Ch. 16
Civil Cases
Types of Civil Lawsuits
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In civil cases the plaintiff, or party
bringing a lawsuit, claims to have suffered
a loss and usually seeks damages (money
from the defendant)
The defendant, or party being sued,
argues either that the loss did not occur or
that the defendant is not responsible for
it.
Types of Civil Lawsuits
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Lawsuits involving a few thousand dollars or less
are often handled in a small claims court, where
people act as their own attorneys.
Lawsuits may involve property disputes, breach
of contract, or divorce.
Negligence suits are filed when a person has
been injured or killed or when property has been
destroyed because someone else has been
careless or negligent
What Happens in a Civil Case?
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A lawsuit starts when the plaintiff’s lawyer
files a complaint, or formal statement
naming the plaintiff and defendant and
describing the nature of the suit.
The court then sends the defendant a
summons, a document telling him of the
suit and requiring him to appear in court
at a certain time
Steps in a Civil Case
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The defendant may respond by having his
lawyer file an “answer” to the complaint
The answer may admit to the charges or
deny responsibility.
The complaint and answer together are
called the pleadings.
Steps in a Civil Case
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During the discovery process before the
trial, both lawyers check facts and gather
evidence by questioning the other party
and witnesses.
The time to build a case for your client
Steps in a Civil Case
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The judge may call a pre-trial conference with
both parties.
If the case is weak, the plaintiff may decide to
drop the lawsuit.
If the case is strong, the defendant may offer a
settlement of some amount of money the
defendant will have to pay the plaintiff.
Steps in a Civil Case
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Other ways to resolve disputes may be
mediation and arbitration.
A trained mediator does not decide the case, but
serves as a neutral party to help the two sides
reach an agreement.
A professional arbitrator reviews and resolves
the dispute, and the arbitrator’s decision is
usually binding on both parties.
Steps in a Civil Case
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Most civil cases are settled before trial for
several reasons.
First, parties often prefer a negotiated outcome
to the uncertain outcome of a trial.
Second, it may take years for a case to come to
trial.
Third, trials are expensive and time consuming.
Steps in a Civil Case
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If the parties do not settle, the case goes
to trial
A jury of 6 to 12 members, or more likely
a judge will hear the case.
First the plaintiff will present their case,
and then the defendant will follow with
their presentation.
Steps in a Civil Case
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The plaintiff has to present a
“preponderance of evidence”—enough
to persuade the judge or jury that the
defendant is likely to be responsible for
the incident.
This is a lower standard than prosecutors
must meet in criminal cases.
Steps in a Civil Case
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The judge or jury considers all evidence
and decides on a verdict in favor of one of
the parties.
If the plaintiff wins, a remedy is set.
If the defendant wins, the plaintiff gets
nothing and must pay for the court costs.
Steps in a Civil Case
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If the losing side believes the judge made errors
or some injustice occurred, it may appeal to a
higher court.
Cases involving large awards are often appealed.
As a result, the winning plaintiff may wait years
for the money and may actually end up with
nothing.
Ch. 16.2: Criminal Cases
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In criminal law cases the government
charges someone with a crime and is
always the prosecution.
The accused person is the defendant
Types of Cases
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A crime is an act that breaks a federal or state
criminal law and causes harm to people or
society in general.
Each state has a set of criminal laws, called the
penal code, that spells out punishments for
each crime.
Felonies are the serious crimes; misdemeanors
are the minor violations
Types of Cases
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Criminal penalties:
Punish criminals and protect society by
keeping dangerous criminals in prison.
(Isolation)
Serve as a warning to deter others from
committing the same crime.
Intend to help prepare lawbreakers to reenter
society after their prison term ends
(rehabilitation)
Types of Cases
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In some cases, a parole board may decide
to grant a prisoner parole, or early
release.
In these cases, the person must report to
a parole officer until the sentence expires
Mandatory v. Minimum/Maximum
sentences
Types of Cases
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Three types of crimes:
Crimes against people (murder, rape,
manslaughter, assault, kidnapping)
Crimes against property (larceny,
vandalism, fraud, burglary)
Victimless crimes (illegal gambling, illegal
drug use)
What Happens in a Criminal Case?
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Officers make arrests if they have witnessed a
suspected crime, if a citizen has reported a
crime, or if a judge has issued an arrest warrant.
At arrest, the officer informs the person of 4
rights: the right to remain silent, to have an
attorney present during questioning, to have a
court appointed attorney if the person cannot
afford one, and to stop answering questions at
any time.
Steps in a Criminal Case
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The suspect is then booked, or charged
with a crime.
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Police take fingerprints and a photograph.
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At this point the suspect may call a lawyer.
Steps in a Criminal Case
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In a few hours, the suspect appears in court.
The prosecution must show the judge probable
cause, or good reason, to believe the accused
committed the crime.
The judge then sends the accused back to jail,
sets bail, or releases the suspect on his own
recognizance (without bail) with the promise to
appear in court when called.
Steps in a Criminal Case
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In federal and many state courts, a grand
jury decides whether to indict.
In some states, a preliminary hearing is
used instead
Steps in a Criminal Case
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The defendant then appears for an arraignment and
must enter a plea.
If the defendant pleads not guilty, the case continues.
If the plea is guilty, the defendant stands convicted and
the judge determines the punishment.
