the trial process

advertisement
Warm Up
Explain the phrase “beyond a reasonable doubt” and
how it applies to criminal cases.
What do you think is the most reliable evidence possible
in a criminal trial? Why?
Eye Witness Test
 Take the test – write your answer in the warm up
 https://www.youtube.com/watch?v=2mfUGWif6pQ
After the Quiz
 Then turn to page 457 and fill in your flowchart on the
Criminal Trial Process
 These are your notes!
4.2 Identify the sequence of and criminal
law.
ARREST
Depriving a person of his/her
right to liberty due to an
accusation of crime
Indictment
Suspect is formally charged with
a crime
job of the Grand Jury
16-23 people
ARRAIGNMENT
• Defendant pleads “guilty” or “not guilty”
• Guilty: the trial will not continue
• “plea bargain” – admit guilt for a lesser sentence
• Not guilty: the trial will continue
What is a “Settlement”?
In a civil court case, a settlement is where the two parties
agree to terms outside of court to avoid cost and time
with a trial
DIRECT EXAMINATION
The lawyers for the
Prosecution go first to
present their case and call
witnesses
Cross Examination
The lawyers for the opposing
side have the opportunity to
question witnesses and
evidence
Closing Arguments
 Each side sums up its case to try to sway the jury
Deliberation
The (petit) jury attempts to
make a decision on the verdict.
must be unanimous
12 members
Verdict
 Guilty: the defendant will be sentenced
 Acquittal: Not guilty – set free
 Hung Jury – deadlocked jury and requires
a retrial
Sentencing
 If the Jury finds the defendant guilty, he/she
will then be “sentenced” to a punishment
Back to Eyewitness Testimony
Go back to the warm up, who is your suspect in the
lineup?
Research
 https://www.youtube.com/watch?v=XcywPdORySA
Beyond a Reasonable Doubt
 A jury must believe the defendant is guilty without any
reasonable doubt.
 Eye Witness testimony creates lots of doubt
 So, cases become about what do we KNOW happened.
 Its NOT WHAT WE THINK HAPPENED!
Grand Jury:
In the News
 Tony Stewart
 Michael Brown Eye
Witnesses
 Eric Garner
 Michael Brown Grand
Jury Documents
Closure
 If you were ever charged with a crime, what would be the
purpose of the Grand Jury?
 How do you think the media affects trials like the ones we
discussed yesterday and today? Is it fair/unfair?
 What is something you learned today about the cases we
discussed?
 Is there anything you would change about the legal
process?
Warm up
1.
What is an indictment and who is in charge of it?
2. What is the difference between a Grand Jury and
Petit Jury?
3. What happens during the arraignment?
4. Describe a plea bargain.
4.3 Identify the sequence of civil law
Copy the flow chart on page 450 onto the blank form for
your notes.
McDonald’s Case
 https://www.youtube.com/watch?v=pCkL9UlmCOE
Judge Judy
Criminal Cases
Compare:
Government v. citizen
People/parties involved
Prosecution v. Defense
Comparison
Name of the case
Civil Cases
Person v. person
Plaintiff v. Defendant
Committed a crime
What is the accuser claiming
the defendant did?
Grand jury issues an
indictment
Who makes the official
claim/charge?
Plaintiff issues a complaint
A sentence: fine, jail, prison,
death? Etc.
What punishment is the
accuser seeking?
monetary compensation
Aka $$$
Guilt beyond a reasonable
doubt
What must be proven in the
case?
A jury and/or a judge
Who makes the decision?
A tort
Negligence/wrongdoing
“A preponderance of
evidence”
It was most likely the
defendant’s fault.
A jury and/or a judge
Download