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 chargesRight to Appeal a Verdict – errors made, lack of evidence, new evidence, etc.
2 THE LAWRight to a Trial by Jury – called a Petit Jury (6-12 people); decide if you are guilty or notRight 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 juriesMust testify in courtMust obey the lawMust cooperate with law enforcement officersMust work to end unfair and ineffective laws
4 5 Types of Laws (examples) in the US Legal System THE LAW5 Types of Laws (examples) in the US Legal SystemCriminal Law – cases in which people are accused of committing crimes that harm other people or propertyExamples – murder, larceny, rape, assault, DWICivil Law – Disputes between people or groups, including disputes between government and citizensExamples – Contract disputes, divorce, child custody, property disputes, copyright lawsParty 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 LAW4. Administrative Law – cases involve laws, rules, and regulations that the Executive Branch and its agencies have implementedExample – 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 actionPunitive 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 timeCurrent population of jails in U.S. – over 2 million2 Levels of Severity1. Misdemeanor – less serious crime, 90% of all crimesexamples – 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 LAWFeloniesConvicted felons lose their right to vote, hold office, or certain jobsMore than 50% of all felony arrests are dismissed without ever going to court70% of convicted felons are sentenced to jail time; others receive probation36% 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 juryb. Large Cases – Over 10,000; held in Superior Courts with juries2. Suit of Equity – case in which a party seeks fair treatment in a situation where no law exists to settle the matterExample – person sues to prevent a road from being built to close to their home.a. usually handled by a judge only. Judge will issuean 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 necessaryIf not settled, the case goes to court.