Presentation on theme: "THE LAW 8 Rights of a citizen accused of a crime: 1.Protection from Double Jeopardy (person can only be re-tried in case of a hung jury) 2.Right to a grand."— Presentation transcript:
THE LAW 8 Rights of a citizen accused of a crime: 1.Protection from Double Jeopardy (person can only be re-tried in case of a hung jury) 2.Right to a grand jury (5 th ) – decide if evidence warrants a trial; people; Issue an indictment (formal charges) 3.Protection of Self-Incrimination (taking the 5 th ) – if you refuse to testify about another person involved in a crime who are held in contempt of court. 4.Right to Speedy and Public Trial – (6 th ) – federal cases must take place within 70 days of charges 5.Right to Appeal a Verdict – errors made, lack of evidence, new evidence, etc.
THE LAW 6.Right to a Trial by Jury – called a Petit Jury (6-12 people); decide if you are guilty or not 7.Right to an adequate defense – (6 th ) – right to be informed of charges, question witnesses, call or subpoena witnesses, and right to counsel (lawyer). 8.Right to reasonable bail – (8 th ) – money pledged by the accused to insure that they will appear in court on their trial date (money returned if person shows up).
THE LAW 5 Responsibilities of all Americans in the US legal system: 1.Must serve on juries 2.Must testify in court 3.Must obey the law 4.Must cooperate with law enforcement officers 5.Must work to end unfair and ineffective laws
THE LAW 5 Types of Laws (examples) in the US Legal System 1.Criminal Law – cases in which people are accused of committing crimes that harm other people or property Examples – murder, larceny, rape, assault, DWI 2.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) 3.Constitutional Law – example – if a person sues over excessive bail (8 th amendment issue)
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.
THE LAW Results of Civil Cases: 1.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 2.Punitive Damages – money awarded to the plaintiff as punishment for the defendant, for their action or damage. Usually more valuable than actual damages.
THE LAW Crimes 1.Crimes against people (murder, rape, etc.) 2.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.
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.
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
7 Steps of a Civil Case 1.Lawsuit is planned 2.Plaintiff hires an attorney to file lawsuit (State will not supply you with an attorney in a civil case!) 3.Plaintiff’s attorney will prepare a complaint (formal notice) 4.Court sends defendant a summons (order to appear in court) 5.Defendant gets a lawyer and files a response (defendant can file a counter suit if necessary) 6.Attorneys met and exchange pleadings – parties will determine at this point if court is necessary 7.If not settled, the case goes to court.