1. Civil and Criminal Trials
Includes-
Conflict Resolution &
The Steps of a Trial

2. What is the Purpose of Criminal Law?
Criminal Law- To prevent people from deliberately harming one another or each other’s property

3. What is a crime?
Crime- an act that breaks a federal or state criminal law and causes harm to people or society
Penal Code- state’s written criminal laws, spell out the punishment that goes with each crime
Federal Government has a penal code
State Governments have a penal code
Crimes can occur against people, property or be victimless
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4. Parties in a Criminal Trial
Prosecution- The party who starts the legal proceedings against another party for a violation of the law; The government is always the prosecution
Defendant- person accused of the crime

5. Penalties for Crimes Punishments serve several purposes-
Make criminals pay for their crimes
Keep criminals off the streets
Deter people from committing crimes
Prepare lawbreakers to return to society

6. People in the Courtroom
Bailiff- keeps order, swears in witnesses
Jury- determines guilt or innocence of defendant
Judge- presides over trial
Court Reporter- makes a transcript of the trial
Prosecuting attorney- Tries to prove the defendant is guilty
Defense attorney- Represents the Defendant

7. Steps in a Criminal Trial
1. Arrest- Suspect is taken to police station and booked (charged with crime)
Suspects are fingerprinted and photographed.
Judge must issue an arrest warrant
2. Preliminary Hearing- Suspect appears in court and is told of the charges and the bail is set
must show judge there is probable cause
3. Indictment- Grand Jury hears the evidence and determines if there is enough to formally charge the person

8. Steps in a Criminal Trial continued…
4. Arraignment- Defendant gets the opportunity to plead guilty or not guilty and the trial date is set
Could accept a plea bargain here and the whole thing would be over
5. Trial- Attorneys for the prosecution and defense present their cases to the jury
6. Verdict
Acquitted- found not guilty
Hung Jury- the jury cannot make a decision; the judge declares a mistrial (prosecution can retry)
Found Guilty and Sentenced
People can appeal the verdict at a higher court

9. 3 Strikes
3 strike rule- once a person has been charged with a felony for the third time, he or she will automatically be subject to a more severe punishment

10. Civil Trials

11. What is Civil Law?
Civil lawsuits may involve property disputes, a breach of contract, family matters, or personal injury
Torts- wrongful acts for which an injured party has a right to sue

12. How Can Civil Law Suits be Settled?

13. How Can Parties Try to Solve a Dispute Before Going to Court
How Can Parties Try to Solve a Dispute Before Going to Court? Conflict Resolution
Negotiation- resolving disputes by bargaining between parties to come upon an outcome that serves both parties
Arbitration- 3rd party listens to both sides then decides how to settle the disagreement; both sides agree before hand to follow what the arbitrator says

14. How Can Parties Try to Solve a Dispute Before Going to Court
How Can Parties Try to Solve a Dispute Before Going to Court? Conflict Resolution
Collaboration- resolution that requires different groups to bring expertise in various areas for a mutual goal
Compromise- an agreement in which the parties involved get a variation from what they originally sought out to achieve

15. How Can Parties Try to Solve a Dispute Before Going to Court
How Can Parties Try to Solve a Dispute Before Going to Court? Conflict Resolution
Mediation- bringing in a 3rd party who tries to help reach an agreement; Mediator tries to create a compromise

16. How Can Parties Try to Solve a Dispute Before Going to Court
How Can Parties Try to Solve a Dispute Before Going to Court? Conflict Resolution
Debate- a form of conflict resolution in which two parties take sides of an issue and argue using evidence in order to persuade their opponent
Consensus- this is when a general agreement is made by all parties after careful consideration of the opinions of all members of the group

17. Most civil cases are settled before trial – trials are time consuming and expensive!

18. Steps in a Civil Trial
Complaint- Plaintiff hires a lawyer, who files a complaint- statement naming the plaintiff & defendant, describing the lawsuit
Summons- a document that announces that the defendant is being sued; sets a date and time for court
Answer- Defendant responds to the charges by filing an answer to the complaint

19. Steps in a Civil Trial continued…
Attorneys exchange pleading documents- Attorneys for both sides exchange pleadings documents and try to settle outside of court
The Trial
Verdict- Judge or Jury decides and if the plaintiff wins, the defendant is told how much they must pay

20. Civil or Criminal Trial
Steps during a TRIAL
Civil or Criminal Trial

21. What happens during a court case?
Jury Selection- Both sides choose from a large pool of people; Each side can dismiss while choosing
Opening Statements- lawyers for each side outline the case they will present

22. Opening Statement

23. What happens during a court case? Continued…
Present Cases
Testimony- answers witnesses give under oath
Direct examination- lawyers for that particular witness direct them through their statement
Cross examination- lawyers for the other side ask questions designed to make the witness’s original testimony appear unreliable or untrue (usually yes/no)

24. What happens during a court case? Continued…
4. Closing Statements
Summarizes the case that was presented
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ILLUSTRATED COURTROOM: June 2013
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Mark Ryan giving closing statement to Judge Denise Cote
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25. The Jury Jury decides guilty or not guilty Judge decides the sentence
usually 12 people
Judge decides the sentence

27. The Jury continued… Requirements in NC
Must be 18 & NC citizen, resident of your county
Understand English
Not have served on jury within the past 2 years
Not convicted of felony
Physically and mentally competent
Selection is made from list of registered voters & licensed drivers; If selected you serve the duration of the trial