Basic Legal Rights Review

Article I of the Constitution & the Bill of Rights, gives basic rights to all people

Writ of Habeas Corpus

Anyone who is arrested must be brought to court & explained why they are being held

No Bills of Attainder

Cannot punish a person without a fair trial or hearing

No Ex Post Facto Laws

Cannot punish a person for a crime that was not a crime when the action happened

Due Process & Equal Protection of the Law

All people are treated fairly & equally5th & 14th Amendments

Constitutionally Defined Treason

Citizens cannot wage war against government, join enemies, or aid our enemies (Espionage)

-----------------------------------------------------------------Government cannot punish political protestors

Innocent Until Proven Guilty

Right to a Grand Jury

Examine the evidence to determine if you will go to trial

-------------------------------------------------------Issue indictment (formally charged of crime)

No Forced Self-Incrimination

Do not have to testify against yourself or say anything that might show yourself to be guilty

-----------------------------------5th Amendment

Be Informed of all Accusations Against You

Must tell you why you are being held---------------------------------

6th Amendment

Right to Hear & Question All Witnesses

Can hear testimony against youCan question what people say

--------------------------------------6th Amendment

Right to an Attorney

If defendant cannot afford one, court must provide one (state & federal court)

--------------------------------------------6th Amendment

Gideon v. Wainwright

Speedy & Public Trial

Trial should begin within 100 days--------------------------------------------

6th Amendment

Trial by a Jury

An impartial jury of your peers ----------------------------------------

6th Amendment

No Double Jeopardy

A person who is tried for a crime & found not guilty cannot be retried for the same crime

--------------------------------------5th Amendment

Right to an Appeal

If you feel your trial was unfair or the law was applied unfairly,

you can appeal your decision

Right to no High Bail, Fines, or Cruel & Unusual Punishments

Punishment & bail must fit the crime

-------------------------------8th Amendment

THE JUDICIAL PROCESS

FEDERAL JUDGES REVIEW

• The President of the U.S. appoints Federal Judges & confirmation is approved by the Senate (Article III in the Constitution).

• Once appointed, the Judges are APPOINTED FOR LIFE, unless they are removed by impeachment.

NORTH CAROLINA JUDGES REVIEW

• All Judges in N.C. are elected to their position.

THE UNITED STATES COURT SYSTEM

****The United States court system is called an ADVERSARIAL SYSTEM****

•An adversary is a an opponent:

(Superman vs. Lex Luther;

Professor X vs. Magnito)

•The courtroom puts people

against one another

MAJOR PLAYERS IN THE

COURTROOM

PUBLIC DEFENDER:

• court-appointed attorney for poor defendants

• What SC case guarantees the right to an attorney?

• In civil cases the injured party who brings an action against an alleged offender.

• In criminal cases they represent the person that was wronged

Plaintiff

• an individual who a claim is made against in the court room

• Civil Cases: the person being sued.

• Criminal Cases: the person charged with committing a crime.

• Defense: defend the person that is charged with a crime

Defendant

PROSECUTOR • Criminal Cases: Legal representative of

the Government.

• Proves the defendant guilty

• Federal Courts Prosecutor U.S. Attorney

• State Courts Prosecutor District Attorney

OTHER• Bailiff: police in courtrooms

• Keep order in the courtroom

• Guard prisoners

• Guard jurors in deliberation (discussion).

• Judge: issues a sentence & controls the courtroom

• Remember that we are “innocent until proven guilty”

• Burden of proof: who has the job of proving the other person guilty.

Burden of Proof

• plaintiff has the burden of proof

• defendant must be proven guilty

“with a preponderance of the evidence”• One side must present, more testimony,

exhibits & evidence than the other side

• prosecution has the burden of proof

• defendant must be proven guilty

“beyond a reasonable doubt”

Burden of Proof

Criminal Court: Civil Court:

JURY• U.S. Citizens who listen to cases

• determine a person’s right to property

• right to freedom

• right to life (capital cases)

• Lists of jurors come from voter registration & drivers’ license lists

TWO TYPES OF JURIES• GRAND JURY: issues indictments to charge a

person with a crime

• they do not take part in the trials

• only in the indictment process. (charging the person with the crime).

