The Judicial Process

Federal Judges The President of the U.S. appoints Federal Judges and confirmation is approved by the Senate (Article III in the Constitution). Once appointed, the Judges are APPOINTED FOR LIFE, unless they are removed by impeachment.

All Judges in N.C. are elected to their position. North Carolina Judges All Judges in N.C. are elected to their position.

The United States System ****The United States court system is called an ADVERSARIAL SYSTEM**** An adversary is a an opponent: (Superman vs. Lex Luther; Professor X vs. Magnito) The courtroom puts people against one another

Major Players in the Courtroom Plaintiff: In Civil Cases, the injured party who brings an action against an alleged offender. Defendant: The individual whom a claim is made against in the court room

Major Players Continued: In Civil Cases, the defendant is the person being sued. In Criminal Cases, the defendant is the person charged with committing a crime. Prosecutor – Criminal Cases: Legal representative of the Government. The Prosecutor is the U.S. Attorney in Federal Courts, the District Attorney in State Courts

Public Defender: The court-appointed representative for impoverished defendants whom cannot afford their own attorney. Bailiff: An officer in State and Federal Courts whose duties include keeping order in the courtroom and guarding prisoners or jurors in deliberation (discussion). Example: All rise! Judge Judy

“Burden of Proof” Burden of proof means that you have the job of proving the other person guilty. In criminal court, the prosecution has the Burden of proof, in civil court it is the plaintiff In criminal court, the defendant must be proven guilty “beyond a reasonable doubt” Remember that we are “innocent until proven guilty” In civil court you are proven guilty “with a preponderance of the evidence”

JURY Jurors: U.S. Citizens who listen to cases and determine a person’s right to property, right to freedom or in capital cases, right to life. Generated lists of jurors come from voter registration and drivers’ license lists.

TWO TYPES OF JURIES 1. GRAND JURY: CITIZENS WHO DECIDE WHETHER OR NOT TO INDICT THE PERSON. THEY DO NOT TAKE PART IN THE TRIALS, ONLY IN THE INDICTMENT PROCESS. (CHARGING THE PERSON WITH THE CRIME). 2. PETIT “TRIAL” JURY: CITIZENS WHO SERVE AS FACT FINDERS DURING TRIALS (guilty or not)

Roles in the courtroom Defense: defend the person that is charged with a crime Prosecution: represents the government. Proves the defendant guilty Plaintiff: represents the person that was wronged in civil law Grand Jury: issues indictments to charge a person with a crime Petite Jury: issues a guilty or not guilty verdict Judge: issues a sentence and controls the courtroom

Civil Court Procedure -Can take years to settle in court because of so many cases Most settle out of court Steps: -File a Complaint Formal statement naming plaintiff, defendant, and nature of lawsuit -Summons is issued Sent to the defendant to inform them of the case -Attorney’s exchange pleadings The complaint and the defendant’s answer together -Court presentations Attorneys present cases

Civil Court Procedure -Judge or jury deliberate “Preponderance of evidence” Whoever has best evidence wins -Verdict is issued Plaintiff wins = remedy set Plaintiff loses = gets nothing and pays court costs

Criminal Cases -Criminal Case -law that deal with cases involving violations of criminal code Government charges defendant with a crime and is always the prosecution “State vs. ___________” -Penal Code set of written laws and punishments designed by each state and the federal government to describe crimes Police officers, lawyers, and judges must know it

Types of Criminal Cases -Misdemeanors Lesser crimes -Felonies Serious/violent crimes -Crimes against Property Larceny, Burglary, Robbery Vandalism, Fraud, Embezzlement -Crimes against People Murder Manslaughter Rape Kidnapping Assault

Criminal Punishments -Penalties vary according to the seriousness of the crime committed (8th Amendment) -Crime against people will carry greater punishments -Role of Punishment -rehabilitation, deterrence Goal is to help criminals learn to re-enter society and be productive Keep others from committing crimes -Indeterminate Sentencing -Judge gives a range of sentences Depends on judge, politics, etc. -Mandatory Sentencing 3 strike laws: 3 times charged = jail time -Parole Early release from jail

Verdict Sentence Indictment Plaintiff Defense Prosecution Terms To know Verdict Sentence Indictment Plaintiff Defense Prosecution Public defender Grand Jury Petite Jury Hung Jury Burden of Proof Adversarial System