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