T RIAL PROCEDURES Chapter 2.2

C RIMINAL TRIAL PROCEDURES Step 1 – arrest of the defendant An arrest occurs when a person is deprived of his or her freedom Police officer can make an arrest at any time with a warrant Police may arrest someone without a warrant IF they believe the person has committed a felony or if the person has committed a misdemeanor involving a breach of peace in the officer’s presence

A RREST OF THE D EFENDANT ‘Rights of the defendant’ Miranda rights (Miranda v. Arizona) Right to a phone call Sometimes can be released on bail Search and Seizure Police may conduct a search if permission is granted or warrant is obtained Must be limited to the area mentioned in warrant Persons who are arrested may be searched without a warrant Police may seize items in plain view without a warrant – ‘plain view exception’ Students can be searched by school officials without a warrant – must have reasonable grounds

T HE ARRAIGNMENT Suspect is brought before the court as soon as possible after arrest Prosecution either prepares an information or presents case to a grand jury Grand jury conducts secret preliminary hearing to determine if someone must stand trial Grand jury hears evidence and testimony from witnesses An indictment is issued if grand jury finds a crime has been committed The accused is then brought to court for an arraignment – pleads guilty or not guilty

T HE T RIAL Defendant can request a jury trial Selection of jurors Attorneys make opening statements Introduce evidence Trial ends with the attorney’s closing statements and instructions to the jury Criminal case with a jury The verdict MUST be unanimous—either guilty beyond a reasonable doubt, or not guilty If jury cannot agree, a mistrial is called and can be retried OTHERWISE, case is tried before the judge

S ENTENCING After a person has been convicted of a crime, they are sentenced by the court (judge) Fines Payment of money for committing a crime; generally a minor one Imprisonment Different from state to state Minimum or maximum time Sometimes good behavior allows earlier release The Death Penalty Differs from state to state Currently 35 states still use the death penalty

D ISPOSITION OF JUVENILE CASES Each case is considered individually First step, the judge holds a detention hearing to learn whether there are good reasons to keep the accused in custody The court’s probation department conducts research into personal life of a juvenile In some cases, if found guilty, parents of the accused are responsible for repayment of victim if it applies Release, probation, or limited confinement

T HE C IVIL T RIAL P ROCEDURE Chapter 2.2

C IVIL TRIAL PROCEDURE Criminal and Civil trials begin differently Criminal Trial – government brings charges against crimes committed against the public at large Civil Trial – people who believe they have been injured and want to file suit Civil suite can be expensive!

A LTERNATIVE DISPUTE RESOLUTION (ADR) is an increasingly popular process that occurs when parties try to resolve disagreements outside of court Classified in 2 ways: Reactive methods - dispute arise, a 3 rd party is invited to mediate Proactive methods – these methods are discussed before a dispute arises (parties to a contract agree to meet to get to know one another) (See page 35 in your text)

PLEADINGS Civil trial begins with pleadings, the formal papers filed with the court by the plaintiff and defendant Plaintiff’s complaint (figure 2.3) The defendants response is called the answer (figure 2.4) ‘Methods of discovery’ bring facts out before trial Depositions Interrogatories Requests for documents Physical & mental examinations

S TEPS IN A JURY TRIAL 1. Selecting the jury 2. Opening statements 3. Introduction of evidence 4. Closing arguments 5. Instruction to the jury 6. Verdict and judgment

C IVIL J URY T RIAL Selecting a jury the judge calls the court to order and has a jury drawn from a pool of citizens Jurors are questioned by lawyers Lawyer consider juror’s background, education, experience, relationships, attitudes, and employment Opening Statements Attorneys for each side make opening statements explaining what they intend to prove Plaintiff goes first

C IVIL J URY T RIAL Introduction of Evidence Plaintiff’s attorney presents all of the plaintiff’s evidence The defense attorney has the chance to cross-examine the plaintiff’s witnesses When all evidence has been presented, they rest their cases Closing Arguments Plaintiff’s attorney is the first to present Then the defense attorney Each summarizes the evidence and suggests reasons why the jury should find in favor of their client

C IVIL J URY T RIAL Instructions to the Jury Judge must explain the law to the jury called ‘jury instruction’ Attorneys from both sides may suggest instructions Verdict and Judgment Jurors go to the jury room to deliberate upon their verdict, or decision Following the jury’s verdict, the court issues a judgment

REMEDIES When a defendant is found liable in a civil trial, the plaintiff is entitled to a remedy American courts generally provide 2 categories: 1. Payment of damages 2. An equitable remedy Specific performance – defendant has to do what was promised in a contract Injunction – an order to stop the defendant from performing the action

E XECUTION OF JUDGMENT After determining winning party and losing party, judgment of the court must be carried out Is enforced by the issuance of the court Could involve taking property, selling it or removing a person or property to anther location