Tuesday, October 14th, 2014 Do Now: Under Day #1 What does criminal law seek to do? What does civil law seek to do? What do you believe is the first step in a civil case? Objective: Students will be able to identify the steps in civil trial procedure.

Civil Trial Procedure ADR (Alternative Dispute Resolution) Pleadings Pretrial Hearing Steps in a Jury Trial Remedies Execution of Judgment

1: ADR Avoid going to trial!!! Methods include: Mediation Arbitration Summary by Jury Trial ENE Negotiated Rule Making Settlement Week Science Court

2: Pleadings Formal papers filed with the court by the plaintiff and defendant Complaint: made by plaintiff Answer: defendant’s response to allegations

3: Pretrial Hearing Informal meeting with the judge Intended to simplify issues and determine if the case might be disposed of

4: Steps in a Jury Trial Selecting the Jury Opening Statements Introduction of evidence Closing Arguments Instructions to the jury Verdict and Judgment

Selecting the Jury Drawn from a pool of citizens who have been called Lawyers question citizens to see if they will be fair or prejudice

Opening Statements Attorney’s from each side explain what they are going to prove

Introduction of Evidence Plaintiff’s attorney presents: Documentary items, ie: contracts Physical Objects, weapons Witness testimony Defense attorney cross-examines witnesses and then presents evidence favorable to defense

Closing Arguments Each attorney summarizes the evidence and suggests reasons to find in favor of their respective client

Instructions to the Jury Judge explains the law to the jury

Verdict and Judgment Verdict: the decision of the jury Judgment: the court’s determination or decision in the case

5. Remedies The payment of damages or Equitable remedy… What is fair and just according to the court? Specific Performance: plaintiff does what the defendant promised in a contract Injunction: and order by the court to stop the defendant from performing an action

6: Execution of Judgment

Wednesday, October 15th, 2014 Do Now: How do you think a criminal trial begins? Objective: Students will understand the steps in a criminal trial.

Criminal Trial Procedure Arrest of the defendant The arraignment The trial Sentencing

Arrest of the Defendant Arrest occurs when a person is deprived of his or her freedom Arrested people must be informed for their constitutional rights. Aka Miranda Rights.

Rights of the Defendant To be told what crimes they are being arrested for The names of the police officers making the arrest To make a telephone call To possibly be released on bail: money or property left with the court to assure the person will return to trial To remain silent To talk to an attorney To have a fair trial To be presumed innocent until proven guilty

The Arraignment If members of a grand jury decide a crime has been committed, they issue an indictment Indictment: a written accusation charging the individual Arraignment: the indictment is read to the suspect and the suspect pleads guilty or not guilty

The Trial Jurors are selected Attorneys make opening statements, introduce evidence Attorneys make closing statements Jury receives instructions, announces decision If guilty, judge imposes sentence

The Trial Defendant does not have to request a jury trial. If no trial, judge hears case and decides verdict.

Sentencing After conviction, defendant is sentenced by the court: Fines Imprisonment The death penalty

Disposition of Juvenile Cases Juvenile Court Each case and circumstances considered individually Detention Hearing: Learn whether good reasons exist to keep accused in custody. Investigation into the minor’s background and home life Judge might dismiss for special circumstances If charges not dismissed, judge conducts hearing of the case by the court

Disposition of Juvenile Cases To settle juvenile cases, the judge may: Allow the offender to return home on probation Place the offender in an agency or foster home Commit the offender to a training or reform school.