4/30: Civil & Criminal Law

1. 4/30: Civil & Criminal Law TOTD: Since Supreme Ct Justices have their job for life, do you think that is an abuse of power? Explain. • Turn in HMW (chart) • Notes Pg 50 • Hot Coffee Viewing • Test Corrections Due Monday am • Study Guide: Due Mon…

2. Types 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

3. Types of Lawsuits • 1. Suits in Equity: A person or group seeks fair treatment in a situation where there is no existing law to help decide the matter. • Basically, people bring suits in equity to try to prevent something bad from taking place BEFORE it occurred! • JUDGE, no jury. • Judge may issue an INJUCTION- a court order commanding a person a group to stop a certain action.

4. 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

5. The judge may order the defendantof 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.

6. Adversarial Nature • If you are my adversary you are a person who opposes or fights against me opponent; enemy • This is the nature of civil court. You are “fighting an enemy” • Plaintiff/Defendant

7. Let’s sue Mrs. Ashley

8. Imagine you slipped on my icy sidewalk and broke your wrist and ankle. You feel that I should have cleared the sidewalk of snow and ice to keep it safe. You want ME to pay for the costs of your medical bills and your loss of time at work! You also feel that I should pay you in CASH $ $ $ for your pain and suffering! YOU DECIDE TO SUE ME! Step 1: You hire a lawyer who files a COMPLAINT with the proper court. Complaint- formal statement naming the plaintiff and the defendant and describes the lawsuit. STEPS IN A CIVIL CASE!box3

9. The court then sends a SUMMONS • A document telling the defendant of the suit against her and orders her to appear in court on a certain day and time.

10. 2.Defendant may respond to the charges by having my own attorney “answer” to the complaint • PLEADINGS- the complaint and the answer together • The lawyers on both sides gather evidence to help their case. • STEP 3-Pre-trial discussions: judge might have both parties in a meeting to help clarify differences and prepare for the trial

11. Your case is really strong and I then just offer you a SETTLEMENT! STEP 4: TRIAL! If the parties do not settle, the case goes to trial. Jury of 6-12 people OR A judge might hear the case ALONE. a. The plaintiff presents its side 1st then the defendant, Ms. Ashley b. Both sides then summarize their cases. c. After all this, judge or jury decides the case. STEP 5:VERDICT- decision. Either I have to pay or I win and plaintiff (you) get NADA and you have to pay court costs! STEP 6: APPEAL OR: My lawyer and I might think that…

12. SECTION 2: Criminal Cases • Crime- an act that breaks a federal or state criminal law and causes harm to people or society. • Felonies or misdemeanors!

13. 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 CRIMES Unauthorized gambling Use of illegal drugs TYPES OF FELONIES

14. What? • Burglary is when a person enters a place with the intent of committing some kind of crime. • Robbery is when someone takes or tries to take something from a person with a threat or by force. • Larceny is like burglary but the person doesn't illegally enter a building. An example of larceny would be shoplifting.

15. What happens in a criminal case? • Step 1: ARREST • Step 2: HEARING • Step 2a: INDICTMENT • Step 2b: ARRAIGNMENT • Step 3: PLEA BARGAINING • Step 4: TRIAL • AQUITTAL • SENTENCING or HUNG JURY

16. Arrest: • Officers make arrests if they have witnessed a suspected crime, if a citizen has made a complaint or report of a crime OR a judge has issued an ARREST WARRANT. • READ YOUR RIGHTS: • Miranda v. Arizona (1966) • Police arrested Ernesto Miranda for kidnapping. • Court found him guilty B/C he signed a confession

17. Police admitted that neither before or during the questioning had Miranda been advised of his right to an attorney BEFORE answering any questions OR of his right to an attorney present during questioning. Miranda appealed his conviction, claiming. . . The police violated his right against: Self-Incrimination under the ? 5th Amendment. MIRANDA WON THE CASE! Miranda continued…

18. Hearing, Indictment, Arraignment • Step 2: Hearing • Informed of the charges against you • Grand juries are used to decide whether a person should be INDICTED- formally charged with a crime. • Preliminary hearing is used sometimes instead of a grand jury. • Defendant then APPEARS in COURT

19. For a procedure called a:ARRAIGNMENT • He or she is formally presented with the charges and asked to enter a PLEA • If defendant pleas: NOT GUILTY, case goes on. • If defendant pleas: GUILTY • He or she stands convicted of the crime and judge with decide punishment • OR defendant could pleas: NO CONTEST

20. What is NO CONTEST? • He or she does not admit guilt but will not fight the prosecution’s case • Effect is similar to a guilty plea!

