Civil and Criminal Cases Objective(s): What is the procedure for a civil case? What are the characteristics of criminal law? Why.

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Presentation transcript:

Civil and Criminal Cases

Objective(s): What is the procedure for a civil case? What are the characteristics of criminal law? Why do we punish criminals?

Types of Civil Cases Lawsuits (someone sues another person from monetary damages) Divorce Personal Injury Contract Issues Negligence (Someone was careless and caused an accident)

Suits of Equity Ask the court to judge fairness of an action in which there is no law Usually seek to prevent an action Injunction (a court order to do or not do something)

Steps in a Civil Court Case File a complaint Summons is given (paper requiring you appear in court) Attorney’s exchange pleadings that list reasons for lawsuit Information is presented to the court Judge or Jury deliberates (decides) Verdict (decision) is given

Criminal Laws Crimes can be found in the state Penal Code Penal Code (Written laws and punishments created by the state and federal governments)

Types of Criminal Cases Misdemeanor (small crime) Felony (Major crime) Crimes against property – Larceny (stealing) – Vandalism (intentionally destroying property) – Fraud (lying to get property/ money from someone) Crimes against people – Murder, Rape, Kidnapping, etc. Victimless crimes – Drug use, gambling, etc.

Criminal Penalties Felonies get more severe punishments – Long term prison/jail, Capital punishment, Life in prison Misdemeanors get less severe – Probation, fines, short stay in jail, community service – Probation (person is released from jail but must check in with a person each month and follow the laws until time given is up)

Why do we punish criminals? Rehabilitation ( to make them better law abiding citizens) Deterrence (To stop them from committing crimes again) Retribution (To make the person pay for the harm they have done to others- revenge)

How does a judge decide the punishments for crimes? Indeterminate Sentencing Judge can give a minimum and maximum range for the criminal to serve Ex. 20 years –life Criminal may get out on parole after minimum years are served Parole (being released from prison for good behavior) Mandatory Sentencing Judge must give a specific number of years for a specific crime

3 Strikes Law Criminals found guilty of 3 felonies must get a mandatory sentence with no chance for parole and sometimes a longer sentence – 24 states have these laws