Civil v. Criminal cases

Due processConstitutional protection from

unfair laws and government action. Our

government may not take away our lives, liberty, or property without following the laws

AmendmentsWhat amendments protect you

◦Fourth Amendment – Protection from unreasonable search and seizure.

◦Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.

◦Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel

Amendments◦Seventh Amendment – Civil trial by

jury.◦Eighth Amendment – Prohibition of

excessive bail and cruel and unusual punishment.

◦14th- protect of due process from state government. The equal protection clause requires the government to treat all people equally, regardless of gender, race, or religion.

CourtIn our Judicial system there are

two types of cases you could faceCivil CasesCriminal Cases

Civil Cases termsLawsuit – a person or group

brings legal action to collect damages for some harm that has been done

Suit of Equity – a special kind of lawsuit that seeks fair treatment in a situation where there is no law (ex. Citizens suing to prevent the building of a factory in their community)

The PartiesPlaintiff – person filing the lawsuit

and making the complaintDefendant – the person being

suedComplaint – a formal notice that

a lawsuit is being brought

Procedure

1. The plaintiff files a complaint to recover damages or receive compensation

2. Case is heard either by a judge or jury

3. If they want to the case can be appealed to the court of appeals up to the Supreme Court

RealityIt can take years before your

cases heard due to the number of cases the courts have to hear

Most cases never make it to trail because they are settled outside of court

Criminal CasesUnlike Civil cases there is not a

plaintiffThe court’s job is to determine

innocence or guiltMisdemeanor: a minor crime (jail

for 1 year of less in a jail)Felony: a serious crime such as

robbery or murder (prison)

ProcedureA person accused may be arrested

if the police have probable cause.The accused person goes to jail

unless they raise bailThe case proceeds to an

arraignment, where probable cause is reviewed, the defendant may be appointed an attorney, and a plea is entered.

ProcedureA court date is set and a trial is

conducted.All guilty verdicts may be

appealed to the Court of Appeals or directly to the Supreme Court in certain cases.

VerdictAcquittal: defendant found not

guiltyHung Jury: when a jury cannot

agree on a verdict –everyone must agree to the sentence in a jury

Sentencing: the punishment that the individual will receive after being found guilty of committing a crime, sometimes the jury recommends a sentence, but usually the judge determines the sentence

Juvenile CasesCrime by children is on the raise,

but does not mean you can not be in trouble

If you are younger than a legal adult then you are a juvenile

JUVENILE COURTS

Two types◦1: NEGLECT: ABUSE/MISTREATMENT

◦2: DELINQUENCY: CRIMES, RANGING FROM MINOR OFFENSES TO SERIOUS CRIMES

When ever a child is involved the parent is notified

The parents meet with the judge, probation officer, and police officer

Only these people can attend the trial

Only a judge is involvedJuvenile cases are kept private

and secert

Judges have a lot of say in juvenile cases

Judge can give from a slap on the wrist to jail time depending on how they act

Repeat offenders can get more serious crimes

Neglected children can become wards of the state

Juveniles who commit crimes like murder can be tried as an adult