PleadingsB. DiscoveryC. Pretrial DiscussionsD. TrialE. VerdictF. Appeal
  • I. WHAT HAPPENS IN A CIVIL CASE?A. Pleadings 1) 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. Pleadings 2) 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. Pleadings 3) 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 Discussions 1. 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 Discussions 2. 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 Discussions 3. 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 Discussions 4. 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. Trial 1) “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. Verdict 1) 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. Verdict 2) 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. CRIMESA. Penal Codes  each state’s written criminal law code  establishes classifications (degrees of seriousness) for certain crimes  sets penalties for types of crimes
  • I. CRIMESB. Types of Crimes 1) Misdemeanors 2) Felonies
  • I. CRIMESB. Types of Crimes 1) Misdemeanors  convicted persons may be fined or sentenced to one year or less  repetition of certain misdemeanors (such as DUI) will become felonies
  • I. CRIMESB. Types of Crimes 1) Misdemeanors a) Victimless crimes  crimes against morality  difficult to enforce since the victim is the perpetrator  examples: unauthorized gambling, use of illegal drugs
  • I. CRIMESB. Types of Crimes 2) Felonies  “more serious” crimes
  • I. CRIMESB. Types of Crimes 2) Felonies a) Crimes against people  violent or potentially violent crimes i. Examples  murder  manslaughter  assault  rape  kidnapping
  • I. CRIMESB. Types of Crimes 2) 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. CRIMESC. Penalties 1) Functions of Penalties a) Justice  Criminal to pay for an offense against a victim or society
  • I. CRIMESC. Penalties 1) Functions of Penalties b) Safety to society  Keep dangerous criminals off the street
  • I. CRIMESC. Penalties 1) Functions of Penalties c) Deterrent to others  by seeing the severity of punishments it will keep people from engaging in criminal acts
  • I. CRIMESC. Penalties 1) 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. CRIMESC. Penalties 2) Sentencing  because every case has different circumstances, sentences may be very different
  • I. CRIMESC. Penalties 2) Sentencing a) Indeterminate sentencing  judge gives a minimum and a maximum length for the sentence
  • I. CRIMESC. Penalties 2) 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. CRIMESC. Penalties 2) 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 CRIMINALCASE?A. ArrestB. HearingC. IndictmentD. ArraignmentE. TrialF. VerdictG. SentencingH. Appeal
  • II. WHAT HAPPENS IN A CRIMINALCASE?A. Arrest 1) 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 CRIMINALCASE?A. Arrest 2) 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 CRIMINALCASE?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 CRIMINALCASE?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 CRIMINALCASE?D. Arraignment  the defendant is presented with the charges and is asked to make a plea
  • II. WHAT HAPPENS IN A CRIMINALCASE?D. Arraignment 1) Plea Options a) Not Guilty  defendant states that he is not the perpetrator of the crime  the case continues
  • II. WHAT HAPPENS IN A CRIMINALCASE?D. Arraignment 1) Plea Options b) Guilty  defendant admits to the crime  the judge must next determine a punishment
  • II. WHAT HAPPENS IN A CRIMINALCASE?D. Arraignment 1) 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 CRIMINALCASE?D. Arraignment 1) 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 CRIMINALCASE?E. Trial 1) 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 CRIMINALCASE?E. Trial 2) 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 CRIMINALCASE?E. Trial 3) Opening Statements  lawyers for both sides will set an outline for their case
  • II. WHAT HAPPENS IN A CRIMINALCASE?E. Trial 4) Presentation of Cases  each side will present evidence, call and question witnesses, hear testimony, cross-examine opposing witnesses
  • II. WHAT HAPPENS IN A CRIMINALCASE?E. Trial 5) Closing statements  each lawyer will highlight the case they presented in order to sway the jury
  • II. WHAT HAPPENS IN A CRIMINALCASE?F. Verdict 1) 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 CRIMINALCASE?F. Verdict 2) Acquittal  is a “not guilty” vote  the defendant is immediately released
  • II. WHAT HAPPENS IN A CRIMINALCASE?F. Verdict 3) 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 CRIMINALCASE?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 CRIMINALCASE?H. Appeal  a guilty defendant may appeal to a higher court if they believe that the judge had made errors during the trial