1. Bellwork Bradford Academy (hypothetically) has decided that it will require random drug testing for students who are involved in extracurricular activities. Many students in the school feel this is illegal. Others believe that all students should be tested even those who do not participate in extracurricular activities. 1.Do you think Bradford should impost this type of policy? 2.Do you think random drug testing of high school students involved in extra curricular activities is legal? 3.If you were a principal, would you require random drug testing? Why or why not? Did you know? In Australia, it is illegal to give an animal a name that you will eat at a later date.

2. Bellwork 1. What is the difference between a “delinquent child”, an “unruly child”, and a “neglected or abused child”? Page 31 Did you know: Louisiana’s “parental responsibility law” says that parents can be found guilty of “improper supervision of a minor”. If a child even associates with a drug dealer, gang member, or convicted felon, a parent can be imprisoned for up to 6 months and fined $1000.

3. Trial Procedures Criminal and civil trials begin differently Well, let me have Tim and Moby explain…Well, let me have Tim and Moby explain

4. What about not going to trial? Alternative dispute resolutions –Mediation Mediation- when parties invite a third party to help reach a compromise Non-binding –Arbitration When the parties give a third party the power to settle their dispute Binding (obligatory) An example: settlement hearings Why find an alternative? –Cheaper, faster, easier

5. Civil Trial Procedures Civil Trial (disputes between individuals or individuals and companies) Step #1: Pleadings Plaintiff files complaint- legal papers that express the plaintiff’s allegations, or claims Clerk issues summons Defendant must answer within time limit –Answer is a formal written document admitting or denying complaint

6. Step #2: Methods of Discovery –Bring out facts before a trial –Examples: Deposition, interrogation, request for admission Step #3: Pretrial Hearing –Informal hearing to simplify issues and discuss matters Civil Trial Procedures

7. Steps to a Trial 1. Select a jury (lawyers look at background, education, attitude, etc) 2. Opening statements 3. Introduction of evidence Plaintiff presents evidence –Real evidence is photographs, actual objects, etc. –Witnesses testify –Failure to appear will result in a contempt of court order Defense presents evidence Civil Trial Procedures

8. Steps to a Trial (continued) 4. Closing Arguments Same order 5. Instructions to Jury Statement made by the judge 6. Verdict 7. Judgment (the courts determination or decision in the case) 8. Execution of Judgment (pay, take property, remove a person from a property, etc) Civil Trial Procedures

9. Criminal Trial Procedures Criminal disputes (disputes between individuals and society – or societies rules/laws) 1. Arrest of Defendant –Rights of Defendant Miranda - constitutional rightMiranda Bail - Lose money if you don’t appear 2. Search and Seizure –Must have warrant or permission –Allowed limited search (frisk) –Police can search or impound property if they have reason to believe (probable cause) that something illegal is in the car

10. Criminal Trial Procedures, cont. 3. The Arraignment: brought before the court as soon as possible after an arrest, informed of the nature of the complaint, and made aware of his or her rights. The judge may dismiss or decide if there is probable cause that a crime was committed

11. Criminal Trial Procedures, cont. The Arraignment continued… –Depending on jurisdiction the prosecuting attorney may have to present to a grand jury (made up of citizens) –Grand juries listen to evidence and decide if someone SHOULD be charged with a crime –If decided yes, the defendant is issued an indictment: a written accusation charging the individual

12. Criminal Trial Procedures, cont 4.The Trial 1.To be convicted of a criminal charge the jury must be unanimous 2.Mistrial is called if not unanimous 3.Not guilty- defendant released 4.Guilty- see below **5. Sentencing (if guilty) Fine Imprisonment The Death Penalty

13. Due Process of a Juvenile Held in a detention facility Separate from criminals Trial by Judge (not jury) Name not released if under 16

14. Due Process of Juvenile, cont. The matter is generally settled in 1 of 3 ways 1.The judge may allow the offender to return home on probation for a period of time, under supervision-- if not met, punishment more severe 2.The judge may place offender in an agency or foster home- the parents will have to pay for costs 3.The judge may commit the offender to a training or reform school (last resort) *May also order the offender to pay for damages and/or parents may have to repay victim

15. And lastly My objectives for the last few days have been the following questions. If you can answer “yes” to them then you’re on the right track. 1.Do you understand that there are two court systems- federal and state? 2.Do you understand that there is a specific order that is followed for trials and appeals? 3.Do you understand that certain courts have jurisdiction over certain matters? 4.Do you understand that an appeals court does not interview witnesses and retry the case again, instead their job is to make sure that the lower courts correctly applied the law? 5.Do you understand that the U.S. Supreme Court is the highest court in the U.S. and chooses only the cases it wants to hear, and also cases that have do the with the Constitution?

16. Questions/comments? Today’s assignment:Complete the online quiz for chapter 2 and send me your results (shannonsavitski@choiceschools.com)shannonsavitski@choiceschools.com Homework: trial procedures worksheet Tomorrow: You will need a “working” email. If you use your phone to check your email and you forgot you password, look it up before class tomorrow