Civil v. Criminal cases

Due process Constitutional protection from unfair laws and government action. Our government may not take away our lives, liberty, or property without following the laws

Amendments What amendments protect you ◦ Fourth Amendment – Protection from unreasonable search and seizure. ◦ Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain. ◦ Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel

Amendments ◦ Seventh Amendment – Civil trial by jury. ◦ Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment. ◦ 14 th - protect of due process from state government. The equal protection clause requires the government to treat all people equally, regardless of gender, race, or religion.

Court In our Judicial system there are two types of cases you could face Civil Cases Criminal Cases

Civil Cases terms Lawsuit – a person or group brings legal action to collect damages for some harm that has been done Suit of Equity – a special kind of lawsuit that seeks fair treatment in a situation where there is no law (ex. Citizens suing to prevent the building of a factory in their community)

The Parties Plaintiff – person filing the lawsuit and making the complaint Defendant – the person being sued Complaint – a formal notice that a lawsuit is being brought

Procedure 1. The plaintiff files a complaint to recover damages or receive compensation 2. Case is heard either by a judge or jury 3. If they want to the case can be appealed to the court of appeals up to the Supreme Court

Reality It can take years before your cases heard due to the number of cases the courts have to hear Most cases never make it to trail because they are settled outside of court

Criminal Cases Unlike Civil cases there is not a plaintiff The court’s job is to determine innocence or guilt Misdemeanor: a minor crime (jail for 1 year of less in a jail) Felony: a serious crime such as robbery or murder (prison)

Procedure A person accused may be arrested if the police have probable cause. The accused person goes to jail unless they raise bail The case proceeds to an arraignment, where probable cause is reviewed, the defendant may be appointed an attorney, and a plea is entered.

Procedure A court date is set and a trial is conducted. All guilty verdicts may be appealed to the Court of Appeals or directly to the Supreme Court in certain cases.

Verdict Acquittal: defendant found not guilty Hung Jury: when a jury cannot agree on a verdict –everyone must agree to the sentence in a jury Sentencing: the punishment that the individual will receive after being found guilty of committing a crime, sometimes the jury recommends a sentence, but usually the judge determines the sentence

Juvenile Cases Crime by children is on the raise, but does not mean you can not be in trouble If you are younger than a legal adult then you are a juvenile

JUVENILE COURTS Two types ◦ 1: NEGLECT: ABUSE/MISTREATMENT ◦ 2: DELINQUENCY: CRIMES, RANGING FROM MINOR OFFENSES TO SERIOUS CRIMES

When ever a child is involved the parent is notified The parents meet with the judge, probation officer, and police officer Only these people can attend the trial

Only a judge is involved Juvenile cases are kept private and secert

Judges have a lot of say in juvenile cases Judge can give from a slap on the wrist to jail time depending on how they act Repeat offenders can get more serious crimes Neglected children can become wards of the state Juveniles who commit crimes like murder can be tried as an adult