A plea of no contest means that the defendant does not
admit guilt but will not fight the charges
Steps in a Criminal Case
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Plea bargaining is making agreements in
which the accused agrees to plead guilty,
but to lesser charges.
This process avoids lengthy and expensive
trials and ensures a punishment.
Steps in a Criminal Case
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Criminal defendants have the right to a
jury trial, but many choose to be tried by
a judge alone in a bench trial
For a jury trial, both sides select potential
jurors from a large pool of residents within
the court’s jurisdiction.
Both sides can reject jury candidates
Steps in a Criminal Case
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The lawyers for each side outline their case in an
opening statement.
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The prosecution and defense then present their
case in turn.
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Both sides call witnesses who give testimony,
answers given under oath.
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The other side may cross-examine witnesses
to try to discredit their testimony.
Steps in a Criminal Case
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Then the closing statements are given.
Both sides highlight the evidence most
favorable to their case.
The judge then instructs the jury on the
law that relates to the case.
Steps in a Criminal Case
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The jury will then go off to discuss the case.
The jury chooses a foreman to lead the
discussion
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Deliberations are secret and have no time limit.
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Then comes the vote.
Steps in a Criminal Case
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A guilty verdict means that the jury found
the evidence convincing “beyond a
reasonable doubt.”
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Most states require an unanimous vote
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Acquittal is a vote for not guilty
Steps in a Criminal Case
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If the jury cannot decide on a verdict, the
judge declares a hung jury and rules a
mistrial.
The prosecution must then decide
whether to drop the charges or retry the
case.
Steps in a Criminal Case
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If the verdict is guilty, the judge sets a court
date for sentencing
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Sometimes the jury recommends a sentence.
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More often, the judge decides the sentence.
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Sentences often specify prison time, but may
include fines or community service work
Steps in a Criminal Case
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The defense often appeals a guilty verdict
The 5th Amendment prohibits double
jeopardy from the prosecution.
Ch. 16.3: Young People and the
Courts
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In most states, anyone under age 18 is
considered a juvenile—not yet legally an adult.
Our system treats young people who commit
crimes—called juvenile delinquents—
somewhat differently from adults.
Older juveniles charged with serious crimes, may
be tried as adults
Causes of Juvenile Delinquency
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Factors such as abuse, neglect, emotional
or mental problems, and poverty
contribute to juvenile delinquency.
However, many children with these risk
factors never have trouble with the law,
while children from all backgrounds (even
privileged ones) can become delinquents.
Stages in the Juvenile Justice
System
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The main goal of the juvenile courts is to try to
rehabilitate, or correct a person’s behavior, rather than
punish them.
Cases begin with arrest or petitions to the courts filed by
school administrators, store managers, or others.
Parents may also petition
This means that children can be put into the juvenile
justice system without having been accused of a crime.
Stages in the Juvenile Justice
System
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Before reforms in the late 1800s, juvenile
offenders received the same sentences
and were sent to the same prisons as
adults.
Today, juvenile courts try to do whatever
is best for the young person.
Stages in the Juvenile Justice
System
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In cases of neglect or abuse by caregivers,
a court may place youths in foster homes.
Delinquency cases involve crimes
Other cases involve actions that are
considered illegal only for juveniles, such
as running away or maybe curfew
violations.
Stages in the Juvenile Justice
System
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When a juvenile is arrested, police notify the
parents or caregivers.
The child may be sent home or placed in
juvenile detention until time to appear in court.
In non-violent cases, juveniles may be diverted
away from the court and into special programs,
such as counseling, job training, or drug
treatment.
Stages in the Juvenile Justice
System
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A judge may hold a detention hearing to
determine whether the juveniles might be
dangerous to themselves or others
If so, the juvenile may remain confined.
Stages in the Juvenile Justice
System
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The next stage is the preliminary hearing
to determine probable cause
Is there enough to take this to an actual
trial; the evidence has to be weighed
Stages in the Juvenile Justice
System
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The trial is less formal than in adult court.
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Only the parties involved may attend
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Both sides call and cross-examine
witnesses; no jury involved; the judge
decides whether the young person is
delinquent or non-delinquent
Stages in the Juvenile Justice
System
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The system tries to protect juveniles by keeping
their identities and criminal records secret.
In some cases, records may be erased when the
offender becomes an adult.
Some states are experimenting with peer juries
for the sentencing stage, if the defendant
agrees.
Stages in the Juvenile Justice
System
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If a juvenile has been found delinquent,
the court holds a hearing to decide the
sentencing.
Delinquents may be sent home with a
stern lecture or placed in a special training
school, reformatory, treatment center, or
teen shelter.
Stages in the Juvenile Justice
System
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If the young people attend school and obey their
caregivers during the probationary period, the
charges will be removed from their record.
Juveniles who were neglected may become
wards of the court until they are adults.
Judges may place juveniles with serious mental
or emotional problems in a hospital or
institution.
Supreme Court Rules
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Gerald Gault, age 15, had been sentenced
to 6 years in a reformatory for making
indecent telephone calls to a neighbor.
His parents were not informed of his
arrest.
He had no attorney present and the
neighbor was never questioned
Supreme Court Rules
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The Supreme Court overturned the ruling
in the 1967 case In re Gault and
established rules for juvenile criminal
cases.
Juveniles have the right to counsel, the
right to confront witnesses, and the right
not to be forced to incriminate
themselves.