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