Civil vs Criminal and Juries

1. Civil vs Criminal and Juries Objective: Students will compare and contrast civil and criminal court proceedings in order to analyze jury selections through a real world example.

2. Drill: 1. The United States legal system requires that people accused of crimes be • Held in prison until trial • Informed of the charges against them • responsible for proving their innocence

3. 2. “Americans are free … to disagree with the law but not to disobey it. For in a government of laws and not of men, no man, however prominent or powerful, and no mob however unruly or boisterous, is entitled to defy a court of law.” —President John F. Kennedy The quotation above most directly supports presidential actions that • improve international relations • improve the economy • ensure public order and safety • ensure individual rights

4. Vocabulary questioning biased trial • voir dire- ______________________ a juror or a witness to determine his or her competency, qualifications and knowledge and to make sure they are not _____________________. • petit jury- The ordinary jury of 6 to 12 persons for the ____________________ of a civil or criminal case • prosecution- lawyers acting for the _________________ to put the case against the defendant • grand jury- a group of 6 to 23 people who __________________ whether or not there is enough _________________ to formally ____________________ someone of a crime • hung jury- a jury that is unable to __________________ on a verdict (the result is a ____________________) • reasonable doubt- level of ­____________________ that the judge or jury needs to have before finding an individual __________________ in a criminal case • verdict- the ­­­­­­­­­­­­_____________________ of a ________________________ trial  • indictment- An ____________________ of a criminal offense made by a ____________________________ state decide charge evidence agree mistrial certainty guilty outcome criminal accusation Grand Jury

5. Scavenger HuntCivil and Criminal Proceedings Instructions: Read each scenario. Consult your Criminal and Civil Proceedings Flowcharts to: (a) circle whether the case is civil or criminal (b) identify the category of civil or criminal law (c) answer the question associated with each scenario

6. Ronald McDonald filed a complaint against Burger King for slander. The case doesn’t even make it to pretrial discovery, the plaintiff wins. • (a) civil or criminal • (b) category: ________________________________ • (c) How is this situation possible? Torts and Civil Wrongs Settlement out of court

7. Civil Categories: • Contract • Property • Torts and Civil Wrongs • Family • Criminal Categories: • Petty • Misdemeanor • Felony

8. Cases are held in court Oath Lawyers • Evidence/ Proof Summons • Legal Principles Witnesses • Categories (Civil: Torts, Contract, Family, Property. Criminal: Felony, Misdemeanor, Petty) • Settlement avoids Trial • Preponderance of Evidence • Seeking Damages • Plaintiff Brings the Case • Mediation • Arbitration • Plea Bargain – Avoids Trial • Beyond a Reasonable Doubt • Jail Sentence/ Fine • State Brings Case (Prosecution) • Held until Proven Guilt/ Pay Bail • Grand Jury

9. Preponderance of Evidence Beyond a Reasonable Doubt Different kinds of cases: Criminal – deals with crimes Civil – deals with issues among people Because they deal with different topics; How the result is determined needs to be different. What is the burden of proof in a Civil Case? Explain it What is the burden of proof in a Criminal Case? Explain it Why is the burden of proof different for criminal and civil cases?

10. Assessment: 1 Into the Jury Pool Read the Article and Answer the questions that follow.

11. Assessment: 2 You be the Lawyer…

12. Theories of Crime and Punishment

13. Utilitarian Theory Focuses on achieving social benefit: • Deterrence – In general, it has been found that an increase in the detection, arrest and conviction rate is a greater deterrence to crime than an increase in the punishment. • Incapacitation – Removing dangerous individuals from society protects society from that person.

14. Utilitarian Theory Cont… • Rehabilitation – Offenders can be “changed” into productive members of society if given proper treatment. • NOTE: This may be a goal of punishment, but it is not a justification for punishment and in today’s system, it has been all but rejected.

15. Retributive Theory • Society is under a moral obligation to punish a defendant who deserves punishment. It is wrong to punish the innocent and we must take steps to avoid doing so, but a guilty person must be punished. • Assaultive – Punishment is justified by the crime. It is not necessary to look at the rights of the guilty or consider his or her “best interests.”

16. Retributive Theory Cont… • Protective – The guilty has benefited from the crime and society has paid the price. Thus, the guilty person owes a debt to society. Can you give Examples of each?

17. Peggy Lerner You are given a wrap sheet and a scenario. Produce a persuasive argument about what should happen to her. You need to have in there: All grievances: The crime committed What penalties should happen or lack of End result and why.

18. Exit ticket- Worth 40 Points What do you think should happen to Peggy Lerner? • What punishment do you think she should receive? • If the decision was left in your hands, what would be a fair punishment. • You must include a recap of her crimes and a justification of her punishment. • You must also explain with type of punishment it is with citing examples. • You must explain this this is 1-2 paragraphs.