http://www.newyorkprisoners.com/parole/profiles/s/santana_germain_97a4968.html

Civil and Criminal Cases

Objective(s):

• What is the procedure for a civil case?• What are the characteristics of criminal law?• Why do we punish criminals?

Types of Civil Cases

• Lawsuits (someone sues another person from monetary damages)

• Divorce• Personal Injury• Contract Issues• Negligence(Someone was careless and

caused an accident)

Suits of Equity

• Ask the court to judge fairness of an action in which there is no law

• Usually seek to prevent an action

• Injunction(a court order to do or

not do something)

Steps in a Civil Court Case• File a complaint• Summons is given

(paper requiring you appear in court)

• Attorney’s exchange pleadings that list reasons for lawsuit

• Information is presented to the court

• Judge or Jury deliberates (decides)

• Verdict (decision) is given

Criminal Laws

• Crimes can be found in the state Penal Code

• Penal Code(Written laws and

punishments created by the state and federal governments)

Types of Criminal Cases

• Misdemeanor (small crime)• Felony (Major crime)• Crimes against property– Larceny (stealing)– Vandalism (intentionally destroying property)– Fraud (lying to get property/ money from someone)

• Crimes against people– Murder, Rape, Kidnapping, etc.

• Victimless crimes – Drug use, gambling, etc.

Criminal Penalties

• Felonies get more severe punishments– Long term prison/jail, Capital

punishment, Life in prison• Misdemeanors get less severe– Probation, fines, short stay in jail,

community service– Probation (person is released

from jail but must check in with a person each month and follow the laws until time given is up)

Why do we punish criminals?

Rehabilitation ( to make them better law

abiding citizens)Deterrence (To stop them from committing

crimes again)Retribution(To make the person pay for the

harm they have done to others- revenge)

How does a judge decide the punishments for crimes?

• Indeterminate SentencingJudge can give a minimum and maximum range for the criminal to serveEx. 20 years –life

• Criminal may get out on parole after minimum years are servedParole (being released from prison for good behavior)

• Mandatory SentencingJudge must give a specific number of years for a specific crime

3 Strikes Law

• Criminals found guilty of 3 felonies must get a mandatory sentence with no chance for parole and sometimes a longer sentence– 24 states have these laws