Criminal and Civil Cases * 07/16/96 Criminal and Civil Cases GOVT 2306, Module 9 *

Criminal Cases—What We Will Learn: What is a criminal case? Who are the parties to a criminal case? What are the two types of criminal cases?

Criminal Cases A criminal case is a legal dispute dealing with an alleged violation of a penal law. A criminal defendant is the party charged with a criminal offense, whereas the prosecutor is the attorney who tries a criminal case on behalf of the government. The prosecutor and the criminal defendant are the parties in a criminal case.

State and Federal Criminal Cases State criminal cases involve alleged violations of state laws. The overwhelming majority of criminal cases are violations of state law. Federal criminal cases involved alleged violations of federal law, such as bank robbery, postal theft, drug trafficking, securities fraud, and postal theft. 4/7/2019

Types of Criminal Cases Felonies Misdemeanors A felony is a serious criminal offense, such as murder or sexual assault. Texas law divides felony offenses into five categories--capital, and first-, second-, third-, and fourth-degree (state jail) felonies--with fourth-degree being the least serious category. Convicted felons may be fined heavily and sentenced to as many as 99 years in prison. A misdemeanor is a relatively minor criminal offense, such as a traffic violation. Texas law classifies misdemeanor offenses as Class A, B, or C. Class A misdemeanors are the most serious, Class C the least serious.

Texas uses lethal injection. Capital Punishment In Texas and 32 other states, convicted capital murderers may be sentenced to death. The death penalty is known as capital punishment. How does Texas carry out the sentence? Texas uses lethal injection.

Remember the phrase “innocent until proven guilty.” Burden of Proof The burden of proof is the legal obligation of one party in a lawsuit to prove its position to a court. Which side has the burden of proof in a criminal case? What is the standard? Remember the phrase “innocent until proven guilty.” The prosecution must prove the defendant guilty “beyond a reasonable doubt.”

You are on the jury Texas law requires that the government prove the defendant's guilt "beyond a reasonable doubt." How would you decide in each of the following situations? You think there is a 50-50 chance that the defendant is guilty. You think that more likely than not the defendant is guilty. You think the defendant is innocent. You think that the evidence is overwhelming that the defendant is guilty. You should find the defendant guilty ONLY in the last instance and only then if you have no reasonable doubt in the defendant’s guilt. All other situations require a verdict of not guilty.

Civil cases What is a civil case? Who are the parties in a civil case? What are the five types of civil cases?

Civil Cases A civil case is a legal dispute concerning a private conflict between two or more parties--individuals, corporations, or government agencies. 4/7/2019

Civil or Criminal? Civil Civil Both Doreen slipped and fell while shopping at the Kroger store. She believes the store should be responsible for her medical bills. The Sanchez family hired a man to take down a tree in their backyard. They gave the man a down payment, but the work was never done. Alex was hit by a car while riding home on his bike. The woman driving the car stopped briefly and then drove off. Civil Civil Both 4/7/2019

Civil cases The party initiating the lawsuit is called the plaintiff; the civil defendant is the responding party. The burden of proof in civil cases is on the plaintiff. In most cases, it is by a “preponderance of the evidence.” Preponderance of the evidence means just a little bit more. Note that the plaintiff has the burden of proof. Ties go to the defendant.

You are on the jury Texas law requires that the plaintiff prove his or her case by a “preponderance of the evidence.” How would you decide each of the following civil cases? You believe the evidence is overwhelming in favor of the plaintiff. You think the evidence presented by the two sides is almost equally compelling, but you lean to the plaintiff. You are completely torn on the outcome of the case. In your perspective, it is 50-50 between the plaintiff and the defendant. The plaintiff wins all but the last situation. If the evidence is equally split, the plaintiff has not met his or her burden of proof.

Federal Civil Cases The following cases can be heard in federal court: The constitutionality of a law; Cases involving the laws and treaties of the U.S.; Cases involving ambassadors and public ministers; Disputes between two or more states; Admiralty law; Bankruptcy cases; and State civil cases with diversity of citizenship with $75 K or more at stake. 4/7/2019

Types of civil cases A property case is a civil suit over the ownership of real estate or personal possessions, such as land, jewelry, or an automobile. A probate case is a civil suit dealing with the disposition of the property of a deceased individual. A domestic-relations case is a civil suit based on the law involving the relationship between husband and wife, as well as between parents and children, such as divorce and child custody cases. A contract case is a civil suit dealing with disputes over written or implied legal agreements, such as a suit over a faulty roof repair job. A tort case is a civil suit involving personal injury or damage to property, such as a lawsuit stemming from an automobile accident.

What sort of civil case is this? Yolanda’s daughter was bitten by the neighbor’s pit bull and Yolanda is suing for medical bills as well as her daughter’s pain and suffering. The second-hand car that Fred purchased on Craigslist has stopped running and he is going to sue to get his money back. Cindy is fed up with Charlie’s infidelity, so she has decided to ask for a divorce. Roger and Bertha were together 20 years. Everyone thought they were married, but it was never official. Now, Roger has died and Roger’s kids from a former wife are claiming his estate. The diamond ring Inez purchased on eBay was guaranteed, but it is a fake. Inez wants her money back. Tort Contract Domestic relations Probate Contract

Cases Settled Without Trials Civil Cases Criminal Cases Most criminal cases are resolved through a plea bargain, which is a procedure in which a defendant agrees to plead guilty in order to receive punishment less than the maximum for an offense. On occasion, defendants may plead guilty to lesser offenses than the crime with which they were originally charged. In civil cases, litigants frequently settle before going to trial. Why do you think they do that? They save the expense and uncertainty of a trial.

What You Have Learned What are criminal cases? What are the different types of criminal cases? What are civil cases? What types of civil cases are there? Why are many cases settled without going to trial?