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THE LAW 8 Rights of a citizen accused of a crime:

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Presentation on theme: "THE LAW 8 Rights of a citizen accused of a crime:"— Presentation transcript:

1 THE LAW 8 Rights of a citizen accused of a crime:
Protection from Double Jeopardy (person can only be re-tried in case of a hung jury) Right to a grand jury (5th) – decide if evidence warrants a trial; people; Issue an indictment (formal charges) Protection of Self-Incrimination (taking the 5th) – if you refuse to testify about another person involved in a crime who are held in contempt of court. Right to Speedy and Public Trial – (6th) – federal cases must take place within 70 days of charges Right to Appeal a Verdict – errors made, lack of evidence, new evidence, etc.

2 THE LAW Right to a Trial by Jury – called a Petit Jury (6-12 people); decide if you are guilty or not Right to an adequate defense – (6th) – right to be informed of charges, question witnesses, call or subpoena witnesses, and right to counsel (lawyer). Right to reasonable bail – (8th) – money pledged by the accused to insure that they will appear in court on their trial date (money returned if person shows up).

3 THE LAW 5 Responsibilities of all Americans in the US legal system:
Must serve on juries Must testify in court Must obey the law Must cooperate with law enforcement officers Must work to end unfair and ineffective laws

4 5 Types of Laws (examples) in the US Legal System
THE LAW 5 Types of Laws (examples) in the US Legal System Criminal Law – cases in which people are accused of committing crimes that harm other people or property Examples – murder, larceny, rape, assault, DWI Civil Law – Disputes between people or groups, including disputes between government and citizens Examples – Contract disputes, divorce, child custody, property disputes, copyright laws Party who files the lawsuit is the plaintiff and the party being sued is called the defendant $$$$ is wanted for damages (majority settled out of court) Constitutional Law – example – if a person sues over excessive bail (8th amendment issue)

5 THE LAW 4. Administrative Law – cases involve laws, rules, and regulations that the Executive Branch and its agencies have implemented Example – FAA (executive agency) might issue an executive order that the airlines believe are unfair. 5. International Law – cases involving any law that affects the United States and any foreign nation, including laws that involve treaties, trade agreements, etc. Example – If American fisherman were not allowed to fish in waters in which trade agreements are met with another country – international law.

6 THE LAW Results of Civil Cases:
Actual Damages – actual amount of money being asked for by the plaintiff, to repair or replace actual proven damages or costs caused by the action Punitive Damages – money awarded to the plaintiff as punishment for the defendant, for their action or damage. Usually more valuable than actual damages.

7 THE LAW Crimes Crimes against people (murder, rape, etc.)
Crimes against property (most common) About 5% of all Americans will serve jail time Current population of jails in U.S. – over 2 million 2 Levels of Severity 1. Misdemeanor – less serious crime, 90% of all crimes examples – trespassing, littering…**only 10% of misdemeanor defendants are convicted!** 2. Felonies – more serious crimes; 10% of all crimes; 75% are non-violent; 25% violent; Examples – murder, burglary, drug trafficking…60% of defendants convicted.

8 THE LAW Felonies Convicted felons lose their right to vote, hold office, or certain jobs More than 50% of all felony arrests are dismissed without ever going to court 70% of convicted felons are sentenced to jail time; others receive probation 36% of convicted felons were under the influence of alcohol at the time of the offense.

9 THE LAW Two Types of Civil Law Cases:
1. Lawsuit – one party brings legal action against another to collect for some harm or damage. a. Small Cases - $5,000 or less in most cases; no jury b. Large Cases – Over 10,000; held in Superior Courts with juries 2. Suit of Equity – case in which a party seeks fair treatment in a situation where no law exists to settle the matter Example – person sues to prevent a road from being built to close to their home. a. usually handled by a judge only. Judge will issue an injunction – order to stop the action during case

10 7 Steps of a Civil Case Lawsuit is planned
Plaintiff hires an attorney to file lawsuit (State will not supply you with an attorney in a civil case!) Plaintiff’s attorney will prepare a complaint (formal notice) Court sends defendant a summons (order to appear in court) Defendant gets a lawyer and files a response (defendant can file a counter suit if necessary) Attorneys met and exchange pleadings – parties will determine at this point if court is necessary If not settled, the case goes to court.






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