4/30: Civil & Criminal Law4/30: Civil & Criminal Law

TOTD: TOTD: Since Supreme Ct Since Supreme Ct Justices have their job for Justices have their job for life, do you think that is an life, do you think that is an abuse of power? Explain.abuse of power? Explain.

Turn in HMW (chart)Turn in HMW (chart) Notes Pg 50Notes Pg 50 Hot Coffee ViewingHot Coffee Viewing Test Corrections Due Test Corrections Due

Monday amMonday am Study Guide: Due Mon…Study Guide: Due Mon…

Types of Civil Court CasesTypes of Civil Court Cases

► Lawsuits- are when one person sues another for damages

► THINGS TO SUE OVER: Property Disputes! Contract Issues: if you

break a signed contract Divorce Negligence- term

explaining the idea that an accident was caused by the careless actions of another person.

Personal Injury

Types of LawsuitsTypes of Lawsuits

►11. . Suits in Equity:Suits in Equity: A person or group A person or group seeks fair treatment in a situation seeks fair treatment in a situation where there is no existing law to help where there is no existing law to help decide the matter. decide the matter. Basically, Basically, people bring suits in equity to try people bring suits in equity to try

to prevent something bad from taking place to prevent something bad from taking place BEFORE it occurred! BEFORE it occurred!

JUDGE, no jury.JUDGE, no jury. Judge may issue an Judge may issue an INJUCTIONINJUCTION- - a court a court

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

McDonalds--- too hot!Compensatory damages –damages that are awarded to a plaintiff in a civil law case for injuries incurred as a result of the actions of the defendant, lost wages, hospital bills, cost of home medical care, property damage, mental anguish, loss of friends, loss of respect in the community, loss of reputation & pain and suffering.

Punitive damages-only be awarded by the judge presiding over the case if the defendant’s act was so horrible and offensive that the court believes it is important to make an example out of the defendant ---meant to be a punishment for the defendant and to deter the defendant from committing the same crime again

► The judge may order the defendant of a case to pay the following fees if the plaintiff prevails in a trial along with C and P damages:

Fees charged by expert witnesses Court reporter fees Costs of constructing exhibits Reproduction costs Miscellaneous legal costs

► Punitive damages that are awarded in the court system of are subject to the limitations imposed by the due process of law clauses of the 5th and 14th Amendments.

► The percent of cases that go to civil trial and have punitive damages awarded in them is 2%

► Median amount of punitive damages awarded in a civil case is anywhere from $38,000-$50,000.

Adversarial NatureAdversarial Nature

►If you are my adversary you If you are my adversary you are a person who opposes or are a person who opposes or fights against me opponent; fights against me opponent; enemy enemy

►This is the nature of civil court. This is the nature of civil court. You are “fighting an enemy”You are “fighting an enemy”

►Plaintiff/DefendantPlaintiff/Defendant

Let’s sue Mrs. AshleyLet’s sue Mrs. Ashley

STEPS IN A CIVIL CASE!STEPS IN A CIVIL CASE!box3box3

► Imagine you slipped on Imagine you slipped on my icy sidewalk and my icy sidewalk and broke your wrist and broke your wrist and ankle. ankle.

► You feel that You feel that I I should should have cleared the have cleared the sidewalk of snow and sidewalk of snow and ice to keep it safe.ice to keep it safe.

► You want You want MEME to pay for to pay for the costs of your the costs of your medical bills and your medical bills and your loss of time at work!loss of time at work!

► You also feel that I You also feel that I should pay you in CASH should pay you in CASH $ $ $ for your pain and $ $ $ for your pain and suffering!suffering!

► YOU DECIDE TO SUE ME! YOU DECIDE TO SUE ME! ► Step 1:Step 1:

You hire a lawyer who You hire a lawyer who files a files a COMPLAINT COMPLAINT with with the proper court. the proper court.

ComplaintComplaint- formal - formal statement naming the statement naming the plaintiff and the defendant plaintiff and the defendant and describes the lawsuit. and describes the lawsuit.

The court then sends a The court then sends a SUMMONSSUMMONS

► A document A document telling telling the defendant of the the defendant of the suit against hersuit against her and and orders her orders her to to appear in court on a appear in court on a certain day andcertain day and time.time.

