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Civil & Criminal Law

Civil & Criminal Law

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Civil & Criminal Law

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  1. Civil & Criminal Law Yay! We are going to knock this out TODAY

  2. Civil Court Cases • Lawsuits- are when one person sues another for damages • THINGS TO SUE OVER: • Property Disputes! • Divorce • Negligence- term explaining the idea that an accident was caused by the careless actions of another person. • Personal Injury

  3. Types of Lawsuits Suits in Equity: A person or group seeks fair treatment in a situation where there is no existing law to help decide the matter. • Basically, people bring suits in equity to try to prevent something bad from taking place BEFORE it occurred! • JUDGE, no jury. • Judge may issue an INJUCTION- a court order commanding a person a group to stop a certain action.

  4. Adversarial Nature • Adversarial Suits - a person who opposes or fights against the opponent; enemy • This is the nature of civil court. You are “fighting an enemy” • Plaintiff/Defendant

  5. Let’s sue Colonel Sanders

  6. Imagine you slipped on Colonel Sander’s icy sidewalk and broke your wrist and ankle. You feel that Sanders should have cleared the sidewalk of snow and ice to keep it safe. You want Sanders to pay for the costs of your medical bills and your loss of time at work! You also feel that Sanders should pay you in CASH $ $ $ for your pain and suffering! YOU DECIDE TO SUE Colonel Sanders! Step 1: You hire a lawyer who files a COMPLAINT with the proper court. Complaint- formal statement naming the plaintiff and the defendant and describes the lawsuit. STEPS IN A CIVIL CASE!

  7. The court then sends a SUMMONS • Summons - A document telling the defendant of the suit against him and orders him to appear in court on a certain day and time.

  8. Step 2- Defendant may respond to the charges by having attorney “answer” to the complaint • PLEADINGS- the complaint and the answer together • The lawyers on both sides gather evidence to help their case. • Step 3 -Pre-trial discussions: judge might have both parties in a meeting to help clarify differences and prepare for the trial

  9. Your case is really strong and just offer you a SETTLEMENT! STEP 4: TRIAL! If the parties do not settle, the case goes to trial. Jury of 6-12 people OR A judge might hear the case ALONE. a. The plaintiff presents its side 1st then the defendant, b. Both sides then summarize their cases. c. After all this, judge or jury decides the case. Or Sanders and his lawyer might think that…

  10. STEP 5: VERDICT- decision. • Either Sander’s has to pay OR Sanders win and plaintiff (you) get nothing and you have to pay court costs! • STEP 6: APPEAL

  11. Criminal Court!

  12. SECTION 2: Criminal Cases • Crime- an act that breaks a federal or state criminal law and causes harm to people or society. • Felonies or misdemeanors!

  13. Crimes against Property Larceny - taking and carrying away of tangible personal property Burglary (more B&E), Robbery Vandalism Deliberate destruction of property Fraud Taking property by dishonest means Embezzlement TYPES OF FELONIES

  14. Types of Felonies • Crimes against People • Murder • Manslaughter • Rape • Kidnapping • Assault • VICTIMLESS CRIMES (or are they) • Unauthorized gambling • Use of illegal drugs

  15. Class 1 or Class A felonies are generally heinous crimes and are penalized with the most severe prison terms and fines. The recommendation for a Class A or Class 1 felony are lengthy prison sentences including life without parole or death. Class A felony crimes include murder and first degree intentional homicide.

  16. Class 2 or Class B felony crimes are serious crimes and the penalty can be as severe as 60 years imprisonment. In some states, Class B felons may also face a life of probation and fines up to $30,000. Crimes of this nature include manslaughter, conspiracy, kidnapping and first degree sexual assault.

  17. What happens in a criminal case? • Step 1: ARREST • Step 2: HEARING • Step 2a: INDICTMENT • Step 2b: ARRAIGNMENT • Step 3: PLEA BARGAINING • Step 4: TRIAL • AQUITTAL • SENTENCING or HUNG JURY

  18. Arrest: • Officers make arrests if they have witnessed a suspected crime, if a citizen has made a complaint or report of a crime OR a judge has issued an ARREST WARRANT.

  19. Hearing, Indictment, Arraignment • Step 2: Hearing • Informed of the charges against you • Grand juries are used to decide whether a person should be INDICTED- formally charged with a crime. • Preliminary hearing is used sometimes instead of a grand jury. • Defendant then APPEARS in COURT

  20. For a procedure called a:ARRAIGNMENT • He or she is formally presented with the charges and asked to enter a PLEA • If defendant pleas: NOT GUILTY, case goes on. • If defendant pleas: GUILTY • He or she stands convicted of the crime and judge with decide punishment • OR defendant could pleas: NO CONTEST

  21. What is NO CONTEST? • He or she does not admit guilt but will not fight the prosecution’s case • Effect is similar to a guilty plea!

  22. Sometimes after reviewing the charges against a suspect, a defendants lawyer may encourage him to accept a PLEA BARGAIN Agreement in which the accused person agrees to plea guilty, but to a lesser charge STEP 4: TRIAL Testimony: answers you give while under oath “the truth, the whole truth and nothing but the truth…” STEP 3: PLEA BARGAINING

  23. Last part of a trial begins when the jury goes off to think over and discuss the case and reach a VERDICT – verdict is the outcome…guilty or not guilty Vote of not guilty Defendant is then immediately released. Sometimes a jury cannot agree on a verdict, even after days of discussion and many votes. When this happens… VERDICT & SENTENCING

  24. HUNG JURY! Then the trial is a MISTRIAL! IF defendant is GUILTY the judge sets a court date for sentencing The judge declares a

  25. Sentencing • Boot Camp • Prison • Death penalty • Life without Parole • Probation • Fines

  26. Section 3: Young Peeps and the Courts • Anyone under the age of 18 (in most states) is considered a juvenile: • Someone who is not yet legally an adult • Juvenile delinquents are young people who commit crimes.

  27. What do you think are some causes Juvenile Delinquency? • 3 main factors: • Availability of drugs. • Availability of guns. • Juveniles recruited into illicit drug trade. • Too much idle time for children and adolescents. • Lack of positive adult supervision. • Scarcity of positive role models. • Child abuse and neglect. • Parents who lack needed parenting skills. • Children with unmet needs for special education and mental health care.

  28. Stages in the Juvenile System • When juveniles are charged with committing a crime, they are handled in: JUVENILE COURTS • Primary goal: • Try to rehabilitate- correct a person’s behavior, rather than punish the person.

  29. ¾ of juvie court cases begin when police arrest a young person for a crime What about the rest? School administrators, store managers or others in contact with that child will petition to the courts to HELP the child! Began in 1800s Before this, anyone over the age of 14 were treated like adults. Getting same treatment and sentences and prisons! But NOW… Did you know?

  30. Juvenile courts handle 2 kinds of cases! • 1. neglect • Someone who is neglected or abused by their caregivers • 2. delinquency • Cases the involve juveniles who commit crimes. • …..actions that are considered illegal for juveniles but not adults like… • Skipping school, running away from home, violating curfew laws.

  31. Punishments for Juvenile Offenders • House arrest • Change of guardian • Juvenile Hall • Adult jail!! • Blended sentence • Spend time in Juvie until they are 18, then adult jail.