Presentation on theme: "THE LAW 8 Rights of a citizen accused of a crime:"— Presentation transcript:
1THE 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.
2THE 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).
3THE 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
45 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)
5THE 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.
6THE 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.
7THE 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.
8THE 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.
9THE 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
107 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.