22.. Defendant may respond to the Defendant may respond to the charges by having my own attorney charges by having my own attorney

“answer” to the complaint“answer” to the complaint►PLEADINGS- PLEADINGS- the complaint and the the complaint and the

answer together answer together The lawyers on both sides gather The lawyers on both sides gather

evidence to help their case. evidence to help their case.

►STEP 3STEP 3-- Pre-trial discussionsPre-trial discussions:: judge might have both parties in a judge might have both parties in a meeting to help clarify differences meeting to help clarify differences and prepare for the trialand prepare for the trial

OR: My lawyer and I might think OR: My lawyer and I might think that…that…

► Your case is really Your case is really strong and I then strong and I then just offer you a just offer you a SETTLEMENT!SETTLEMENT!

► STEP 4: TRIAL!STEP 4: TRIAL! If the parties do not If the parties do not

settle, the case goes settle, the case goes to trial. to trial.

Jury of 6-12 people Jury of 6-12 people OR A judge might OR A judge might hear the case ALONE.hear the case ALONE.

a. The plaintiff presents a. The plaintiff presents its side 1its side 1stst then the then the defendant, Ms. Ashleydefendant, Ms. Ashley

b. Both sides then b. Both sides then summarize their cases. summarize their cases.

c. After all this, judge or c. After all this, judge or jury decides the case. jury decides the case.

► STEP 5:STEP 5: VERDICTVERDICT-- decision.decision. Either I have to pay or Either I have to pay or

I win and plaintiff I win and plaintiff (you) get NADA and (you) get NADA and you have to pay court you have to pay court costs! costs!

► STEP 6: STEP 6: APPEALAPPEAL

SECTION 2: Criminal CasesSECTION 2: Criminal Cases

► CrimeCrime-- an act that an act that breaks a federal or breaks a federal or state criminal law state criminal law and causes harm to and causes harm to people or society.people or society. Felonies or Felonies or

misdemeanors!misdemeanors!

TYPES OF FELONIESTYPES OF FELONIES►Crimes against Property

Larceny-taking and carrying away of tangible personal property of another by trespass with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property

Burglary, Robbery►Vandalism

Deliberate destruction of property

► Fraud Taking property by

dishonest means►Embezzlement

►Crimes against People Murder Manslaughter Rape Kidnapping Assault

►VICTIMLESS VICTIMLESS CRIMESCRIMES Unauthorized Unauthorized

gamblinggambling Use of illegal Use of illegal

drugsdrugs

What?What?

►Burglary is when a person enters a place Burglary is when a person enters a place with the intent of committing some kind with the intent of committing some kind of crime. of crime.

►Robbery is when someone takes or tries Robbery is when someone takes or tries to take something from a person with a to take something from a person with a threat or by force. threat or by force.

►Larceny is like burglary but the person Larceny is like burglary but the person doesn't illegally enter a building. An doesn't illegally enter a building. An example of larceny would be shoplifting.example of larceny would be shoplifting.

What happens in a criminal What happens in a criminal case?case?

► Step 1: ARRESTStep 1: ARREST► Step 2: HEARINGStep 2: HEARING► Step 2a: INDICTMENTStep 2a: INDICTMENT► Step 2b: ARRAIGNMENTStep 2b: ARRAIGNMENT► Step 3: PLEA Step 3: PLEA

BARGAININGBARGAINING► Step 4: TRIALStep 4: TRIAL

AQUITTALAQUITTAL SENTENCING or HUNG SENTENCING or HUNG

JURYJURY

Arrest:Arrest:

►Officers make arrests if they have Officers make arrests if they have witnessed a suspected crime, if a citizen witnessed a suspected crime, if a citizen has made a complaint or report of a has made a complaint or report of a crime OR a judge has issued an crime OR a judge has issued an ARREST ARREST WARRANT.WARRANT.

►READ YOUR RIGHTS:READ YOUR RIGHTS: Miranda v. Arizona (1966)Miranda v. Arizona (1966)

►Police arrested Ernesto Miranda for kidnapping. Police arrested Ernesto Miranda for kidnapping. ►Court found him guilty B/C he signed a confessionCourt found him guilty B/C he signed a confession

Miranda continued…Miranda continued…

► Police admitted that Police admitted that neither before or during neither before or during the questioning had the questioning had Miranda been advised of Miranda been advised of his right to an attorney his right to an attorney BEFORE answering any BEFORE answering any questions OR of his right questions OR of his right to an attorney present to an attorney present during questioning.during questioning.

