Civil Vs. Criminal People vs People Tort/lawsuit No punishment

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Presentation transcript:

Civil Vs. Criminal People vs People Tort/lawsuit No punishment Restitution vs retribution Settle disputes State or federal vs person Criminal Case Retribution instead of restitution To deter society from doing illegal things

Civil vs Criminal Steps before a trial Complaint and set court date Disclosure Trial Arrest Booking Arraignment Guilty Not Guilty No Lo Contendere Preliminary Trials 1Grand Jury 2 Bail Hearing 3 Evidence Hearing 4 Venue Hearing

Civil vs Criminal Ending the case Before decision Settlement at any time A settlement is a compromise between the plaintiff and the defendant. The plaintiff will pay some amount. These settlements are usually private and no one knows the details Plea Bargain A plea Bargain is when a defendant agrees to say he is guilty for a lesser sentence or a reduced charge. Why does the prosecution agree? Less sentences reduce our over crowded prisons.

Pre-Trial: The Jury Jury Selection- Seating the jury Each lawyer gets to examine each juror to find out if the juror would be good for the case. Removal for cause- The juror can not be impartial in the case Peremptory Challenges- The lawyer excludes this person form the case.

Civil vs. Criminal Trial Plaintiff Opening Defense Opening Plaintiff Witnesses Defense Witnesses Plaintiff Closing Defense Closing Prosecution Opening Defense Opening Prosecution Witnesses Defense Witnesses Prosecution Closing Defense Closing

Civil vs. Criminal End of Trial: Decisions Burden of proof= Preponderance of Evidence- Jury must weigh the evidence and decide which side won. Defense must also prove innocence For the plaintiff Against the plaintiff Burden of proof= Beyond a reasonable doubt- They must be 100% sure the defendant did it to find a guilty verdict. Burden is on Prosecution because one is innocent until proven guilty Acquitted Guilty Mistrial Hung Jury

Murder Intent- A person must intentionally do the crime when the action takes place Malice- Anger (motive can replace malice) Deliberation- A person must weigh between the action and the consequences Premeditation- Planning

Murder 1st degree Murder: premeditation, deliberation, intent and malice 2nd degree murder: deliberation, intent and malice voluntary manslaughter: intent and malice *In NC, the punishment for someone convicted of 1st degree murder is always: 1. Life in prison or 2. Death penalty

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