21. Sometimes after reviewing the charges against a suspect, a defendants lawyer may encourage him to accept a PLEA BARGAIN Agreement in which the accused person agrees to plea guilty, but to a lesser charge STEP 4: TRIAL Testimony: answers you give while under oath “the truth, the whole truth and nothing but the truth…” After a witness testifies for one side, the other side is allowed to cross-examine him or her(designed to make the examination are often designed to make the witness’s original testimony appear unreliable or untrue) STEP 3: PLEA BARGAINING

22. Last part of a trial begins when the jury goes off to think over and discuss the case and reach a VERDICT If a jury feels that the prosecution has not proven its case, it can decide on ACQUITAL Vote of not guilty Defendant is then immediately released. Sometimes a jury cannot agree on a verdict, even after days of discussion and many votes. When this happens… VERDICT & SENTENCING

23. HUNG JURY! Then the trial a MISTRIAL! IF defendant is GUILTY the judge sets a court date for sentencing Sometimes a jury recommends a sentence Judge usually decides on the sentence by defendants: Family situation Previous criminal record Employment status OR defendant can APPEAL the verdict to a higher court! The judge declares a

24. Section 3: Young Peeps and the Courts • Anyone under the age of 18 (in most states) is considered a juvenile: • Someone who is not yet legally an adult • Juvenile delinquents are young people who commit crimes.

25. What do you think are some causes Juvenile Delinquency? • 3 main factors: • Availability of drugs. • Availability of guns. • Juveniles recruited into illicit drug trade. • Too much idle time for children and adolescents. • Lack of positive adult supervision. • Scarcity of positive role models. • Child abuse and neglect. • Parents who lack needed parenting skills. • Children with unmet needs for special education and mental health care.

27. Stages in the Juvenile System • When juveniles are charged with committing a crime, they are handled in: JUVENILE COURTS • Primary goal: • Try to rehabilitate- correct a person’s behavior, rather than punish the person.

28. ¾ of juve court cases begin when police arrest a young person for a crime What about the rest? School administrators, store managers or others in contact with that child will petition to the courts to HELP the child! Began in 1800s Before this, anyone over the age of 14 were treated like adults. Getting same treatment and sentences and prisons! But NOW… Did you know?

29. Juvenile courts handle 2 kinds of cases! • 1. neglect • Someone who is neglected or abused by their caregivers • 2. delinquency • Cases the involve juveniles who commit crimes. • 3. actions that are considered illegal for juveniles but not adults like… • Skipping school, running away from home, violating curfew laws.

30. 15 year-old Gerald Gault was charged with making indecent phone calls to a neighbor His parents were not informed of his arrest During the hearing that followed, Gault did NOT have to have an attorney present And the neighbor was NOT questioned. Judge sentenced Gault to a reformatory until the age of 21– a period of ___ years? If Gault had been an adult, his sentence would have been $50 fine and a few months in jail. WHAT THE…. Supreme Court Case: In re Gault(1967)

31. So what does it all mean? • Gault & all juveniles have the right to a lawyer • To the cross-examination of the witness • Protection against self-incrimination • Juveniles are entitled to most of the procedural rights of adults • “…neither the 14th amendment, the 5th or the Bill of Rights is for adults alone.”

32. THE END! 1. Define blue words on separate sheet of paper to put BEHIND this page • CH 20: Criminal and Juvenile Justice • Pg 534 2. Define blue words • CH 21: CIVIL Justice • Pg 562