Chapter 16

Let’s Play a Game Name That Crime!

Section 1: Civil Cases Types of Civil Lawsuits What Happens in a Civil Case

Types of Civil Lawsuits Plaintiff/Defendant Kinds of Civil Suits –Property Disputes –Breach of Contract –Family Matters –Negligence Suits –Personal Injury

Suits in Equity Equity – A system of rules by which disputes are resolved on the grounds of fairness where no law exists. Often Equity Suits are brought to stop a potential damaging action from taking place. An Injunction can be issued by a judge to stop an action from happening.

Steps in a Civil Trial 1. Hire a lawyer who files a complaint. 2. Judge issues a summons to defendant 3. Defendant can issue a response to summons 4. Summons and response together are called the pleadings 5. Lawyers check facts of case and question witnesses, this is the discovery phase. 6. Pre-trial discussions, judge may ask both sides to mediate dispute 7. The trial. Civil case has less burden of proof than a criminal trial. 8. Appeals. If the judge makes a mistake or injustice happens.

Section 2: Criminal Cases Types of Cases What Happens in a Criminal Case

Types of Criminal Cases Penal Code –Each state has a code that spells out the crimes of the state and the punishments for each. –Establish classifications, or levels of seriousness for crimes –Ex – 1 st Degree Murder, 2 nd Degree Murder

Types of Criminal Cases (cont) Penalties for Crimes –Reasons for Penalties Punishment for a crime against society Protects society Deterrent to others Allows criminals to re-enter society Parole System v. Mandatory Sentencing –Let them out early, or keep them in too long?

Steps in a Criminal Case 1.Arrest Remember Miranda v. Arizona. 2. Preliminary Hearing. Remember Writ of Habeas Corpus 3. Indictment Being formally charged with the crime 4. Arraignment Defendant is read the charges and asked to plea. 5. The Trial Witnesses and evidence is offered to prove guilt/innocence. 6. Verdict Acquittal= NG Hung Jury = Mistrial. Guilty = Sentencing

Section 3: Young People in Courts

Juvenile Delinquency Juvenile – Each state is different, but most say children under 18 yrs. Juvenile Delinquents – Young people who commit crimes. Juvenile Courts –Set up in the 1800’s –Then, kids over 14 were treated as adults –They received same sentences as adults –Different now

Juvenile Courts Handle Two types of cases. Neglect –When kids are abused or neglected by their caregivers –Court has power to remove them from home. Delinquency –Involves kids who commit crimes. –Also handle cases of illegal activity for kids but not adults. Running Away From Home Skipping School Violating Curfew Laws

Juvenile Trials Similar to adult trials Differences –No jury trial, just a judge. –No public record of the trial (protect ID of kid) –No fingerprints or pictures when arrested –If guilty, another trial to determine what to do with kid.

Are Kids Innocent?? Milwaukee's Child Criminals Milwaukee received another black eye when an 11-year old was arrested for raping a 79-year old woman. The punk kid, along with a 12- and 13-year old were "terrorizing" the woman for days. Add this to the list of horrific juvenile crimes in the city in the past few years. Most infamous is the mob beating of Charlie Young in 2002.mob beating of Charlie Young "Boy, 11, Charged With Rape of Woman, 76"Rape

Are Kids Innocent??

Children Behind Bars by Christopher Kellerman 12/1/98 Should child criminals be tried in courts of law as adults? A twelve-year-old Michigan boy, Nathaniel Abraham, will soon become the youngest child ever to be tried as an adult for murder in the United States. Each year there are over 750,000 delinquency cases that go before judges in the United States. Tens of thousands of these children are tried as adults. Out of the few countries whose laws provide for execution for crimes that people commit as children, the United States has carried out more of these executions than any of the others. In the past ten years, juvenile cases that have been referred to adult courts have increased more than 70%. (White)