1. Civil vs Criminal and Juries
Objective: Students will compare and contrast civil and criminal court proceedings in order to analyze jury selections through a real world example.

2. Drill:
1. The United States legal system requires that people accused of crimes be
Held in prison until trial
Informed of the charges against them
responsible for proving their innocence

3. 2. “Americans are free … to disagree with the law but not to disobey it. For in a government of laws and not of men, no man, however prominent or powerful, and no mob however unruly or boisterous, is entitled to defy a court of law.” — President John F. Kennedy The quotation above most directly supports presidential actions that
improve international relations
improve the economy
ensure public order and safety
ensure individual rights

4. Vocabulary questioning biased trial state decide evidence charge agree
voir dire- ______________________ a juror or a witness to determine his or her competency, qualifications and knowledge and to make sure they are not _____________________.
petit jury- The ordinary jury of 6 to 12 persons for the ____________________ of a civil or criminal case
prosecution- lawyers acting for the _________________ to put the case against the defendant
grand jury- a group of 6 to 23 people who __________________ whether or not there is enough _________________ to formally ____________________ someone of a crime
hung jury- a jury that is unable to __________________ on a verdict (the result is a ____________________)
reasonable doubt- level of ­____________________ that the judge or jury needs to have before finding an individual __________________ in a criminal case
verdict- the ­­­­­­­­­­­­_____________________ of a ________________________ trial 
indictment- An ____________________ of a criminal offense made by a ____________________________
biased
trial
state
decide
evidence
charge
agree
mistrial
certainty
guilty
outcome
criminal
accusation
Grand Jury

5. Scavenger Hunt Civil and Criminal Proceedings
Instructions: Read each scenario. Consult your Criminal and Civil Proceedings Flowcharts to:
(a) circle whether the case is civil or criminal
(b) identify the category of civil or criminal law
(c) answer the question associated with each scenario

6. (b) category: ________________________________
Ronald McDonald filed a complaint against Burger King for slander. The case doesn’t even make it to pretrial discovery, the plaintiff wins.
(a) civil or criminal
(b) category: ________________________________
(c) How is this situation possible?
Torts and Civil Wrongs
Settlement out of court

7. Civil Categories:
Contract
Property
Torts and Civil Wrongs
Family
Criminal Categories:
Petty
Misdemeanor
Felony

8. Settlement avoids Trial Preponderance of Evidence Seeking Damages
Cases are held in court Oath Lawyers
Evidence/ Proof Summons
Legal Principles Witnesses
Categories (Civil: Torts, Contract, Family, Property. Criminal: Felony, Misdemeanor, Petty)
Settlement avoids Trial
Preponderance of Evidence
Seeking Damages
Plaintiff Brings the Case
Mediation
Arbitration
Plea Bargain – Avoids Trial
Beyond a Reasonable Doubt
Jail Sentence/ Fine
State Brings Case (Prosecution)
Held until Proven Guilt/ Pay Bail
Grand Jury

9. What is the burden of proof in a Civil Case? Explain it
What is the burden of proof in a Criminal Case? Explain it
Why is the burden of proof different for criminal and civil cases?
Preponderance of Evidence
Beyond a Reasonable Doubt
Different kinds of cases:
Criminal – deals with crimes
Civil – deals with issues among people
Because they deal with different topics;
How the result is determined needs to be different.

10. Assessment: 1 Into the Jury Pool
Read the Article and Answer the questions that follow.

11. Assessment: 2
You be the Lawyer…

12. Theories of Crime and Punishment

13. Focuses on achieving social benefit:
Utilitarian Theory
Focuses on achieving social benefit:
Deterrence – In general, it has been found that an increase in the detection, arrest and conviction rate is a greater deterrence to crime than an increase in the punishment.
Incapacitation – Removing dangerous individuals from society protects society from that person.

14. Utilitarian Theory Cont…
Rehabilitation – Offenders can be “changed” into productive members of society if given proper treatment.
NOTE: This may be a goal of punishment, but it is not a justification for punishment and in today’s system, it has been all but rejected.

15. Retributive Theory
Society is under a moral obligation to punish a defendant who deserves punishment. It is wrong to punish the innocent and we must take steps to avoid doing so, but a guilty person must be punished.
Assaultive – Punishment is justified by the crime. It is not necessary to look at the rights of the guilty or consider his or her “best interests.”

16. Retributive Theory Cont…
Protective – The guilty has benefited from the crime and society has paid the price. Thus, the guilty person owes a debt to society.
Can you give Examples of each?

17. Peggy Lerner
You are given a wrap sheet and a scenario. Produce a persuasive argument about what should happen to her.
You need to have in there:
All grievances:
The crime committed
What penalties should happen or lack of
End result and why.

18. Exit ticket- Worth 40 Points
What do you think should happen to Peggy Lerner?
What punishment do you think she should receive?
If the decision was left in your hands, what would be a fair punishment.
You must include a recap of her crimes and a justification of her punishment.
You must also explain with type of punishment it is with citing examples.
You must explain this this is 1-2 paragraphs.