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Do Now pg. 58 1. What are the steps in a civil court case? 2. Name 3 major differences between criminal and civil cases.

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Presentation on theme: "Do Now pg. 58 1. What are the steps in a civil court case? 2. Name 3 major differences between criminal and civil cases."— Presentation transcript:

1 Do Now pg. 58 1. What are the steps in a civil court case? 2. Name 3 major differences between criminal and civil cases.

2 Criminal Procedure Crime through Sentencing: Felonies ~Obviously, a crime has to have been committed

3 Arrest “Physical seizure of a person by the government” “Physical seizure of a person by the government” Warrant not necessarily needed; probable cause needed Warrant not necessarily needed; probable cause needed Booking—Fingerprints, Identification, Mug Shots, “One phone call” Booking—Fingerprints, Identification, Mug Shots, “One phone call” Detention Detention – If minor crime, may be released under recognizance or immediately post bail – If minor crime, may be released under recognizance or immediately post bail – If serious crime, held over until initial appearance – If serious crime, held over until initial appearance

4 Criminal Complaint Prosecutor files complaint before a magistrate if the prosecutor thinks that there is enough evidence to support the cause. Prosecutor files complaint before a magistrate if the prosecutor thinks that there is enough evidence to support the cause. This is the first document filed with the court. This is the first document filed with the court. Lays out charge(s), provides some evidence for them. Lays out charge(s), provides some evidence for them.

5 Initial Appearance Usually within 24 hours, the arrestee is brought before a judge. Usually within 24 hours, the arrestee is brought before a judge. Judge makes sure that the person being detained is the person charged in the complaint. Judge makes sure that the person being detained is the person charged in the complaint. Defendant is informed of his/her rights, including understanding the charge, right to counsel, and right to bail. Defendant is informed of his/her rights, including understanding the charge, right to counsel, and right to bail. Bail may be set Bail may be set Bail may not be punitive or excessive Bail may not be punitive or excessive Preliminary hearing scheduled Preliminary hearing scheduled

6 Preliminary Hearing Purpose is to establish that probable cause exists Purpose is to establish that probable cause exists Similar to a trial; witnesses, evidence,but judge makes determination, not jury Similar to a trial; witnesses, evidence,but judge makes determination, not jury If no probable cause, defendant is freed If no probable cause, defendant is freed

7 Grand Jury Alternative to preliminary hearing Alternative to preliminary hearing Decision between Grand Jury and preliminary hearing depends on jurisdiction Decision between Grand Jury and preliminary hearing depends on jurisdiction Grand juries listen to evidence only from prosecution, then issue a true bill if the majority believe probable cause exists. Grand juries listen to evidence only from prosecution, then issue a true bill if the majority believe probable cause exists. Prosecutors can get grand juries to “indict a ham sandwich” Prosecutors can get grand juries to “indict a ham sandwich”

8 Plea Bargaining Throughout process, prosecution and defense counsel usually negotiate a plea arrangement Throughout process, prosecution and defense counsel usually negotiate a plea arrangement Typically, defendant pleads guilty to “a lesser offense” with a reduction in sentence Typically, defendant pleads guilty to “a lesser offense” with a reduction in sentence Vast majority of cases (somewhere around 85-95%) settled via plea bargains; most cases never get to courtroom. Vast majority of cases (somewhere around 85-95%) settled via plea bargains; most cases never get to courtroom.

9 Formal Charges If from preliminary hearing, an information is filed by prosecutor If from preliminary hearing, an information is filed by prosecutor If grand jury, an indictment is filed If grand jury, an indictment is filed Replaces the criminal complaint Replaces the criminal complaint

10 Arraignment Last appearance in court before trial Last appearance in court before trial Purpose: defendant makes plea : Purpose: defendant makes plea : - Guilty—Judge ensures that this is an informed, voluntary plea - Guilty—Judge ensures that this is an informed, voluntary plea – Not guilty – Not guilty – Nolo contendre—”I will not contest it” – Nolo contendre—”I will not contest it” Protects defendant in case of civil suits Protects defendant in case of civil suits If not guilty, trial date is set If not guilty, trial date is set

11 Pretrial Motions By defense: By defense: – Motion to dismiss – Motion to dismiss – Motion to exclude evidence – Motion to exclude evidence – Motion of change of venue – Motion of change of venue Others: Others: – Motion for summary judgment – Motion for summary judgment Only when facts are stipulated Only when facts are stipulated

12 Jury Selection Jury panel: citizens summoned for jury duty Jury panel: citizens summoned for jury duty Often, potential jurors must complete a juror questionnaire Often, potential jurors must complete a juror questionnaire Potential jurors are also questioned under oath by judge and attorneys Potential jurors are also questioned under oath by judge and attorneys Can be dismissed for cause or via peremptory challenges Can be dismissed for cause or via peremptory challenges – Recently, use of peremptories has come underscrutiny – Recently, use of peremptories has come underscrutiny

13 Trial Proceedings Opening Statements Opening Statements Case for Plaintiff (Prosecution) Case for Plaintiff (Prosecution) – Burden of Proof : beyond a reasonable doubt – Burden of Proof : beyond a reasonable doubt – Direct, Cross-examination, Redirect examination, Recross-examination – Direct, Cross-examination, Redirect examination, Recross-examination Case for Defendant Case for Defendant Plaintiff’s rebuttal Plaintiff’s rebuttal – Can only respond to evidence presented in defendant’s case – Can only respond to evidence presented in defendant’s case Closing Arguments Closing Arguments

14 Trial Proceedings Jury Instructions Jury Instructions – Instructions on matters of law to the jury; how to decide case, explanation of burden of proof, how to evaluate evidence, role of juror, presumption of innocence, etc. – Instructions on matters of law to the jury; how to decide case, explanation of burden of proof, how to evaluate evidence, role of juror, presumption of innocence, etc. Do Not Copy– Example on witness testimony: “You are not bound to decide according to the testimony of a number of witnesses, which does not convince you, as against the testimony of a smaller number or other evidence, which is more convincing to you. Do Not Copy– Example on witness testimony: “You are not bound to decide according to the testimony of a number of witnesses, which does not convince you, as against the testimony of a smaller number or other evidence, which is more convincing to you. The testimony of one witness worthy of belief is sufficient to prove any fact…The test is not the number of witnesses, but the convincing form of the evidence.” The testimony of one witness worthy of belief is sufficient to prove any fact…The test is not the number of witnesses, but the convincing form of the evidence.”

15 Trial Proceedings Jury Deliberations Jury Deliberations – Often pretty quick – Often pretty quick – If deadlocked, judge may declare mistrial or tell the jury to, essentially, try harder – If deadlocked, judge may declare mistrial or tell the jury to, essentially, try harder Sentencing Sentencing – Judge decides sentence, unless capital case – Judge decides sentence, unless capital case – Often statues define “range” for sentence— – Often statues define “range” for sentence— Mandatory sentencing laws Mandatory sentencing laws – “Aggravating” and “Mitigating” factors – “Aggravating” and “Mitigating” factors

16 Post-trial Appeals – Convicted defendants have a right to one – Convicted defendants have a right to one appeal appeal – Must be a reversible error of law – Must be a reversible error of law – Generally, cannot appeal the sentence – Generally, cannot appeal the sentence – Few appeal, fewer are successful – Few appeal, fewer are successful – Concern for workload of (particularly federal) courts has led to limits on secondary appeals – Concern for workload of (particularly federal) courts has led to limits on secondary appeals


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