Chapter Menu Chapter Introduction Section 1:Section 1:Civil Cases Section 2:Section 2:Criminal Cases Section 3:Section 3:Young People and the Courts Visual Summary
Chapter Intro 1 When is a legal issue a criminal problem, and when is it a civil problem? Civil law concerns disputes between two or more individuals or between individuals and the government. In criminal law, by contrast, the government charges someone with a crime and is always the prosecutor.
Chapter Intro 2 Section 1: Civil Cases The judicial branch of government is charged with interpreting the law. America’s courts decide thousands of civil cases each year.
Chapter Intro 2 Section 2: Criminal Cases The Constitution of the United States establishes and protects the individual’s fundamental rights and liberties. Thousands of criminal cases each year help define Americans’ rights and enforce law and order.
Chapter Intro 2 Section 3: Young People and the Courts The Constitution of the United States establishes and protects the individual’s fundamental rights and liberties. A separate legal system, the juvenile justice system, handles the cases of young people in trouble with the law.
A.A B.B Section 1-Polling Question Do you agree that settling a civil lawsuit out of court is a better course of action than going to trial? A.Agree B.Disagree
Section 1 Civil Lawsuits Civil lawsuits may involve property disputes, a breach of contract, family matters, or personal injury.
Section 1 Civil Lawsuits (cont.) In a civil case, a plaintiff brings a lawsuit against a defendant. The plaintiff: –Claims to have suffered loss –Usually seeks damages
Section 1 The defendant: –Argues the loss did not occur –Argues the defendant is not responsible Civil Lawsuits (cont.)
Section 1 Civil lawsuits may involve: –Property disputes –Breaches of contracts –Family matters involving two or more parties Civil Lawsuits (cont.)
Section 1 Negligence or personal injury Negligence suit filed when: –Someone injured or killed –Property destroyed Civil Lawsuits (cont.)
Section 1 Do you think a person should file a civil lawsuit against a neighbor for playing loud music late at night? A.Yes B.No A.A B.B
Section 1 The Process in a Civil Case Civil lawsuits follow a specified legal procedure.
Section 1 The Process in a Civil Case (cont.) There are specific legal procedures that civil lawsuits follow. Plaintiff retains a lawyer, who files a complaint with the court complaint Civil Cases
Section 1 Defendant: –Receives a summonssummons –May file an “answer” to complaint The Process in a Civil Case (cont.) Complaint and answer referred to as pleadings Civil Cases
Section 1 The process of discovery to check facts and gather evidencediscovery Pretrial hearing: The Process in a Civil Case (cont.) –Helps to explain differences between two sides –Plaintiff may decide to drop case –Defendant may offer settlementsettlement Civil Cases
Section 1 Mediation and arbitration are ways to resolve disputes. Most civil cases settled before trial because of time and money. The Process in a Civil Case (cont.) Civil Cases
Section 1 Trial: –Jury or judge may hear case –Plaintiff has to present a “preponderance of evidence” –Remedy set if plaintiff wins –Plaintiff gets nothing and must pay court costs if defendant wins The Process in a Civil Case (cont.) Civil Cases
Section 1 Appeal: –Losing side may appeal to a higher court –Defendant or defendant’s insurance company may appeal to reduce awards The Process in a Civil Case (cont.) Civil Cases
A.A B.B C.C D.D Section 1 Which do you think is probably the most effective way of resolving a civil dispute? A.Settlement B.Mediation C.Arbitration D.Trial
Section 2-Key Terms Guide to Reading Academic Vocabulary function confine sufficient
Section 2-Polling Question Do you think that criminal penalties help prevent crimes? A.Yes B.No A.A B.B
Section 2 What Is a Criminal Case? In criminal cases, defendants are charged with crimes, and if convicted, they are sentenced as punishment.
Section 2 What Is a Criminal Case? (cont.) In a criminal case, the state or federal government charges someone with a crime. Government is the prosecution in a criminal case.prosecution
Section 2 Crime is an act that:Crime –Breaks a federal or state criminal law –Causes harm to people or society What Is a Criminal Case? (cont.) U.S. Regional Crime Rates in 2004
Section 2 Criminal justice system includes courts, police and prisons. A separate juvenile justice system What Is a Criminal Case? (cont.)
