1. ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ APK: Activation of Prior Knowledge Write at least 2-3 sentences describing a time when… you saw someone do something you knew was wrong and thought he/she should be punished [describe what you think about the amount of punishment compared to the act of wrongdoing] Question of the Day What is the purpose of the criminal justice system [describe the process]?

2. The Legal Process Know what your rights include Michael Quinones, NBCT www.socialstudiesguy.com

3. What is the law?  Our government has created rules and regulations to maintain order  These are called laws [ proposed, debated and passed by legislatures ]  There are different types of laws  The two main types are Criminal and Civil

4. Key Vocabulary Terms Describe and explain the following terms in your own words: Criminal Law Criminal Law Burden of proof prosecution Burden of proof prosecution crime grand jury crime grand jury felony bail felony bail misdemeanor defendant misdemeanor defendant perjury reasonable doubt perjury reasonable doubt indictment arraignment indictment arraignment verdict sentence verdict sentence acquittal conviction acquittal conviction trial plaintiff trial plaintiff testify plea bargain testify plea bargain subpoena Petit jury subpoena Petit jury

5. Criminal Cases  Plaintiff- side bringing/pressing charges or accusing. side bringing/pressing charges or accusing.  In a criminal case the plaintiff is called the District Attorney  He/she is elected by the people of the city or town to prosecute for crimes people are accused of.  A district attorney is often also called a prosecutor.  The job and goal of a prosecutor is to use evidence to convince a jury someone is guilty of a crime.

6. Criminal Cases  When a criminal law is violated or “broken” –a crime has been committed.  Examples?  Theft, rape, assault and murder  What happens next?  An arrest is carried out by police.  “Criminal” is processed by law enforcement (fingerprinted, “mug shot” and record check). “mug shot” “mug shot” Billionaire scam artist Bernie Madoff

7. Two types of Crimes  Crimes are split into two categories.  Felonies and Misdemeanors  Felonies are highly serious crimes and receive the severest punishments [murder, rape].  Misdemeanors are less serious crimes and do not receive harsh punishments [illegal dumping, petty theft].  When can a person receive a harsh punishment for misdemeanors?  When someone is a repeat violator.

8. Criminal Cases  Arraignment: hearing before a judge where the defendant enters a plea of guilty or not guilty.  Bail [collateral for pre-trial release] is also set at this hearing.  Based on your crime an amount of money can free you from jail until your next court appearance.  Accused must then go before a grand jury who decides whether evidence exists to proceed to trial by issuing an indictment.  Grand juries are groups of 11-23 people who decide whether there is enough evidence to support a criminal charge.  Trial date is also set during arraignment.

9. Criminal Cases  Most criminal cases never make it to trial  Why?  Usually the evidence against a defendant is overwhelming but sometimes not  Both sides often negotiate an end to the case [plea bargain] to avoid a trial  Benefit to defendant?  Avoid a guilty verdict and harsh sentence [sometimes by “snitching” on others]  Benefit to Prosecution?  Avoid a possible acquittal and guarantee at least some jail time  May obtain information against other criminals  This process is called a plea bargain because both sides are bargaining to get something

10. Criminal Cases  Something you should not do  A crime which can compound a criminal case is perjury  You must always tell the truth when in court  You usually swear/affirm an oath [sometimes on the Bible]  Lying in court to impede justice is called perjury [a felony] and can result in prosecution.  A famous recent case of perjury involved Lil’ Kim.

11. Criminal Cases  Trial: presentation of evidence toward defendant’s guilt jury considers both sides.  Defense may present a case to disprove or refute the prosecution’s case.  To provide evidence to the jury the District Attorney or Defense lawyer can subpoena [order to appear in court] witness to testify [tell what he knows] in court subpoena  Based on the evidence presented and law applicable to charges a verdict is rendered (decided) by a petit jury or judge.  In order for a jury to find someone guilty the accused must be found guilty beyond a reasonable doubt [jurors have to be 100% convinced]  The prosecution must meet this burden of proof [obligation/responsibility to prove allegations]

12. What is a petit jury?  Petit means small.  Most often this group of people is simply called a jury.  This group of people is composed of 12 citizens who are randomly picked by their city, town, state or the federal government to hear evidence against an accused person at a criminal trial. When called these citizens must show up for jury duty or they can be fined or imprisoned.  The 7 th Amendment guarantees the right of all U.S. citizens to a public jury trial of his or her peers. This is meant to ensure justice (fairness). People have the right to waive this right and have a bench trial (the judge will decide guilt).  After hearing evidence from both the plaintiff (district attorney) and the defense the petit jury decides if they accused in guilty or not guilty.

13. Possible outcome of Criminal Cases  Verdicts of not guilty called an acquittal (cancelling) of criminal charges.  Verdicts of guilty called convictions (affirmation) of criminal charges.  Convictions result in sentences which can include probation, imprisonment or fines.

14. Other possible outcomes of a trial: What do you notice about the petit jury below? Other possible outcomes of a trial: What do you notice about the petit jury below?  Hung jury- When a petit jury is “hung” over whether to convict or acquit. They cannot reach a unanimous verdict.  Mistrial- Judge declares this when the petit jury is unable to reach a unanimous verdict. The prosecutor can re-file charges and try the case again.  Verdict set aside -Judge can decide to nullify [cancel] the verdict if he believes it is obviously or outrageously incorrect based on the testimony and evidence.

