Courtroom Terms / Justice System Twelve Angry Men Courtroom Terms / Justice System

What are the two court systems in America? Civil Courts Deal with individual wrongs. For example, if somebody owes you money but fails to pay you, you can sue them in a civil court. There is no jail time awarded in civil courts.

Types of courts Cont. Criminal Courts These are crimes against society. For example, If someone steals your car he or she can be charged in a Criminal Court Jail time and death are awarded only in criminal courts.

What is “Burden of Proof?” This is the amount or level of proof necessary in order to convict someone of a crime. It is different depending on what court system you are in.

Burden of Proof for Civil Courts In a civil court, the burden of proof is … “More likely than not” If you believe that it is more likely than not that the person committed the crime, you are allowed to vote guilty and award the victim monetary damages.

Burden of Proof Criminal Courts The Burden of proof in a Criminal Court is… “Beyond a reasonable doubt” This is where you are almost absolutely sure the person committed the crime. This is a high standard because Jail and Death are possible punishments.

What are the two types of crimes? Misdemeanor A less serious crime punishable by less than a year in jail. Felony A more serious crime punishable by more than one year in Jail. Murder is a felony.

What are the types of murder charges? First Degree Murder This is when you are aware that you want to kill someone (malice) and you plan it out and execute it (aforethought). The penalty for this could be the death penalty.

Murder charges cont. Second Degree Murder This is known as a crime of passion. You kill someone but you didn’t plan it out. You did it out of sudden anger or rage. Manslaughter You never intended to kill anybody, but your carelessness ended up killing someone.

What are the types of trials? When charged with a crime, you have the choice of a Jury trial or a Bench trial. Most choose a Jury trial

What is a Jury Trial A jury trial is where 6 to 12 of your peers listen to the evidence and decide innocence or guilt. What is a Bench trial? This is when the Judge solely decides innocence or guilt.

What are the different types of evidence? Physical Evidence This is direct evidence such as an eye witness who actually saw what happened. Circumstantial Evidence No witnesses; evidence that suggests that something is true. Most evidence is circumstantial.

Can you be convicted of a crime based solely on circumstantial evidence?

Yes! In some cases, circumstantial evidence is considered more powerful than eyewitness testimony.

Courtroom Terms Plaintiff – The accuser Defendant – one who is being charged with a crime Bailiff – The judges assistant Arraignment – When you are brought into court for the first time and are formally charged with a crime.

Terms cont. Pre-trial hearing – this is when the Plaintiff presents all the evidence against the defendant. The judge decides if there is enough evidence to go to trial. Subpoena – An order, by the Judge, to appear in court. Opening Statement – an explanation to the court as to what you believe your evidence will prove.

Terms cont. Testimony – what witnesses say when asked questions in the courtroom under oath. Direct examination – Opportunity to ask questions of your own witnesses. Cross examination – Opportunity to ask questions of each other’s witnesses.

Terms cont. Verdict – The guilty or not guilty decision after all the evidence has been presented. It is the jury’s ultimate decision. Sentence – Punishment if you are found guilty of the charges. Pre-meditated – Pre-planned Unanimous – Everyone is in agreement

Final Written Response In the play “Twelve Angry Men” a young boy is acquitted of murdering his father. Do you think justice was served or did this kid just get away with murder? Discuss your feeling about the verdict and use evidence from the play to support your opinion.