Section 2 Penal code:Penal code What Is a Criminal Case? (cont.) –Written criminal laws in each state –Federal penal code defines federal crimes –Spells out the punishments that go with each crime
Section 2 People convicted of misdemeanors: –May be fined –May be sentenced to one year or less in jail What Is a Criminal Case? (cont.)
Section 2 People convicted of felonies: –May be imprisoned for a year or more –May be punished by death in the case of murder –May lose certain civil rights –May lose employment opportunities in some careers What Is a Criminal Case? (cont.)
Section 2 Misdemeanors sometimes treated as felonies What Is a Criminal Case? (cont.) –Example: drunk driving repeat offense
Section 2 Criminal penalties: –Provide punishment so that a criminal pays for offense –Protect society by confining dangerous lawbreakers in prison –Can serve as warnings to deter other people –Can help prepare lawbreakers to reenter society after prison terms What Is a Criminal Case? (cont.)
Section 2 Determining the sentence: –System of indeterminate sentences used in the past –Some prisoners eligible for paroleparole –Mandatory sentencing imposing whatever sentence the law directsMandatory sentencing What Is a Criminal Case? (cont.)
Section 2 Many states giving judges more sentencing options: –Shock incarceration –Intensive-supervision probation or parole –House arrest What Is a Criminal Case? (cont.)
Section 2 Do you agree that all judges should be required to impose mandatory sentencing? A.Yes B.No A.A B.B
Section 2 Criminal Case Procedure Criminal cases follow several steps, including arrest, hearing, indictment, arraignment, verdict, sentencing, and appeal.
Section 2 Criminal Case Procedure (cont.) Criminal cases follow several steps. Defendants entitled to the protections of due process Criminal Cases
Section 2 Arrest begins a criminal case Officers make an arrest when: Criminal Case Procedure (cont.) –They have witnessed suspected crime –A citizen has made complaint or report of a crime –A judge has issued arrest warrant Criminal Cases
Section 2 The booking process: –Police fingerprint and photograph suspect –Suspect allowed to call a lawyer –State provides lawyer if the suspect cannot afford lawyer Criminal Case Procedure (cont.) Criminal Cases
Section 2 A few hours after being booked: –Suspect informed of charges –Prosecution must show probable cause for believing the accused committed the crime –Judge either sends accused back to jail, sets bail, or releases the accused Criminal Case Procedure (cont.) Criminal Cases
Section 2 Preliminary hearings and grand jury decide indictments “Information” claims sufficient evidence to bring accused to trial Criminal Case Procedure (cont.) Criminal Cases
Section 2 Arraignment:Arraignment –Defendant formally presented with charges and enters a plea –If defendant pleads not guilty, case continues Criminal Case Procedure (cont.) Criminal Cases
Section 2 –If defendant pleads guilty, he or she is convicted and punishment is determined. –If defendant pleads no contest, effect is much the same as guilty plea Criminal Case Procedure (cont.) Criminal Cases
Section 2 Trial procedure: –Defense lawyer interviews witnesses, studies laws affecting the case, and gathers information. –Defendants have right to a jury trial, although many choose a bench trial. –Selection of potential jurors Criminal Case Procedure (cont.) Criminal Cases
Section 2 –Opening statements outlining the case –Prosecution and defense present cases Criminal Case Procedure (cont.) Criminal Cases Calling witnesses who give testimonytestimony Cross-examine witnessesCross-examine
Section 2 –Closing statements highlighting testimony –Judge explains law relating to case to the jury Criminal Case Procedure (cont.) Criminal Cases
Section 2 Reaching a verdict: –Jury chooses foreperson to lead discussion –Reviews evidence and arguments –Deliberates secretly and without time limit –Votes whether defendant is guilty or not guilty Criminal Case Procedure (cont.) Criminal Cases
Section 2 –To reach guilty verdict, evidence must convince “beyond a reasonable doubt” –Verdict must be unanimous in most criminal cases –Acquittal is a vote of not guiltyAcquittal –Hung jury is a jury that cannot agree on a verdictHung jury Criminal Case Procedure (cont.) Criminal Cases
Section 2 Jury or judge decides on sentence, which often specifies period of prison time Defendant can appeal guilty verdict Criminal Case Procedure (cont.) Criminal Cases
A.A B.B Section 2 Do you think the procedure for criminal cases is fair to defendants? A.Yes B.No
A.A B.B Section 3-Polling Question Do you agree that there should be a separate justice system for juveniles? A.Agree B.Disagree
Section 3 Causes of Juvenile Delinquency All states and the federal government have a separate justice system for young people.