15. How it looks

16. Content Frame-Copy and complete the paragraph below A ________ is committed when a criminal law is “broken.” The two categories of criminal violations include _______ and ______. An _________ occurs when a grand jury agrees there is sufficient evidence (proof) to proceed to trial. ______ make decisions called __________ after listening to testimony at a ______. Decisions of “not guilty” are officially called _______ and those of “guilty” are called _________. The two adversaries at a trial are called the __________ and the __________. The purpose of _________ is to ensure an accused’s return to court. The purpose of a subpoena is to _______________________________________________ ____________. The government official responsible for proving defendants guilty is called the ____________ or ___________.

17. ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ APK: Activation of Prior Knowledge Write at least 2-3 sentences describing a time when… your personal property was damaged by someone else and you wanted him or her to pay for it [explain the situation and what happened in the end] Question of the Day How does civil law [tort law] protect people?

18. Key Vocabulary Terms Describe and explain the following terms in your own words: Civil Law Civil Law damages settlement damages settlement lawsuit award lawsuit award complaint default complaint default summons discovery summons discovery Preponderance of evidence Preponderance of evidence

19. Civil Cases  The “accused” or “defendant” to the lawsuit shortly after receives a summons.  The defendant must then respond or risk defaulting judgment and be forced to pay damages.  The plaintiff must share all evidence it has with defense to ensure justice which is known as discovery.

20. Civil Cases  Someone suffers a loss of property, life or a personal rights and seeks damages (money).  The complainant, accuser or plaintiff files a lawsuit.  Who ever is being sued is the defendant. The defendant tries to disprove or avoid losing the lawsuit so he/she is not forced to pay damages.  In the United States dog bites constitute the largest share of all lawsuits.  Usually for large damages a lawyer is hired to file a complaint [application for the lawsuit] in the proper court.

22. When someone is sued a court sends a summons to the defendant so he/she is notified to come to court. Sheriffs usually deliver them in person or by U.S. Mail.

23. Civil Cases  If after discovery no agreement or acceptable settlement can be reached a trial then ensues.  A jury hears evidence, renders a verdict and a judgment specifying damages called an award.  There is also a burden of proof in civil cases.  Not as strict as in criminal cases: The claimant, or person suing, must only have a preponderance of evidence to support their lawsuit to win. Based on the burden of proof in civil cases explain why Johnny and his parents should or should not be found responsible for the broken window [At least 5 sentences].

24. How it looks

25. You decide the case! 1. Watch the case presented in Judge Judy’s court room. [Listen carefully to the facts of the case] 2. Consider both sides’ [Plaintiff and Defendant] arguments. 3. Decide whether Judge Judy ruled correctly based on the evidence 4. Write at least one paragraph explaining: How would you have ruled if you were the judge? Make sure you explain why you made your decision using specific examples from the case! Be specific  The Case The Case The Case

26. Content Frame-Copy and complete the paragraph below When someone’s personal property or civil rights is violated _________ law has been broken. Plaintiffs may file a ________ to begin a _________ to recover ____________against a defendant. The purpose of a summons is _____________________________. A person can default on a lawsuit by ______________________________________. In civil cases the most frequent outcome, which is similar to a plea bargain is called a ____________. The goal of all plaintiffs in civil cases is to win an _______.

27. Sources  http://www.honolulu.gov/prosecuting/flowchart_misdemeanor250.gif http://www.honolulu.gov/prosecuting/flowchart_misdemeanor250.gif  http://a.abcnews.com/images/US/ap_simpson8_070917_ms.jpg http://a.abcnews.com/images/US/ap_simpson8_070917_ms.jpg  http://www.smith-county.com/Environment/images/Dumpster.jpg http://www.smith-county.com/Environment/images/Dumpster.jpg  http://www.cartoonstock.com/newscartoons/cartoonists/mba/lowres/ mban45l.jpg  http://www.decaturdaily.com/decaturdaily/current/060308/kim.shtml http://www.decaturdaily.com/decaturdaily/current/060308/kim.shtml  http://www.caglecartoons.com/images/preview/%7B2A6E60F7- 26C3-4240-8FF4-2D08B09385DD%7D.gif http://www.caglecartoons.com/images/preview/%7B2A6E60F7- 26C3-4240-8FF4-2D08B09385DD%7D.gif http://www.caglecartoons.com/images/preview/%7B2A6E60F7- 26C3-4240-8FF4-2D08B09385DD%7D.gif  http://ccc.byu.edu/prelaw/law.jpg http://ccc.byu.edu/prelaw/law.jpg  http://z.about.com/d/cameras/1/0/n/2/LittleBoyBl ue.jpg http://z.about.com/d/cameras/1/0/n/2/LittleBoyBl ue.jpg http://z.about.com/d/cameras/1/0/n/2/LittleBoyBl ue.jpg  http://www.soimmature.com/images/shatter_rock.gif http://www.soimmature.com/images/shatter_rock.gif  http://www.soimmature.com/images/shatter_rock.gif http://www.soimmature.com/images/shatter_rock.gif  http://www.aaxnet.com/images/billg.jpg