The Theory & Practice of Government Power Module 3.6: Resolving Disputes

Stages of Civil Dispute Resolution Mitigation – Not a formal part of civil procedure – Effort by potential defendant to settle potential claim by potential plaintiff – May be initiated by either party – May be mediated by a third party Arbitration – Formal effort to resolve a dispute while avoiding a civil trial – Typically begins when mitigation efforts fail – Usually mediated by a third party – Arbitration failure leads to litigation Litigation – Formal complaint and civil suit at law – Follows a complex code of civil procedure, varies from state to state – Plaintiff and defendant may continue efforts to reach an agreement outside the civil trial – Viewed as “last resort” in dispute resolution – Court Opinion viewed as legally binding on both plaintiff and defendant

Criminal Due Process Major Stages 1.Search & Seizure 2.Investigation & Indictment 3.Trial & Verdict 4.Sentence & Execution Limits: Stage 1 Security against unreasonable searches and seizures – Probable cause – Exclusionary rule Defensive silence Security against bearing witness against oneself Security against excessive bail Limits: Stage 2 Security against unreasonable searches and seizures Defensive silence Security against bearing witness against oneself Legal counsel Indictment by Grand Jury –Grand Jury must specify the crime committed according to the applicable Penal Code –Grand Jury must decide if sufficient evidence exists to demonstrate guilt of the defendant Limits: Stage 3 Defensive silence Security against bearing witness against oneself Habeas corpus Legal counsel Speedy & public trial Jury trial Security against double jeopardy of life or limb Limits: Stage 4 Legal counsel Security against double jeopardy of life or limb Security against excessive fines Security against cruel and unusual punishment Limits: Arraignment Legal counsel Habeas corpus Defensive silence Plea –Guilty –Not guilty –Nolo contendere (not available in felony cases) Plea bargaining