+

Civil vs Criminal and JuriesObjective: Students will compare and contrast civil and criminal court proceedings in order to analyze jury selections through a real world example.

+Drill:1. The United States legal system requires that people accused of crimes beA.Held in prison until trial B.Informed of the charges

against themC.responsible for proving their

innocence

+ 2. “Americans are free … to disagree with the law but not to disobey it. For in a government of laws and not of men, no man, however prominent or powerful, and no mob however unruly or boisterous, is entitled to defy a court of law.” —President John F. Kennedy The quotation above most directly supports presidential actions thatA. improve international relations B. improve the economyC. ensure public order and safetyD. ensure individual rights

+Vocabulary voir dire- ______________________ a juror or a witness to determine his

or her competency, qualifications and knowledge and to make sure they are not _____________________.

petit jury- The ordinary jury of 6 to 12 persons for the ____________________ of a civil or criminal case

prosecution- lawyers acting for the _________________ to put the case against the defendant

grand jury- a group of 6 to 23 people who __________________ whether or not there is enough _________________ to formally ____________________ someone of a crime

hung jury- a jury that is unable to __________________ on a verdict (the result is a ____________________)

reasonable doubt- level of ____________________ that the judge or jury needs to have before finding an individual __________________ in a criminal case

verdict- the _____________________ of a ________________________ trial 

indictment- An ____________________ of a criminal offense made by a ____________________________

questioning

biased

trial

state

decideevidence charge

agreemistrial

certaintyguilty

outcome criminal

accusationGrand Jury

+Scavenger HuntCivil and Criminal ProceedingsInstructions: Read each scenario. Consult

your Criminal and Civil Proceedings Flowcharts to:

(a) circle whether the case is civil or criminal

(b) identify the category of civil or criminal law

(c) answer the question associated with each scenario

+Ronald McDonald filed a complaint against Burger King for slander. The case doesn’t even make it to pretrial discovery, the plaintiff wins.

(a) civil or criminal

(b) category: ________________________________

(c) How is this situation possible?

Torts and Civil Wrongs

Settlement out of court

+Civil Categories:

ContractPropertyTorts and Civil Wrongs

Family

Criminal Categories:

PettyMisdemeanor

Felony

+

•Cases are held in court OathLawyers

•Evidence/ Proof Summons

•Legal Principles Witnesses

•Categories (Civil: Torts, Contract, Family, Property. Criminal: Felony, Misdemeanor, Petty)

•Settlement avoids Trial•Preponderance of Evidence•Seeking Damages•Plaintiff Brings the Case•Mediation•Arbitration

•Plea Bargain – Avoids Trial•Beyond a Reasonable Doubt•Jail Sentence/ Fine•State Brings Case (Prosecution)•Held until Proven Guilt/ Pay Bail•Grand Jury

+

What is the burden of proof in a Civil Case? Explain it What is the burden of proof in a Criminal Case? Explain it Why is the burden of proof different for criminal and civil cases? 

Preponderance of Evidence

Beyond a Reasonable Doubt

Different kinds of cases: Criminal – deals with crimes Civil – deals with issues among people

Because they deal with different topics;How the result is determined needs to be different.

+

Assessment: 1Into the Jury PoolRead the Article and Answer the questions that follow.

+

Assessment: 2You be the Lawyer…

+

Theories of Crime and Punishment

+Utilitarian Theory

Focuses on achieving social benefit:Deterrence – In general, it has been found that an increase in the detection, arrest and conviction rate is a greater deterrence to crime than an increase in the punishment.

Incapacitation – Removing dangerous individuals from society protects society from that person.

+Utilitarian Theory Cont…

Rehabilitation – Offenders can be “changed” into productive members of society if given proper treatment.

NOTE: This may be a goal of punishment, but it is not a justification for punishment and in today’s system, it has been all but rejected.

+Retributive TheorySociety is under a moral obligation to

punish a defendant who deserves punishment. It is wrong to punish the innocent and we must take steps to avoid doing so, but a guilty person must be punished.

Assaultive – Punishment is justified by the crime. It is not necessary to look at the rights of the guilty or consider his or her “best interests.”

+Retributive Theory Cont…

Protective – The guilty has benefited from the crime and society has paid the price. Thus, the guilty person owes a debt to society.

Can you give Examples of each?

+Peggy Lerner

You are given a wrap sheet and a scenario. Produce a persuasive argument about what should happen to her.

You need to have in there:

All grievances:

The crime committed

What penalties should happen or lack of

End result and why.

+Exit ticket- Worth 40 Points

What do you think should happen to Peggy Lerner?

What punishment do you think she should receive?

If the decision was left in your hands, what would be a fair punishment.

You must include a recap of her crimes and a justification of her punishment.

You must also explain with type of punishment it is with citing examples.

You must explain this this is 1-2 paragraphs.