Criminal Cases

Types of Felonies Crimes against people: murder, manslaughter, assault, kidnapping Crimes against property: burglary, theft, robbery, larceny, vandalism, fraud, arson Other types of crimes: unauthorized gambling, and use/possession of illegal drugs

Procedure in Criminal Case Arrested by police officer and “booked” (fingerprints, mugshot) Preliminary hearing- suspect appears before the judge and bail can be set Indictment- judge or grand jury formally charges suspect with crime Arraignment- defendant is asked to plead guilty or not guilty

Procedure cont… 5. Trial- both sides prosecution (represents plaintiff) and defense present case to jury and/or judge, may present evidence, testimonies, and can cross-examine witnesses

Criminal Procedure Continued 6. Verdict: decided by jury, must be unanimous decision, if not, hung jury=>mistrial a. Acquittal (not guilty) b. Sentenced (guilty)

Sentencing Options Mandatory sentencing- all judges must impose what the law directs Parole- lets criminal out before their sentence is over

Law and Order You will need to identify the following… Plaintiff? Defendant? What are the charges? What is the verdict?

So, you break the law…. Law Enforcement will arrest you. Federal Government: F.B.I. (Federal Bureau of Investigation)- investigate federal crimes State and County Governments: S.B.I. (State Bureau of Investigation)- investigate state crimes NC Highway Patrol- control NC Highways and Interstates County Deputy Sherriff- patrols county roads and investigates county matters City/Town Police- patrol city and investigates city matters.

Civil Cases

Civil Cases Plaintiff claims to suffer a loss or injury to themselves and usually seeks damages Defendant argues either that the loss or injury did not occur or the defendant is not responsible for it Cases: property disputes, breach of contract, family matters involving two or more parties, negligence, personal injury

Process for a Civil Case Plaintiff’s attorney files a complaint Court send summons to defendant Defendant’s attorney files a written answer Attorneys for both sides exchange pleading documents (possible settlement) Attorneys for plaintiff and defendant argue case in court Court gives verdict

Juvenile Law Juvenile- anyone under the age of 18 in most states NC you are an adult at 16 Main Goal of Juvenile system is to REHABILITATE!

Types of Juvenile Crime Neglect: juveniles whose caregivers neglect or abuse them Delinquency: juveniles who committ crimes Cases heard in juvenile court, no jury, have preliminary hearing, closed to public, only judge makes decision

In Re Gault Supreme Court Case dealing with juveniles Ruling: juveniles still have same due process rights as adults