Transcript The Legal Process

APK: Activation of Prior Knowledge
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Write at least 2-3 sentences describing a time when…
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you saw someone do something you knew was wrong and
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thought he/she should be punished
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[describe what you think about the amount of punishment
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compared to the act of wrongdoing]
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[describe the process]?
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Question of the Day
What is the purpose of the
criminal justice system
The Legal Process
Know what your rights include
Michael Quinones, NBCT
www.socialstudiesguy.com
What is the law?
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Our government has created rules and regulations to maintain
order
These are called laws [proposed, debated and passed by
legislatures]
There are different types of laws
The two main types are Criminal and Civil
Key Vocabulary Terms
Describe and explain the following terms in your own
words:
Criminal Law
Burden of proof
crime
felony
misdemeanor
perjury
indictment
verdict
acquittal
trial
testify
subpoena
prosecution
grand jury
bail
defendant
reasonable doubt
arraignment
sentence
conviction
plaintiff
plea bargain
Petit jury
Criminal Cases
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Plaintiffside bringing/pressing charges or
accusing.
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In a criminal case the plaintiff is
called the District Attorney
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He/she is elected by the people of the
city or town to prosecute for crimes
people are accused of.
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A district attorney is often also called
a prosecutor.
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The job and goal of a prosecutor is to
use evidence to convince a jury
someone is guilty of a crime.
Criminal Cases
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When a criminal law is violated or
“broken” –a crime has been
committed.
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Examples?
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Theft, rape, assault and murder
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What happens next?
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An arrest is carried out by police.
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“Criminal” is processed by law
enforcement (fingerprinted, “mug
shot” and record check).
Billionaire scam artist Bernie Madoff
Two types of Crimes
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Crimes are split into two
categories.
Felonies and Misdemeanors
Felonies are highly serious
crimes and receive the
severest punishments [murder,
rape].
Misdemeanors are less serious
crimes and do not receive
harsh punishments [illegal
dumping, petty theft].
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When can a person receive a harsh
punishment for misdemeanors?
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When someone is a repeat violator.
Criminal Cases
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Arraignment: hearing before a judge
where the defendant enters a plea of
guilty or not guilty.
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Bail [collateral for pre-trial release] is
also set at this hearing.
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Based on your crime an amount of
money can free you from jail until your
next court appearance.
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Accused must then go before a grand
jury who decides whether evidence
exists to proceed to trial by issuing an
indictment.
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Grand juries are groups of 11-23 people
who decide whether there is enough
evidence to support a criminal charge.
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Trial date is also set during arraignment.
Criminal Cases
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Most criminal cases never make it to trial
Why?
Usually the evidence against a defendant is overwhelming but sometimes not
Both sides often negotiate an end to the case [plea bargain] to avoid a trial
Benefit to defendant?
Avoid a guilty verdict and harsh sentence [sometimes by “snitching” on others]
Benefit to Prosecution?
Avoid a possible acquittal and guarantee at least some jail time
May obtain information against other criminals
This process is called a plea bargain because both sides are bargaining to get
something
Criminal Cases
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Something you should not do
A crime which can compound a
criminal case is perjury
You must always tell the truth
when in court
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You usually swear/affirm an oath
[sometimes on the Bible]
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Lying in court to impede justice is
called perjury [a felony] and can
result in prosecution.
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A famous recent case of perjury
involved Lil’ Kim.
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Criminal
Cases
Trial: presentation of evidence toward
defendant’s guilt jury considers both sides.
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Defense may present a case to disprove or
refute the prosecution’s case.
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To provide evidence to the jury the District
Attorney or Defense lawyer can subpoena
[order to appear in court] witness to testify
[tell what he knows] in court
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Based on the evidence presented and law
applicable to charges a verdict is rendered
(decided) by a petit jury or judge.
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In order for a jury to find someone guilty the
accused must be found guilty beyond a
reasonable doubt [jurors have to be 100%
convinced]
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The prosecution must meet this burden of
proof [obligation/responsibility to prove
allegations]
What is a petit jury?
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Petit means small.
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Most often this group of people is simply called a jury.
 This group of people is composed of 12 citizens who are
randomly picked by their city, town, state or the federal
government to hear evidence against an accused person at a
criminal trial. When called these citizens must show up for
jury duty or they can be fined or imprisoned.
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The 7th Amendment guarantees the right of all U.S. citizens to
a public jury trial of his or her peers. This is meant to ensure
justice (fairness). People have the right to waive this right and
have a bench trial (the judge will decide guilt).
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After hearing evidence from both the plaintiff (district attorney)
and the defense the petit jury decides if they accused in guilty
or not guilty.
Possible outcome of Criminal
Cases
 Verdicts
of not guilty called an acquittal
(cancelling) of criminal charges.
