Civil and Criminal Trials Includes- Conflict Resolution & The Steps of a Trial

What is the Purpose of Criminal Law? Criminal Law- To prevent people from deliberately harming one another or each other’s property

What is a crime?  Crime- an act that breaks a federal or state criminal law and causes harm to people or society  Penal Code- state’s written criminal laws, spell out the punishment that goes with each crime ─Federal Government has a penal code ─State Governments have a penal code  Crimes can occur against people, property or be victimless Major crime news stories as captured by GNA × 339Search by image Related images: View more Images may be subject to copyright.Send feedback

Parties in a Criminal Trial Prosecution- The party who starts the legal proceedings against another party for a violation of the law; The government is always the prosecution Defendant- person accused of the crime

Penalties for Crimes Punishments serve several purposes- – Make criminals pay for their crimes – Keep criminals off the streets – Deter people from committing crimes – Prepare lawbreakers to return to society

People in the Courtroom Bailiff- keeps order, swears in witnesses Jury- determines guilt or innocence of defendant Judge- presides over trial Court Reporter- makes a transcript of the trial Prosecuting attorney- Tries to prove the defendant is guilty Defense attorney- Represents the Defendant

Steps in a Criminal Trial 1. Arrest- Suspect is taken to police station and booked (charged with crime) – Suspects are fingerprinted and photographed. – Judge must issue an arrest warrant 2. Preliminary Hearing- Suspect appears in court and is told of the charges and the bail is set – must show judge there is probable cause 3. Indictment- Grand Jury hears the evidence and determines if there is enough to formally charge the person

Steps in a Criminal Trial continued… 4. Arraignment- Defendant gets the opportunity to plead guilty or not guilty and the trial date is set – Could accept a plea bargain here and the whole thing would be over 5. Trial- Attorneys for the prosecution and defense present their cases to the jury 6. Verdict – Acquitted- found not guilty – Hung Jury- the jury cannot make a decision; the judge declares a mistrial (prosecution can retry) – Found Guilty and Sentenced – People can appeal the verdict at a higher court

3 Strikes 3 strike rule- once a person has been charged with a felony for the third time, he or she will automatically be subject to a more severe punishment

What is Civil Law? Civil lawsuits may involve property disputes, a breach of contract, family matters, or personal injury – Torts- wrongful acts for which an injured party has a right to sue

How Can Civil Law Suits be Settled?

How Can Parties Try to Solve a Dispute Before Going to Court? Conflict Resolution Negotiation- resolving disputes by bargaining between parties to come upon an outcome that serves both parties Arbitration- 3 rd party listens to both sides then decides how to settle the disagreement; both sides agree before hand to follow what the arbitrator says

How Can Parties Try to Solve a Dispute Before Going to Court? Conflict Resolution Collaboration- resolution that requires different groups to bring expertise in various areas for a mutual goal Compromise- an agreement in which the parties involved get a variation from what they originally sought out to achieve

How Can Parties Try to Solve a Dispute Before Going to Court? Conflict Resolution Mediation- bringing in a 3 rd party who tries to help reach an agreement; Mediator tries to create a compromise

How Can Parties Try to Solve a Dispute Before Going to Court? Conflict Resolution Debate- a form of conflict resolution in which two parties take sides of an issue and argue using evidence in order to persuade their opponent Consensus- this is when a general agreement is made by all parties after careful consideration of the opinions of all members of the group

Most civil cases are settled before trial – trials are time consuming and expensive!

Steps in a Civil Trial 1.Complaint- Plaintiff hires a lawyer, who files a complaint- statement naming the plaintiff & defendant, describing the lawsuit 2.Summons- a document that announces that the defendant is being sued; sets a date and time for court 3.Answer- Defendant responds to the charges by filing an answer to the complaint

Steps in a Civil Trial continued… 4.Attorneys exchange pleading documents- Attorneys for both sides exchange pleadings documents and try to settle outside of court 5.The Trial 6.Verdict- Judge or Jury decides and if the plaintiff wins, the defendant is told how much they must pay

What happens during a court case? 1.Jury Selection- Both sides choose from a large pool of people; Each side can dismiss while choosing 2.Opening Statements- lawyers for each side outline the case they will present

Opening Statement

What happens during a court case? Continued… 3.Present Cases – Testimony- answers witnesses give under oath – Direct examination- lawyers for that particular witness direct them through their statement – Cross examination- lawyers for the other side ask questions designed to make the witness’s original testimony appear unreliable or untrue (usually yes/no)

What happens during a court case? Continued… 4. Closing Statements – Summarizes the case that was presented ILLUSTRATED COURTROOM: June 2013 illustratedcourtroom.blogspot.com1600 × 1166Search by image Mark Ryan giving closing statement to Judge Denise Cote Related images: View more Images may be subject to copyright.Send feedback

The Jury Jury decides guilty or not guilty – usually 12 people Judge decides the sentence

The Jury continued… Requirements in NC Must be 18 & NC citizen, resident of your county Understand English Not have served on jury within the past 2 years Not convicted of felony Physically and mentally competent Selection is made from list of registered voters & licensed drivers; If selected you serve the duration of the trial