Trial procedures

1. Trial procedures Chapter 2.2

2. Criminal trial procedures • Step 1 – arrest of the defendant • An arrest occurs when a person is deprived of his or her freedom • Police officer can make an arrest at any time with a warrant • Police may arrest someone without a warrant IF they believe the person has committed a felony or if the person has committed a misdemeanor involving a breach of peace in the officer’s presence

3. Arrest of the Defendant • ‘Rights of the defendant’ • Miranda rights (Miranda v. Arizona) • Right to a phone call • Sometimes can be released on bail • Search and Seizure • Police may conduct a search if permission is granted or warrant is obtained • Must be limited to the area mentioned in warrant • Persons who are arrested may be searched without a warrant • Police may seize items in plain view without a warrant – ‘plain view exception’ • Students can be searched by school officials without a warrant – must have reasonable grounds

4. The arraignment • Suspect is brought before the court as soon as possible after arrest • Prosecution either prepares an information or presents case to a grand jury • Grand jury conducts secret preliminary hearing to determine if someone must stand trial • Grand jury hears evidence and testimony from witnesses • An indictment is issued if grand jury finds a crime has been committed • The accused is then brought to court for an arraignment – pleads guilty or not guilty

5. The Trial • Defendant can request a jury trial • Selection of jurors • Attorneys make opening statements • Introduce evidence • Trial ends with the attorney’s closing statements and instructions to the jury • Criminal case with a jury • The verdict MUST be unanimous—either guilty beyond a reasonable doubt, or not guilty • If jury cannot agree, a mistrial is called and can be retried • OTHERWISE, case is tried before the judge

6. Sentencing • After a person has been convicted of a crime, they are sentenced by the court (judge) • Fines • Payment of money for committing a crime; generally a minor one • Imprisonment • Different from state to state • Minimum or maximum time • Sometimes good behavior allows earlier release • The Death Penalty • Differs from state to state • Currently 35 states still use the death penalty

7. Disposition of juvenile cases • Each case is considered individually • First step, the judge holds a detention hearingto learn whether there are good reasons to keep the accused in custody • The court’s probation department conducts research into personal life of a juvenile • In some cases, if found guilty, parents of the accused are responsible for repayment of victim if it applies • Release, probation, or limited confinement

8. The Civil Trial Procedure Chapter 2.2

9. Civil trial procedure • Criminal and Civil trials begin differently • Criminal Trial – government brings charges against crimes committed against the public at large • Civil Trial – people who believe they have been injured and want to file suit • Civil suite can be expensive!

10. Alternative dispute resolution • (ADR) is an increasingly popular process that occurs when parties try to resolve disagreements outside of court • Classified in 2 ways: • Reactive methods - dispute arise, a 3rd party is invited to mediate • Proactive methods – these methods are discussed before a dispute arises (parties to a contract agree to meet to get to know one another) • (See page 35 in your text)

11. pleadings • Civil trial begins with pleadings, the formal papers filed with the court by the plaintiff and defendant • Plaintiff’s complaint (figure 2.3) • The defendants response is called the answer (figure 2.4) • ‘Methods of discovery’ bring facts out before trial • Depositions • Interrogatories • Requests for documents • Physical & mental examinations

12. Steps in a jury trial • Selecting the jury • Opening statements • Introduction of evidence • Closing arguments • Instruction to the jury • Verdict and judgment

13. Civil Jury Trial • Selecting a jury • the judge calls the court to order and has a jury drawn from a pool of citizens • Jurors are questioned by lawyers • Lawyer consider juror’s background, education, experience, relationships, attitudes, and employment • Opening Statements • Attorneys for each side make opening statements explaining what they intend to prove • Plaintiff goes first

14. Civil Jury Trial • Introduction of Evidence • Plaintiff’s attorney presents all of the plaintiff’s evidence • The defense attorney has the chance to cross-examine the plaintiff’s witnesses • When all evidence has been presented, they rest their cases • Closing Arguments • Plaintiff’s attorney is the first to present • Then the defense attorney • Each summarizes the evidence and suggests reasons why the jury should find in favor of their client

15. Civil Jury Trial • Instructions to the Jury • Judge must explain the law to the jury called ‘jury instruction’ • Attorneys from both sides may suggest instructions • Verdict and Judgment • Jurors go to the jury room to deliberate upon their verdict, or decision • Following the jury’s verdict, the court issues a judgment

16. remedies • When a defendant is found liable in a civil trial, the plaintiff is entitled to a remedy • American courts generally provide 2 categories: • Payment of damages • An equitable remedy • Specific performance– defendant has to do what was promised in a contract • Injunction – an order to stop the defendant from performing the action

17. Execution of judgment • After determining winning party and losing party, judgment of the court must be carried out • Is enforced by the issuance of the court • Could involve taking property, selling it or removing a person or property to anther location