The Courts What reporters need to know

Civil and criminal  Criminal law covers harms done against the people.  Examples: Murder, theft, reckless driving  Crimes are punishable by fines and/or incarceration  Civil law covers harms done against a person  Examples: Wrongful death; breach of contract; libel  They are punishable by payment to the injured party, called “damages”  Criminal law covers harms done against the people.  Examples: Murder, theft, reckless driving  Crimes are punishable by fines and/or incarceration  Civil law covers harms done against a person  Examples: Wrongful death; breach of contract; libel  They are punishable by payment to the injured party, called “damages”

Terminology  In a criminal trial, the person accused of (“charged with”, not “arrested for”) the crime is called a defendant.  In a civil trial, the person accused of doing the harm is the defendant; the person allegedly harmed is the plaintiff. The plaintiff “sues” the defendant.  The term “person” includes corporations, which have the legal status of persons under U.S. law.  In a criminal trial, the person accused of (“charged with”, not “arrested for”) the crime is called a defendant.  In a civil trial, the person accused of doing the harm is the defendant; the person allegedly harmed is the plaintiff. The plaintiff “sues” the defendant.  The term “person” includes corporations, which have the legal status of persons under U.S. law.

Guarantee of trial by jury  Michigan’s Constitution guarantees…  … Criminal defendants legal assistance and a speedy, public trial before an impartial jury.  Defendant may waive jury trial and be tried before a judge.  …. Parties to a civil suit a trial by jury if either party requests it.  Otherwise, civil suits are tried by a judge.  Michigan’s Constitution guarantees…  … Criminal defendants legal assistance and a speedy, public trial before an impartial jury.  Defendant may waive jury trial and be tried before a judge.  …. Parties to a civil suit a trial by jury if either party requests it.  Otherwise, civil suits are tried by a judge.

Role of the jury  The job of the jury is to  Hear the evidence  Determine the facts  Reach a verdict based on the facts after being instructed on the law by the judge.  The job of the jury is to  Hear the evidence  Determine the facts  Reach a verdict based on the facts after being instructed on the law by the judge.

Role of the judge  In a jury trial  See that a fair trial is held  Instruct the jury on the applicable law  In a non-jury trial  See that a fair trial is held  Determine the facts and the law  Reach a verdict  In case of a guilty verdict  Pass sentence  In a jury trial  See that a fair trial is held  Instruct the jury on the applicable law  In a non-jury trial  See that a fair trial is held  Determine the facts and the law  Reach a verdict  In case of a guilty verdict  Pass sentence

Role of attorneys  U.S. courts operate on the basis of an “adversarial system”  Defense  Provides the defendant every legal protection the law allows, including presumption of innocence.  Does its damndest to get an acquittal  Prosecution  Does its damndest, within the law, to get a conviction  U.S. courts operate on the basis of an “adversarial system”  Defense  Provides the defendant every legal protection the law allows, including presumption of innocence.  Does its damndest to get an acquittal  Prosecution  Does its damndest, within the law, to get a conviction

Michigan’s court system I  Trial Courts  District Court  Circuit Court  Probate Court  Hear evidence and reach verdicts in civil and criminal cases.  Trial Courts  District Court  Circuit Court  Probate Court  Hear evidence and reach verdicts in civil and criminal cases.

Michigan’s court system II  Appellate Courts  Court of Appeals  Supreme Court  Review trials (and rulings by lower appeals courts) for legal errors; they do not hear evidence  They can uphold or overturn a verdict, or “remand” it back to the trial court for a new trial.  Appellate Courts  Court of Appeals  Supreme Court  Review trials (and rulings by lower appeals courts) for legal errors; they do not hear evidence  They can uphold or overturn a verdict, or “remand” it back to the trial court for a new trial.

Circuit Court  Trial court with broadest powers  Tries civil cases >$25,000  Tries criminal cases >one year in prison (felonies).  Can carry out any function normally handled by district or probate courts.  Family Division  Divorce  Juvenile delinquency  Adoption etc.  Trial court with broadest powers  Tries civil cases >$25,000  Tries criminal cases >one year in prison (felonies).  Can carry out any function normally handled by district or probate courts.  Family Division  Divorce  Juvenile delinquency  Adoption etc.

District Court I  “The People’s Court”  Tries most traffic violations  Tries civil cases <$25,000  Tries criminal cases < one year in jail (misdemeanors).  Serves as intake court for felonies  “The People’s Court”  Tries most traffic violations  Tries civil cases <$25,000  Tries criminal cases < one year in jail (misdemeanors).  Serves as intake court for felonies

District court II  Arraigns all criminal defendants >17  Defendant is brought before a judge  Judge explains  The charges  The defendant’s rights  The possible consequences if convicted  Judge sets bail  Arraigns all criminal defendants >17  Defendant is brought before a judge  Judge explains  The charges  The defendant’s rights  The possible consequences if convicted  Judge sets bail

District court III  For felonies and misdemeanors  Conducts preliminary examination to determine  Was a crime committed?  Is there probable cause to believe the defendant did it?  If so, and the crime is a misdemeanor, a trial date is set.  If so, and the crime is a felony, the defendant is “bound over” to circuit court for trial.  Defendant can waive preliminary examination and plead guilty.  For felonies and misdemeanors  Conducts preliminary examination to determine  Was a crime committed?  Is there probable cause to believe the defendant did it?  If so, and the crime is a misdemeanor, a trial date is set.  If so, and the crime is a felony, the defendant is “bound over” to circuit court for trial.  Defendant can waive preliminary examination and plead guilty.

District Court IV  Small claims division  Handles civil suits <$3,000  Parties not represented by attorney  Can be heard by judge or “magistrate” (a lawyer appointed by the court to hear minor cases).  Decision is final if reached by a judge; can be appealed if reached by a magistrate.  Small claims division  Handles civil suits <$3,000  Parties not represented by attorney  Can be heard by judge or “magistrate” (a lawyer appointed by the court to hear minor cases).  Decision is final if reached by a judge; can be appealed if reached by a magistrate.

Other trial courts  Probate Court  Handles wills, estates, guardianship decisions.  Court of Claims  Based in Ingham County  Handles civil claims against the state of Michigan  Municipal Courts  Michigan Tax Tribunal  Probate Court  Handles wills, estates, guardianship decisions.  Court of Claims  Based in Ingham County  Handles civil claims against the state of Michigan  Municipal Courts  Michigan Tax Tribunal

Appellate Courts I  Court of Appeals  Appeals to this court are guaranteed to all convicted criminal defendants.  Courts can decide whether to take appeals from those who pleaded guilty or “no contest,” as well as appeals of civil cases.  Decisions are final except for cases accepted by the Supreme Court.  Court of Appeals  Appeals to this court are guaranteed to all convicted criminal defendants.  Courts can decide whether to take appeals from those who pleaded guilty or “no contest,” as well as appeals of civil cases.  Decisions are final except for cases accepted by the Supreme Court.

Appellate Courts II  Michigan Supreme Court  Comprises seven “justices” (not judges).  Decides whether to accept appeals, criminal or civil.  Generally only accepts appeals that involve  Constitutional issues  Matters of public significance  Michigan Supreme Court  Comprises seven “justices” (not judges).  Decides whether to accept appeals, criminal or civil.  Generally only accepts appeals that involve  Constitutional issues  Matters of public significance

Questions? Today’s PowerPoint design is ‘Wood’ (No discernible connection to topic’