Goal 5.03 Describe the adversarial nature of the judicial process. 1

PLAINTIFF – Person who brings a legal charge or lawsuit DEFENDANT – Person defending him- or herself in a court of law PROSECUTOR – Person who makes the case against the defendant in a legal proceeding DEFENSE ATTORNEY – Represents the defendant PUBLIC DEFENDOR – Free lawyer provided by the state 2

Difference between civil and criminal cases?? 3

Basic Steps in the Court Procedure in CIVIL CASES 1. Plaintiff hires an attorney who files a complaint (accusation of wrongdoing). 2. Court sends the defendant a summons (notice to appear in court). 3. Discovery: Defendant’s attorney files a written answer. Attorneys exchange pleadings. 4. Attorneys present sides of the case and await a decision. 4

Court Proceedings in CRIMINAL CASES 1. ARREST Police arrest and book suspect 5

2. PRELIMINARY HEARING Purpose: to find if there is enough evidence or probable cause for someone to be charged with a crime - Suspect appears before judge - Bail is set Issue of law: laws that apply to the facts of a legal case Issue of fact: facts that are part of a legal case Case goes to trial is evidence is persuasive Case dropped if facts found to be untrue 6

Grand jury hears evidence against suspect Possible decisions: 3. INDICTMENT Grand jury hears evidence against suspect Possible decisions: Indictment (formally charge) Dismiss if not enough evidence for trial 7

Not guilty = Trial date is set Guilty = Sentencing 4. ARRAIGNMENT A hearing where the suspect pleads guilty or innocent to the charges. Not guilty = Trial date is set Guilty = Sentencing = Plea bargain: pleading guilty to a lesser charge 8

Prosecution and Defense present cases to judge or jury 5. TRIAL Prosecution and Defense present cases to judge or jury - Subpoena = document requiring a person to appear in court - Testimony= statements witnesses make under oath - Cross-Examination= questions from opposing side in an attempt to cast doubt on the truth or reliability of the witness’ testimony - Perjury= telling lies under oath 9

Jury thinks/discusses case and reaches a verdict 6. DELIBERATION Jury thinks/discusses case and reaches a verdict Vote (most states require unanimous vote) - AQUITTAL - not guilty, prosecution has not proven case - SENTENCING – guilty, judge determines sentence - MISTRIAL – hung jury; jury can’t agree on verdict; prosecution decides whether to drop charges or ask for retrial 10