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COURT CASES. Criminal cases can be broken into 3 groups 1. infractions 2. Misdemeanors 3. Felonies. There are two types of court cases: 1. Criminal: A case where someone is accused of breaking the law
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Criminal cases can be broken into 3 groups1. infractions2. Misdemeanors3. Felonies • There are two types of court cases: • 1. Criminal: A case where someone is accused of breaking the law • 2. Civil: A disagreement between two parties where someone is seeking compensation for damages.
CRIMINAL PROCEDURE • There are 5 steps in criminal procedure • 1. A suspect is arrested if the police have a warrant or probable cause. • Probable cause means the police have a valid reason to believe you are breaking the law. • 2. A suspect is either put in jail or released on bail.
Criminal Procedure continued • 3. The suspect is given an arraignment hearing. • An arraignment is a preliminary hearing where three small things are done to prepare for the trial. • a. Probable cause is reviewed • b. The suspect is appointed a lawyer if he does not already have one • c. A trial date is set • 4. The case goes to trial. • 5. A guilty verdict may be appealed.
Criminal Procedure continued • KEY PLAYERS in a Criminal case • A. Defendant- The person accused of a crime • B. The State- The state (or nation if this is in US district court) has accused the defendant of breaking a law. • C. Prosecutor-The lawyer who works for the state and is arguing for a guilty sentence. • D. Judge- Presides over a trial. He will determine the penalty if the defendant is found guilty. If there is no jury, he will decide guilt or innocence. • E. Jury-A group of regular people who are called from the community to hear the case. The jury will determine guilt or innocence.
PLAYERS CONTINUED • F. Magistrate • The magistrate works like the judge except he cannot hear cases and decide a verdict. He can issue warrants, summons, and subpoenas. He can also hear probable cause.
CIVIL PROCEDURE • There are 6 steps in civil procedure • 1. The plaintiff files a complaint to receive damages or compensation • 2. The defendant receives a copy of the complaint as well as a summons • A summons is a letter telling you what date to appear in court 3. The defendant writes a response accepting or denying responsibility.
Civil Procedure continued • 4. Both sides go through a process called discovery (trying to find all the evidence they can). • 5. A trial is conducted • 6. Both sides may appeal if they want
Civil Procedure continued • KEY PLAYERS in a civil case: • A. Plaintiff- The person accusing someone of hurting them • B. Defendant- The person being accused of hurting the plaintiff • C. Judge- Presides over the case. The judge will make no ruling if there is a jury. • D. Jury- A group of regular people called from the community to hear the case. A jury decides whether the defendant is responsible or not. They can also hand down a punishment (how much the defendant has to pay).