1. Chapter 2.2: Civil & Criminal Trials
Trial Procedures
Chapter 2.2: Civil & Criminal Trials

2. 2 Forms of Trial Procedure
Civil & Criminal Trials begin differently
CIVIL
Individuals who believe they have been injured initiate civil cases.
CRIMINAL
The Gov’t. brings criminal cases for offenses committed against the public at large.

3. Civil Trial Procedure Happens 1 of 2 ways: Head to Trial OR
Alternative Dispute Resolution
An alternative to lawsuits where parties try to resolve disagreements outside of the court system
Usually quicker and less expensive

4. Alternative Dispute Resolution
2 Forms:
Reactive Methods - used after dispute has arisen
Mediation - when parties invite a 3rd party to find solution
Arbitration - when parties transfer the power to settle dispute to 3rd party
Private Civil Trial - parties hold trial at a time and place of their choosing
Proactive Methods - used before a dispute arises
Partnering - when parties to an involved contract agree to meet to get to know one another in advance
Negotiated Rule Making - when an agency about to create a new rule or revise rules meets with parties who will be affected

5. Steps In A Jury Trial If Alternative Dispute Resolution is not used
1) Pleading - formal papers filed with the court by both sides (plaintiff and defendant)
Pleadings outline the complaint - allegations or claim on behalf of the plaintiff
Answer - the response to allegations by the defendant
Then the Lawyer for injured party investigates
Depositions, interrogations, requests for documents, examinations, etc.
If case can not be settled at this point it it placed on the court docket (calendar) for trial.

6. Steps In A Jury Trial
2) Pretrial hearing - informal meeting before a judge to discuss key points
3) Jury selection - drawn from pool of citizens
4) Opening statements - presented by each side
Explains what they intend to prove
Plaintiff attorney goes first followed by defendant’s lawyer

7. Steps In A Jury Trial 5) Witness/Evidence Presented
Documents, physical evidence, witnesses, affidavits
Plaintiff begins. Defense cross examines and when plaintiff rests, presents their own evidence. Repeat.
6) Closing Arguments - summary of evidence & suggestion to judge/jury why they should find favor for their client.

8. Steps In A Jury Trial
 Instructions to jury - judge explains law to jury. Lawyers can add suggestions.
7) Jury’s Verdict - Jury leaves court to deliberate (discuss) their verdict (decision)
Judgment - the court’s decision in the case

9. Civil Trial cont.
Remedies - Something given to the plaintiff from the defendant
2 forms:
Payment of damages OR equitable remedy
Payment of damages - financial payment
Equitable remedy:
Specific performance - requirement for defendant to do what was promised in a contract
Injunction - order to stop defendant from performing an action

10. Criminal Trial Procedure
Step 1: Arrest of Defendant
Arrest: occurs when a person is deprived of their freedom.
Arrest at any time with a warrant.
Can also search and take property with warrant.
Arrest without a warrant if officer believes person has been/is committing a felony.
Person can be searched without a warrant after arrest.
Limited search allowed without a warrant. Full search with.
Must be read Miranda Rights (Miranda vs AZ)
Bail - money or other property left with the court to assure a person will return to trial.

11. Criminal Trial Procedure cont.
Step 2: Arraignment
Suspect is brought before court after arrest
Grand jury may be used to determine if there is enough evidence to justify accusing someone of a crime
Indictment - written accusation charging the individual
Arraignment - when suspect is read indictment and asked to plead guilty or not guilty
Guilty - judge can give sentence
Not Guilty - case proceeds to trial

13. Criminal Trial cont. Step 3: Trial Step 4: Sentencing
Tried before a judge or jury, if defendant asks for jury trial
Proceeds just like civil trial
Jury verdict must be unanimous - either guilty beyond a reasonable doubt or not guilty.
Step 4: Sentencing
Fines
Imprisonment
Death Penalty