trial procedures
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TRIAL PROCEDURESChapter 2.2
CRIMINAL 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
ARREST OF THE DEFENDANT
‘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
THE 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
THE TRIAL
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
SENTENCING
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
DISPOSITION 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
THE CIVIL TRIAL PROCEDUREChapter 2.2
CIVIL 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!
ALTERNATIVE 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 3rd 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
STEPS IN A JURY TRIAL
1. Selecting the jury2. Opening statements3. Introduction of evidence4. Closing arguments5. Instruction to the jury6. Verdict and judgment
CIVIL JURY TRIAL
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
CIVIL JURY TRIAL
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
CIVIL JURY TRIAL
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 damages2. 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
EXECUTION 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
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