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1 Goal 5.03 Describe the adversarial nature of the judicial process.

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Presentation on theme: "1 Goal 5.03 Describe the adversarial nature of the judicial process."— Presentation transcript:

1 1 Goal 5.03 Describe the adversarial nature of the judicial process.

2 2 PLAINTIFF – Person who brings a legal charge or lawsuit PLAINTIFF – Person who brings a legal charge or lawsuit DEFENDANT – Person defending him- or herself in a court of law DEFENDANT – Person defending him- or herself in a court of law PROSECUTOR – Person who makes the case against the defendant in a legal proceeding PROSECUTOR – Person who makes the case against the defendant in a legal proceeding DEFENSE ATTORNEY – Represents the defendant DEFENSE ATTORNEY – Represents the defendant PUBLIC DEFENDOR – Free lawyer provided by the state PUBLIC DEFENDOR – Free lawyer provided by the state

3 3 Difference between civil and criminal cases?? Difference between civil and criminal cases??

4 4 Basic Steps in the Court Procedure in CIVIL CASES 1. Plaintiff hires an attorney who files a complaint (accusation of wrongdoing). 1. Plaintiff hires an attorney who files a complaint (accusation of wrongdoing). 2. Court sends the defendant a summons (notice to appear in court). 2. Court sends the defendant a summons (notice to appear in court). 3. Discovery: 3. Discovery: Defendant’s attorney files a written answer. Attorneys exchange pleadings. Defendant’s attorney files a written answer. Attorneys exchange pleadings. 4. Attorneys present sides of the case and await a decision. 4. Attorneys present sides of the case and await a decision.

5 5 Court Proceedings in CRIMINAL CASES 1. ARREST 1. ARREST Police arrest and book suspect Police arrest and book suspect

6 6 2. PRELIMINARY HEARING 2. PRELIMINARY HEARING Purpose: to find if there is enough evidence or probable cause for someone to be charged with a crime Purpose: to find if there is enough evidence or probable cause for someone to be charged with a crime - Suspect appears before judge - Suspect appears before judge - Bail is set - Bail is set - Issue of law : laws that apply to the facts of a legal case - Issue of fact : facts that are part of a legal case - Case goes to trial is evidence is persuasive - Case dropped if facts found to be untrue

7 7 3. INDICTMENT 3. INDICTMENT - Grand jury hears evidence against suspect - Possible decisions: - Indictment (formally charge) - Dismiss if not enough evidence for trial

8 8 4. ARRAIGNMENT 4. ARRAIGNMENT A hearing where the suspect pleads guilty or innocent to the charges. A hearing where the suspect pleads guilty or innocent to the charges. - Not guilty = Trial date is set - Guilty = Sentencing = Plea bargain: pleading guilty to a lesser charge = Plea bargain: pleading guilty to a lesser charge

9 9 5. TRIAL 5. TRIAL Prosecution and Defense Prosecution and Defense present cases to judge or jury present cases to judge or jury - Subpoena = document requiring a person to appear in court - Subpoena = document requiring a person to appear in court - Testimony = statements witnesses make under oath - Testimony = statements witnesses make under oath - Cross-Examination = questions from opposing side in an attempt to cast doubt on the truth or reliability of the witness’ testimony - Cross-Examination = questions from opposing side in an attempt to cast doubt on the truth or reliability of the witness’ testimony - Perjury = telling lies under oath - Perjury = telling lies under oath

10 10 6. DELIBERATION 6. DELIBERATION - Jury thinks/discusses case and reaches a verdict - Vote (most states require unanimous vote) - AQUITTAL - not guilty, prosecution has not proven case - AQUITTAL - not guilty, prosecution has not proven case - SENTENCING – guilty, judge determines sentence - SENTENCING – guilty, judge determines sentence - MISTRIAL – hung jury; jury can’t agree on verdict; prosecution decides whether to drop charges or ask for retrial - MISTRIAL – hung jury; jury can’t agree on verdict; prosecution decides whether to drop charges or ask for retrial


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