Chapter 16Sections 1 - 3

Objectives:

4.05, 4.09,

6.02, 6.07, 6.08

Civil Lawsuits

• The plaintiff claims a loss or personal image and seeks ‘damages’– Damages are an award of money from the

defendant

• The defendant argues that the losses never happened, or that they weren’t responsible.

• Civil lawsuits often involve negligence:– Negligence means carelessness.

Process of Civil Cases

• Hire a lawyer– The lawyer files the complaint

• A statement naming the plaintiff and defendant which describes the lawsuit

– The court sends a summons• Or a document announcing the defendant has

been sued.• The defendant’s attorney may file an ‘answer’

– Explains why they are not responsible or admitting to the charges

Process of Civil Cases

• Discovery: the process of the lawyers checking facts and gathering evidence through questioning before a trial

• Pretrial conference: meeting between the judge and the two sides:

– Drop suit– Defendant offers settlement– Mediation – a mediator helps resolve dispute– Arbitration – an arbitrator resolves the dispute

Process of Civil Cases

• Trial – most cases never make it this far– Sometimes with a jury– Both sides present their case– If plaintiff wins: a remedy is set (i.e.

damages, etc.)– If defendant wins: you have to pay court

costs for both sides of the lawsuit

• Can appeal the verdict

Criminal Cases

• Government is always the prosecution:– Party who starts legal proceedings against

another party for a violation of the law.

• Person accused of a crime is defendant• Crime: an act that breaks a federal or

state law and causes harm to people or society

• Criminal justice system:– State/federal courts, judges, lawyers, police,

and prisons

Criminal Cases

• Crimes (and sometimes their punishments are defined by the penal code)

– There are state and federal penal codes

• If a person is convicted of a felony, they may lose certain rights (i.e. voting).

• Some misdemeanors may treated as felonies (especially when committed before)

Criminal Cases

• Purpose of criminal penalties:– Punishment – Protecting society– Preventing others from committing a crime– Rehabilitation: preparing criminals for society

• Sentencing:– Up to judge’s discretion

Criminal Cases

• Sentencing (cont.)– Indeterminate sentencing

• Gives a minimum and a maximum

– Prisoners can be up for parole:• Early release from prison, with certain restrictions

– Mandatory Sentencing: judge must impose the sentence the law directs

Criminal Cases

• Other sentencing options:– Suspended sentence (Michael Vick)– Probation – supervised release– Home confinement – ‘house arrest’ – Monetary fine– Restitution – required to pay or work to

make up for damages– Work release– Imprisonment or death

Procedure of Criminal Cases

• Arrested and booked (charged with a crime)

• Preliminary hearing:– Prosecution shows judge ‘probable cause’

that he/she committed a crime– Judge sets bail

• Indictment– Judge or ‘Grand Jury’ decides if there is

enough evidence for the person to be formally charged with a crime

Procedure of Criminal Cases

• Arraignment:– The defendant is formally charged with a

crime; plead guilty, not guilty, or no contest

• Trial– Both sides prepare cases– Type of trial

• Defendant can request a jury or bench trial• If choosing a jury trial, both sides must select

jurors

Procedure of Criminal Cases

• Presenting Case:– Each side makes an opening statement– Each side calls witnesses, who give

testimony (answers given under oath)• Each side is allowed to cross-examine

– Each side makes a closing statement– Judge ‘instructs’ the jury (explains the law)

Procedure of Criminal Cases

• Jury deliberates and decides on verdict:– Guilty– Acquittal – not guilty, the defendant is

released.– Hung Jury – when the jury cannot agree,

judge declares a mistrial

• Separate court date for sentencing

• Can make an appeal

Juvenile Justice System

• Anyone under the age of 18 (less in some states) is a juvenile.

• Young people who commit crimes are called juvenile delinquents.

• Up to the late 1800’s, all children were treated as adults.

• Some children are still treated as adults – Repeat offenders– Committed a serious crime

Juvenile Justice System

• Factors contributing to juvenile delinquency:

– Abused– Neglected– Suffer emotional/mental problems– Grow up in poverty– From overcrowded, rundown neighborhoods– From places where alcohol and drugs are

prominent

Juvenile Justice System• Juvenile courts are separate from others• Primary goal is to rehabilitate:

– Correct a person’s behavior

• Cases begin with an arrest or a petition• Handle two types of cases:

– Neglect of a child– Delinquency of a child

• Juvenile cases have no juries and are closed to the public

Juvenile Justice System

• Sentencing options:– A stern lecture from judge– Special training schools– Reformatories– Treatment centers– Teen shelters

• If the juvenile completes probation, then the charges are dropped from their record.