• PETIT “TRIAL” JURY: issues a guilty or not guilty verdict

WRITING PROMPT

• What are the greatest “challenges” you’re facing in school? How do you deal with them?

• How do you typically deal with conflict?

• In what ways are negotiation different from compromise?

• When involved in conflict, do you try to negotiate or compromise? Why?

• In regards to conflict, what is the difference between mediation and arbitration?

Please answer all questions completely

RESOLVING CONFLICT

Can’t we all just get along?

CONSENSUS BUILDING

• Mediation of a conflict which involves many parties.

• Consensus building allows parties to build trust with each other through open communication & agreed understanding of the issues.

(examples: international issues (Ozone layer, environment)

“Coming to a consensus” Come to some agreement

DEBATE

• An interactive discussion, where the pros and cons of certain issues are discussed.

(example: political debates)

Moderator is the person asking the questions and setting the rules in the debate.

NEGOTIATION

• A process of resolving disputes and conflicts through discussions that try to reach an acceptable solution to everyone involved.

(examples: buying a new car, job interview)

What are you negotiating?

COMPROMISE

• A concept of finding agreement through discussion and a mutual acceptance of terms.

• Compromise usually occurs when parties consider an outcome of agreement to be more important than the potential gain of their personal interests.

• What compromises have we talked about this year?

NEED A LITTLE HELP?

• If two people are unable to resolve a conflict they can involve a third party.

• Mediator: Someone that help resolve the conflict but does not make a decision

• Teacher, peer, counselor

• Arbitrator: Someone that makes a decision to resolve the conflict, usually court appointed

• -Can take years to settle in court because of so many cases

• Most settle out of court

• Steps:

• -File a Complaint

• Formal statement naming plaintiff, defendant, and nature of lawsuit

• -Summons is issued

• Sent to the defendant to inform them of the case

• -Attorney’s exchange pleadings

• The complaint and the defendant’s answer together

• -Court presentations

• Attorneys present cases

CIVIL COURT PROCEDURE

CIVIL COURT PROCEDURE

• -Judge or jury deliberate

•“Preponderance of evidence”

•Whoever has best evidence wins

• -Verdict is issued

•Plaintiff wins = remedy set

•Plaintiff loses = gets nothing and pays court costs

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CRIMINAL CASES

• -Criminal Case

• -law that deal with cases involving violations of criminal code

• Government charges defendant with a crime and is always the prosecution

• “State vs. ___________”

• -Penal Code

• set of written laws and punishments designed by each state and the federal government to describe crimes

• Police officers, lawyers, and judges must know it

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TYPES OF CRIMINAL CASES-Misdemeanors: Lesser crimes

-Felonies: Serious/violent crimes

-Crimes against Property

Larceny, Burglary, Robbery

Vandalism, Fraud, Embezzlement

-Crimes against People

Murder

Manslaughter

Rape

Kidnapping

Assault

CRIMINAL PUNISHMENTS• -Penalties vary according to the seriousness of the crime

committed (8th Amendment)

• -Crime against people will carry greater punishments

• -Role of Punishment

• -rehabilitation, deterrence

• Goal is to help criminals learn to re-enter society and be productive

• Keep others from committing crimes

CRIMINAL PUNISHMENTS• Goal is to help criminals learn to re-enter society and be

productive

• Keep others from committing crimes

• -Indeterminate Sentencing

• -Judge gives a range of sentences

• Depends on judge, politics, etc.

• -Mandatory Sentencing

• -3 strike laws: 3 times charged = jail time

• -Parole

• Early release from jail

• Verdict

• Sentence

• Indictment

• Plaintiff

• Defense

• Prosecution

• Public defender

• Grand Jury

• Petite Jury

• Hung Jury

• Burden of Proof

• Adversarial System

TERMS TO KNOW