Vocabulary Indictment- Determines if there is enough evidence for a defendant to go to trial Arraignment- Defendant is officially informed of charges and enters a plea Subpoena- Legal document that orders someone to testify Prosecution- The Federal or State government that brings charges against a defendant in a criminal trial. Conviction- The accused is found guilty in court. Acquittal- The accused is found innocent in court. Plaintiff- The side that brings a lawsuit in a civil case. Defendant- Whom the lawsuit is filed against or the accused in a criminal case.

Warm up? Explain the difference between the Prosecution and Defense.

EQ EXPLAIN THE CRIMINAL AND TRIAL PROCESS?

Conflicts and the Judicial Process

Addressing Conflicts Conflict Resolution is the ability to end a dispute/conflict in a manner acceptable to both sides Debate Negotiation Compromise Leaders hope that debate and negotiation will lead to a consensus All parties are in agreement…this process is called consensus building

Jurisdiction of Courts Original jurisdiction (authority to hear a case first) Appellate Jurisdiction (authority to review the decisions of a court having original jurisdiction) Concurrent Jurisdiction (both having authority to hear a case) Exclusive Jurisdiction (only the federal courts can hear the case) Lawsuit against US Gov’t

State Courts NC Supreme Court Highest Court in State, exercises appellate jurisdiction over all lower court decisions Strike down laws that violate the NC Constitution NC Court of Appeals Intermediate appellate court Appellate jurisdiction over decisions made in Superior/District courts Superior Courts Also called general trial courts, they have jurisdiction over more serious criminal cases and civil cases Appellate jurisdiction over district court District Courts Also known as lower courts, they have jurisdiction over misdemeanor and civil cases involving small claims

Federal Courts US District courts act as the federal court systems trial courts for criminal/civil cases District Courts original jurisdiction: Violation of federal law Lawsuits involving the US Cases involving Maritime Law Disputes between parties in different states

Special Courts US Court of Appeals Original jurisdiction over certain kinds of cases Court of International Trade US Court of Federal Claims US Tax Court US Court of Appeals Jurisdiction over cases heard by US District, Special and State Supreme Court

US Supreme Court Appellate jurisdiction over all fed/state courts Declares acts Congress, President & laws unconstitutional

Federal Courts US Supreme Court US Appeals Court State Supreme Court US District Court State Supreme Court US Special Court US Appeals Court

Judicial process Adversarial System Attorney vs. Attorney The Judge makes sure the proper procedures are followed

Indictment or Complaint Crime and Arrest Person charged is the defendant, attorney for the gov’t is the prosecutor Indictment or Complaint Used to protect the accused Determines if there is enough evidence to go to trial

3. Arraignment The Trial The Verdict Defendant is officially informed of charges and enters a plea Guilty, not guilty, or no contest Bail The Trial The Verdict

Court Docket Plea Bargaining Pre-Trial Motion Bailiffs Schedule of court proceedings Plea Bargaining Defendant agrees to plead guilty Pre-Trial Motion Motion filed in a legal brief to request that certain evidence be thrown out Bailiffs Court law enforcement officer

Criminal Trial Opening statements Made by both attorneys Each side calls witnesses by means of a subpoena Each attorney may cross examine the witnesses Witnesses who lie are guilty of perjury Closing arguments Last chance for either attorney to persuade the jury

Deliberation The jury discusses the trial and comes up with a verdict Verdict Not guilty- defendant is free and can’t be tried again (double jeopardy) Guilty- Judge sets a date for sentencing. However, in a capital case the jury must deliberate again to decide if convicted should be executed Hung jury- jury was unable to come to a decision and a mistrial is declared Prosecution must retry the defendant

Civil Proceedings Sometimes referred to as “torts” Involve disputes between private citizens and businesses Begins when the plaintiff files a lawsuit seeking damages The defendant is served with a summons

Civil Conflict When conflicts between individuals can not be resolved Legal action is often the next step. Cases that involve a small amount of $ take place in small claims court Many cases never go to court and are settled by a pre-hearing settlement Arbitration When the two disputing sides invite a 3rd party to help them find a solution

Appeals Process Appeal Issue of Law or Fact Rights of victims Those found guilty or who lose civil cases may file an appeal to a higher court Issue of Law or Fact Issue of facts asserts that certain facts, or new evidence should be given consideration Issue of law asserts that trial procedures were not properly followed or their rights were violated Rights of victims

Oral arguments Majority Opinion Dissenting Opinion Concurring Opinion Both attorneys attempt to convince the panel of judges Majority Opinion Written statement that describes court decision Dissenting Opinion Written statement by judges who didn’t agree with decision Concurring Opinion

GRAPHIC ORGANIZER

EQ EXPLAIN THE CRIMINAL AND TRIAL PROCESS?

Reflection What state court has jurisdiction over crimes that are considered misdemeanors? What state court has jurisdiction over more serious crimes? What state court would you Appeal a case to after a verdict has been reached in the NC Superior Court? What is the highest state court? What cases does the US District court (federal) have original jurisdiction? What are 3 examples of Special Courts? What kind of Jurisdiction does the US Supreme court have? What is Writ of Certiorari? What does the term “adversarial” imply about our US Judicial system? How is an indictment and complaint used to protect the accused? What happens at an arraignment? Why would someone agree to a plea bargain? What is it called when a jury fails to reach a consensus? What are two reasons someone can appeal to a higher court?

Closing What type of jurisdiction is involved if someone kills a person in South Carolina and then kills again in Maine? Mr. Mumbly Joe was convicted in NC Superior Court of armed robbery. What two reasons can Mumbly appeal his case? To where is he appealing his case?