► Miranda appealed his Miranda appealed his conviction, claiming. . . conviction, claiming. . .

► The police violated his The police violated his right against:right against: Self-Incrimination under Self-Incrimination under

the ?the ? 55thth Amendment. Amendment.

► MIRANDA WON THE MIRANDA WON THE CASE!CASE!

Hearing, Indictment, Hearing, Indictment, ArraignmentArraignment

►Step 2: HearingStep 2: Hearing Informed of the charges against youInformed of the charges against you Grand juries are used to decide whether a Grand juries are used to decide whether a

person should be person should be INDICTED-INDICTED- formally formally charged with a crime.charged with a crime.

Preliminary hearing is used sometimes Preliminary hearing is used sometimes instead of a grand jury.instead of a grand jury.

►Defendant then APPEARS in COURTDefendant then APPEARS in COURT

For a procedure called a:For a procedure called a:ARRAIGNMENTARRAIGNMENT

►He or she is formally presented with the He or she is formally presented with the charges and asked to enter a PLEAcharges and asked to enter a PLEA

► If defendant pleas: If defendant pleas: NOT GUILTYNOT GUILTY, case , case goes on.goes on.

► If defendant pleas: If defendant pleas: GUILTYGUILTY He or she stands convicted of the crime He or she stands convicted of the crime

and judge with decide punishmentand judge with decide punishment

►OR defendant could pleas: OR defendant could pleas: NO CONTESTNO CONTEST

What is NO CONTEST?What is NO CONTEST?

►He or she does not He or she does not admit guilt but will admit guilt but will not fight the not fight the prosecution’s caseprosecution’s case

► Effect is similar to a Effect is similar to a guilty plea!guilty plea!

STEP 3: PLEA BARGAININGSTEP 3: PLEA BARGAINING►Sometimes after Sometimes after

reviewing the reviewing the charges against a charges against a suspect, a suspect, a defendants lawyer defendants lawyer may encourage him may encourage him to accept a to accept a PLEA PLEA BARGAINBARGAIN Agreement in Agreement in

which the which the accused person accused person agrees to plea agrees to plea guilty, but to a guilty, but to a lesser chargelesser charge

► STEP 4: TRIALSTEP 4: TRIAL TestimonyTestimony: answers : answers

you give while under you give while under oathoath

““the truth, the whole the truth, the whole truth and nothing truth and nothing but the truth…”but the truth…”

After a witness After a witness testifies for one side, testifies for one side, the other side is the other side is allowed to allowed to cross-cross-examineexamine him or her him or her (designed to make the examination (designed to make the examination are often designed to make the are often designed to make the witness’s original testimony appear witness’s original testimony appear unreliable or untrue)unreliable or untrue)

VERDICT & SENTENCINGVERDICT & SENTENCING

► Last part of a trial Last part of a trial begins when the jury begins when the jury goes off to think over goes off to think over and discuss the case and discuss the case and reach a and reach a VERDICTVERDICT

► If a jury feels that the If a jury feels that the prosecution has not prosecution has not proven its case, it can proven its case, it can decide on ACQUITALdecide on ACQUITAL

► Vote of not guiltyVote of not guilty Defendant is then Defendant is then

immediately immediately released.released.

► Sometimes a jury Sometimes a jury cannot agree on a cannot agree on a verdict, even after verdict, even after days of discussion days of discussion and many votes.and many votes. When this happens…When this happens…

The judge declares a The judge declares a

►HUNG JURY!HUNG JURY! Then the trial a Then the trial a

MISTRIAL!MISTRIAL!

► IF defendant is IF defendant is GUILTY the judge GUILTY the judge sets a court date for sets a court date for sentencingsentencing

► Sometimes a jury Sometimes a jury recommends a recommends a sentencesentence

► Judge usually Judge usually decides on the decides on the sentence by sentence by defendants:defendants: Family situationFamily situation PreviousPrevious criminal criminal

recordrecord Employment statusEmployment status

► OR defendant can OR defendant can APPEALAPPEAL the verdict the verdict to a higher court!to a higher court!

Section 3: Young Peeps and the Section 3: Young Peeps and the CourtsCourts

►Anyone under the age of 18 (in most Anyone under the age of 18 (in most states) is considered a states) is considered a juvenile:juvenile: Someone who is not yet legally an adultSomeone who is not yet legally an adult

► Juvenile delinquents are young people Juvenile delinquents are young people who commit crimes. who commit crimes.