Section 3 Causes of Juvenile Delinquency (cont.) In most states, anyone under the age is 18 is considered a juvenile.juvenile Juvenile delinquents are young people who commit crimesJuvenile delinquents Juvenile delinquents treated somewhat differently from adults who commit crimes
Section 3 Factors that can contribute to juvenile delinquency: –Abuse or neglect –Emotional or mental problems –Poverty Causes of Juvenile Delinquency (cont.)
A.A B.B C.C D.D Section 3 Which do you think contributes the most to juvenile delinquency? A.Abuse or neglect B.Emotional or mental problems C.Poverty D.Wealth
Section 3 The Juvenile Justice System The juvenile justice system is similar to the adult system, with some important differences.
Section 3 The Juvenile Justice System (cont.) Juvenile courts try to rehabilitate juveniles, rather than punish them.rehabilitate Two types of cases handled by juvenile courts: –Neglect, which involves caregivers neglecting or abusing juveniles –Delinquency, which involves juveniles committing crimes
Section 3 Police officers handling juvenile cases Special programs for juveniles: The Juvenile Justice System (cont.) –Counseling –Job training –Drug-treatment
Section 3 Trials for juveniles: –Preliminary hearings –Juveniles not entitled to a jury trial –Juvenile cases normally closed to the public –Juvenile offenders’ identities and criminal records kept secret –If found guilty court holds sentencing The Juvenile Justice System (cont.)
Section 3 Sentencing for juveniles: –Court holds hearing that is the same as sentencing –Some offenders sent home with a stern lecture –Some offenders with previous history of delinquency placed in special training schools, reformatories, treatment centers, or teen shelters The Juvenile Justice System (cont.)
Section 3 Successful probation leading to dropped charges and removal of charges from record Neglected juveniles can become wards of the court Rules for juvenile criminal cases established by the Supreme Court Juveniles generally have same or similar rights as adults The Juvenile Justice System (cont.)
Section 3 Do you think special programs are effective in rehabilitating juvenile delinquents? A.Yes B.No A.A B.B
VS 1 Civil Law Civil law includes disputes over rights, property, and agreements. In a civil lawsuit, the plaintiff files a complaint against the defendant, and the defendant responds. The legal system has established a procedure that everyone must follow to settle civil disputes.
VS 2 Criminal Law In criminal law cases, the government charges someone with a crime. A crime is an act that breaks a federal or state criminal law and causes harm to people or society in general. Criminal cases are divided into two main groups—felonies and misdemeanors.
VS 3 Juveniles and the Court System When a juvenile is arrested, the police must notify his or her parents or caregivers. A preliminary hearing is held, followed by a court appearance. At sentencing, juveniles may be sent home, put on probation, made a ward of the court, or sent to a reformatory.
VS 4 Juveniles and the Court System (cont.) There is no jury in juvenile court cases. The primary goal of juvenile courts is to try to rehabilitate, or correct the behavior of, offenders.
Vocab20 sufficient to be adequate for a purpose
Vocab21 juvenile a person not yet legally an adult
Vocab22 juvenile delinquent a child or teenager who commits a serious crime or repeatedly breaks the law
Vocab23 rehabilitate to correct a person’s behavior
Vocab24 emphasis placing stress or special importance on something
Vocab25 preliminary coming before the main part or item
Vocab26 equivalent alike or equal to in number or meaning
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