Unit 2: The Court System Kinds of Laws Law Education Mr. Chad Fetscher Randall T. Shepard Academy for Law and Social Justice

Objectives: After this lesson you will be able to: Explain the differences between civil and criminal law. Explain burden of proof and how it applies differently in civil and criminal cases. Identify the aspects of life controlled by civil law.

Why Do I Need To Know This? Because there are differences between criminal and civil laws. Because as a citizen it is imperative that you know your rights and responsibilities under the law. Because you can be found not guilty of a crime and still have to pay damages.

Vocabulary Burden of Proof Felony Criminal Law Civil Law Prosecutor Defendant Public Defender Plaintiff Reasonable Doubt Perponderence of Evidence

Criminal Laws Laws that involve the government telling people what they may and may not do. Criminals laws are always brought by the government that is represented by the District Attorneys who are PROSECUTORS. Process most often begins with police arresting someone.

The accused person during a trial is called the DEFENDANT. If the accused cannot afford an attorney s/he will be assigned a PUBLIC DEFENDER to represent them during the trial.

Civil Law Laws passed by the government to regulate behavior, contact, and contracts between people, businesses, and groups. Civil Laws result in lawsuits brought by one person or group against another person or group. The person bringing/ filing a civil lawsuit (or action) is called the PLAINTIFF. The person responding to the civil lawsuit is called the DEFENDANT.

Civil Laws Regulate

Criminal Laws vs. Civil Laws You HAVE the right to a jury for a FELONY. You do NOT have the right to a jury. The gov’t. WILL provide a lawyer if you cannot afford one. The gov’t. will NOT provide you a lawyer if you cannot afford one. The case is brought by a PROSECUTOR. The case is brought by a PLAINTIFF. The prosecutor must prove the case to the jury BEYOND A REASONABLE DOUBT. The plaintiff must prove their case by a PREPONDERNCE OF THE EVIDENCE.

Burden of Proof: Criminal Law Criminal Trials require the burden of proof to be on the government. The prosecutor must prove the case BEYOND A REASONABLE DOUBT. Jurors must feel that the person accused of the crime is 99.99999% likely to have committed the crime. While a juror may have a doubt, it must be reasonable. (Aliens, Magic, Supernatural Abilities, etc. are not reasonable)

“It is better that ten guilty men go free than one innocent man to be wrongly convicted. –William Blackstone (Ben Franklin set it at 100)

Burden of Proof: Civil Law Civil Cases require a lower standard of proof called a PREPONDERANCE OF THE EVIDENCE. In order to win the lawsuit, the plaintiff must prove that it is more likely than not that the defendant injured him/her. The plaintiff must prove it to be 50.1% If the defendant does not show up to defend the lawsuit and the plaintiff does, the plaintiff will win on default. * There are a few civil cases that require an increased standard of proof in which clear and convincing evidence is needed.

Burden of Proof- Combined Many criminal violations may also result in civil lawsuits. So it is possible to have a civil and criminal trial. If the prosecutor fails to prove his/her case beyond a reasonable doubt in the criminal trial the jury should NOT convict the defendant. If the plaintiff uses the same evidence and proves his/her case by a preponderance of the evidence then the judge/jury in the civil case SHOULD make the defendant pay money.

O.J. Simpson Found not guilty on the 1994 charge of murdering his ex-wife Nicole Brown Simpson and her friend Ronald Goldman in his criminal case. Jury finds him liable in 1997 for the wrongful deaths of Brown-Simpson and Goldman. Ordered to pay $33.5 million in compensatory and punitive damages to the Goldman family and to the children of his ex-wife.