What do you think are some What do you think are some causes Juvenile Delinquency?causes Juvenile Delinquency?

►3 main factors:3 main factors: Availability of drugs. Availability of drugs. Availability of guns. Availability of guns. Juveniles recruited into illicit drug trade. Juveniles recruited into illicit drug trade.

► Too much idle time for children and adolescents. Too much idle time for children and adolescents. ► Lack of positive adult supervision. Lack of positive adult supervision. ► Scarcity of positive role models. Scarcity of positive role models. ► Child abuse and neglect. Child abuse and neglect. ► Parents who lack needed parenting skills. Parents who lack needed parenting skills. ► Children with unmet needs for special education and mental health Children with unmet needs for special education and mental health

care.care.

Stages in the Juvenile SystemStages in the Juvenile System►When juveniles are When juveniles are

charged with charged with committing a crime, committing a crime, they are handled in: they are handled in: JUVENILE COURTSJUVENILE COURTS► Primary goal:Primary goal: Try to Try to rehabilitaterehabilitate- -

correct a person’s correct a person’s behavior, rather than behavior, rather than punish the person. punish the person.

Did you know?Did you know?►¾ ¾ of juve court cases of juve court cases

begin when police begin when police arrest a young person arrest a young person for a crimefor a crime

►What about the rest? What about the rest? School administrators, School administrators,

store managers or store managers or others in contact with others in contact with that child will petition that child will petition to the courts to to the courts to HELPHELP the child!the child!

► Began in 1800sBegan in 1800s► Before this, anyone Before this, anyone

over the age of over the age of 14 14 were treated like were treated like adults. adults. Getting same Getting same

treatment and treatment and sentences and sentences and prisons! But NOW…prisons! But NOW…

Juvenile courts handle 2 kinds of Juvenile courts handle 2 kinds of cases!cases!

► 1. neglect1. neglect Someone who is neglected Someone who is neglected

or abused by their or abused by their caregiverscaregivers

► 2. delinquency2. delinquency Cases the involve Cases the involve

juveniles who commit juveniles who commit crimes.crimes.

► 3. actions that are 3. actions that are considered illegal for considered illegal for juveniles but not adults juveniles but not adults like…like… Skipping school, running Skipping school, running

away from home, violating away from home, violating curfew laws. curfew laws.

Supreme Court Case: Supreme Court Case: In re GaultIn re Gault (1967)(1967)

► 15 year-old Gerald 15 year-old Gerald Gault was charged with Gault was charged with making indecent phone making indecent phone calls to a neighborcalls to a neighbor

► His parents were not His parents were not informed of his arrestinformed of his arrest

► During the hearing that During the hearing that followed, Gault did NOT followed, Gault did NOT have to have an have to have an attorney present attorney present

► And the neighbor was And the neighbor was NOT questioned. NOT questioned.

► Judge sentenced Gault Judge sentenced Gault to a reformatory until to a reformatory until the age of 21– a period the age of 21– a period of ___ years?of ___ years?

► If Gault had been an If Gault had been an adult, his sentence adult, his sentence would have been $50 would have been $50 fine and a few months fine and a few months in jail. in jail.

► WHAT THE….WHAT THE….

So what does it all mean?So what does it all mean?

►Gault & all juveniles have the right to a Gault & all juveniles have the right to a lawyerlawyer

►To the cross-examination of the witnessTo the cross-examination of the witness►Protection against self-incriminationProtection against self-incrimination► Juveniles are entitled to most of the Juveniles are entitled to most of the

procedural rights of adultsprocedural rights of adults►“…“…neither the 14neither the 14thth amendment, the 5 amendment, the 5thth

or the Bill of Rights is for adults alone.”or the Bill of Rights is for adults alone.”

THE END! THE END!

1. Define 1. Define blue wordsblue words on separate sheet on separate sheet of paper to put of paper to put BEHIND this pageBEHIND this page CH 20: Criminal and CH 20: Criminal and

Juvenile JusticeJuvenile Justice Pg 534Pg 534

2. Define 2. Define blue wordsblue words CH 21: CIVIL JusticeCH 21: CIVIL Justice Pg 562Pg 562