 Verdicts
of guilty called convictions
(affirmation) of criminal charges.
 Convictions
result in sentences which can
include probation, imprisonment or fines.
Other possible outcomes of a trial:
What do you notice about the petit jury below?
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Hung jury-When a petit jury is “hung” over whether to convict
or acquit. They cannot reach a unanimous verdict.
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Mistrial-Judge declares this when the petit jury is unable to
reach a unanimous verdict. The prosecutor can re-file charges
and try the case again.
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Verdict set aside-Judge can decide to nullify [cancel] the
verdict if he believes it is obviously or outrageously incorrect
based on the testimony and evidence.
How it looks
Content Frame-Copy and complete the paragraph below
A ________ is committed when a criminal law is
“broken.” The two categories of criminal violations
include _______ and ______. An _________ occurs
when a grand jury agrees there is sufficient evidence
(proof) to proceed to trial. ______ make decisions
called __________ after listening to testimony at a
______. Decisions of “not guilty” are officially called
_______ and those of “guilty” are called _________.
The two adversaries at a trial are called the __________
and the __________. The purpose of _________ is to
ensure an accused’s return to court. The purpose of a
subpoena is to
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____________. The government official responsible for
proving defendants guilty is called the ____________
or ___________.
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APK: Activation of Prior Knowledge
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Write at least 2-3 sentences describing a time when…
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your personal property was damaged by someone else and you wanted him
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or her to pay for it [explain the situation and what happened in the end]
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Question of the Day
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How does civil law [tort law] protect
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people?
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Key Vocabulary Terms
Describe and explain the following terms in your own
words:
Civil Law
damages
settlement
lawsuit
award
complaint
default
summons
discovery
Preponderance of evidence
Civil Cases
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The “accused” or “defendant” to the lawsuit
shortly after receives a summons.
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The defendant must then respond or risk
defaulting judgment and be forced to pay
damages.
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The plaintiff must share all evidence it has with
defense to ensure justice which is known as
discovery.
Civil Cases
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Someone suffers a loss of property, life or a
personal rights and seeks damages (money).
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The complainant, accuser or plaintiff files a
lawsuit.
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Who ever is being sued is the defendant. The
defendant tries to disprove or avoid losing the
lawsuit so he/she is not forced to pay damages.
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In the United States dog bites constitute the
largest share of all lawsuits.
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Usually for large damages a lawyer is hired to
file a complaint [application for the lawsuit] in
the proper court.
When
someone is
sued a court
sends a
summons to
the
defendant so
he/she is
notified to
come to
court.
Sheriffs
usually
deliver them
in person or
by U.S. Mail.
Civil Cases
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If after discovery no agreement or acceptable settlement can be
reached a trial then ensues.
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A jury hears evidence, renders a verdict and a judgment specifying
damages called an award.
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There is also a burden of proof in civil cases.
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Not as strict as in criminal cases: The claimant, or person suing,
must only have a preponderance of evidence to support their
lawsuit to win.
Based on the burden of proof in civil cases explain why Johnny and his parents should
or should not be found responsible for the broken window [At least 5 sentences].
How it looks
You decide the case!
1.
Watch the case presented in Judge Judy’s court room.
[Listen carefully to the facts of the case]
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Consider both sides’ [Plaintiff and Defendant]
arguments.
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Decide whether Judge Judy ruled correctly based on
the evidence
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Write at least one paragraph explaining: How would
you have ruled if you were the judge?
Make sure you explain why you made your decision
using specific examples from the case! Be specific
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The Case
Content Frame-Copy and complete the paragraph below
When someone’s personal property or civil
rights is violated _________ law has been
broken. Plaintiffs may file a ________ to begin
a _________ to recover ____________against a
defendant. The purpose of a summons is
_____________________________. A person
can default on a lawsuit by
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In civil cases the most frequent outcome,
which is similar to a plea bargain is called a
____________. The goal of all plaintiffs in civil
cases is to win an _______.
Sources
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http://www.honolulu.gov/prosecuting/flowchart_misdemeanor250.gif
http://a.abcnews.com/images/US/ap_simpson8_070917_ms.jpg
http://www.smith-county.com/Environment/images/Dumpster.jpg
http://www.cartoonstock.com/newscartoons/cartoonists/mba/lowres/
mban45l.jpg
http://www.decaturdaily.com/decaturdaily/current/060308/kim.shtml
http://www.caglecartoons.com/images/preview/%7B2A6E60F726C3-4240-8FF4-2D08B09385DD%7D.gif
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http://ccc.byu.edu/prelaw/law.jpg
http://z.about.com/d/cameras/1/0/n/2/LittleBoyBl
ue.jpg
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http://www.soimmature.com/images/shatter_rock.gif
http://www.soimmature.com/images/shatter_rock.gif
http://www.aaxnet.com/images/billg.jpg
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