Courts at Work

1. Courts at Work

2. Criminal cases • An adult criminal case has many steps • It usually is not completed in one day, especially felony cases • The first step is the arrest, when you are taken into police custody on suspicion of a crime • If the crime is minor, instead of arrest, a summons is issued. It orders either a fine to be paid or a court date.

3. Tell it to the judge • Soon after the arrest, the police must present the person arrested before a magistrate or justice of the peace. This is called a writ of habeas corpus • A Magistrate is an officer of the court who handles the lesser work of judges • The police must show probable cause, or good reason to suspect that you could be guilty of the crime • All suspects are considered “innocent until proven guilty”

4. What to do with you now? • The magistrate can make multiple decisions about you • If he judges there was not probable cause, he can let you go • If he believes there was probable cause, he has a few options • If the charge is not too serious or you have a clean record, he could setbailfor you • Bail is an amount of money you pay to get out of jail until your trial, you get it back when you show up for the court date • The amount of bail must fit the crime. This is guaranteed by the Eighth Amendment

5. Lock ‘em up! • If you cannot afford bail, you can use a bail bondsman. You pay them 10% of your bail to get out, but you don’t get it back • If you don’t show up for your trial, they will come find you, and they won’t be happy • If you are charged with a very serious felony or you have a record of not showing up for court, you can be held in jail until your trial • This is always the case with a capital crime, one which carries the death sentence • Whatever they decide, they will also set a date for your arraignment

6. Arraignment • In an arraignment, the person accused is brought before a judge and enters their plea • A plea is declaration of guilt or innocence by the accused • The judge also sets a court date for the trial. There must be a “speedy trial” date as guaranteed by the 6th Amendment • Sometimes a plea bargain will be arranged. The accused agrees to plead guilty in order to receive a lesser punishment

7. The Trial • The trial decides the guilt or innocence of the accused • In a trial, the person accused of a crime is known as the defendant • The defendant’s lawyer is known as the defense attorney • The prosecutor is the lawyer for the government who attempts to prove the defendant guilty • In state trials the prosecutor is called the Commonwealth Attorney, in federal trials he is known a the U.S. Attorney

8. Jury Anyone? • If jail time is a possible punishment, a defendant has the choice of a jury trial or a bench trial • In a bench trial, the judge decides guilt or innocence • In a jury trial, a group of your peers decides • If a jury is used, they are selected from a group of citizens randomly chosen • Both the prosecutor and defense attorney try to pick a jury that will favor them

9. During the Trial • Both sides will call witnesses, people who have information to tell about the case • If necessary, a subpoena can be issued, a court order forcing someone to appear in court. Only the defendant cannot be forced to testify (Fifth Amendment) • The witnesses give sworn testimony, in which they promise to tell the information about what they know under penalty of law • The prosecutor and defense attorney also present evidence, items and documents which are used to prove their case

10. The Verdict • The verdict is the final decision of the court • The court may rule guilty or not guilty • In a jury trial, all jurors must agree to find someone guilty. If they cannot agree it is a “hung jury” • A guilty decision can only be announced if the prosecutor has proven his case, “beyond a reasonable doubt”

11. GUILTY! • If a guilty verdict is reached, the jury usually recommends a punishment • The official punishment is given out by the judge at the sentencinghearing • If the defendant maintains his innocence, he can appeal to a higher court. The higher court can re-consider his case • If there is a not guilty verdict, the government may NOT appeal. That would be “double jeopardy”, banned by the Fifth Amendment

12. Juvenile Law • Criminal cases involving juveniles are handled differently • Juveniles are those under age eighteen • In adult cases, the court’s goal is to punish the guilty • In juvenile cases, the court’s goal is to rehabilitate, or change the behavior of the guilty child

13. Tried as an adult • However, if a juvenile commits a crime that would be a felony for an adult, they can be tried as an adult. In Virginia anyone who is fourteen or over can be tried as an adult • They can even receive the death sentence if the crime is terrible enough and they are at least a teenager, although it is uncommon for those below age sixteen • Other than Texas, Virginia has executed more juveniles than any state since 1973

14. Juvenile Hearing • Juveniles always receive a bench trial. Juries are never used in Juvenile court • A juvenile’s parents must be kept informed of all proceedings • The cases are held in Juvenile and Domestic Relations Court • All cases are held in private, no one is allowed in the court who is not part of the case. The result is also private • All records are kept private as well

15. Juvenile Punishment • Judges have greaterlatitudein sentencing, meaning they can decide the punishment to fit the individual as well as the crime • If not judged to be a threat, they can be sentenced to community service, counseling, probation, or other punishment • Juveniles can be sentenced to stay in a detention home if they are judged to be a danger to themselves or others • They can be held there until age 21 if necessary

16. Civil Cases • Civil cases are conducted somewhat differently from criminal cases • Instead of a trial, civil court proceedings are known as alawsuit • The person who files the lawsuit is known as the “plaintiff” • The “Defendant” is the person being sued

17. Your day(s) in court • Civil lawsuits may have ajudge or jury decide the verdict. This is guaranteed by the Seventh Amendment. The defendant gets to choose. • There are witnesses and evidence, just like a criminal trial • The winner is decided by a “preponderance of evidence”; “beyond a reasonable doubt” is not necessary in civil matters. • If the plaintiff wins, damages are awarded • Either side can appeal the decision to a higher court if not satisfied

18. The Constitution protects YOU • Whatever type of case, the Bill of Rights of the Constitution guarantees defendants some basic protections: • No unreasonable searches (4th) • No excessive bail (8th) • Speedy trial guaranteed (6th) • Trial by jury guaranteed (6th, 7th) • No Self-Incrimination (5th) • Right to an attorney (6th) • No Double Jeopardy (5th) • No Cruel and unusual (8th) punishment