JUDGES QUATERLY TRAINING JUDICIAL INSTITUTE CRIMINAL TRIAL AND CIVIL TRIAL: A COMPARATIVE ANALYSIS

1. JUDGES QUATERLY TRAININGJUDICIAL INSTITUTECRIMINAL TRIAL AND CIVIL TRIAL:A COMPARATIVE ANALYSIS PRESENTED BY YUSSIF D. KABA RESIDENT CIRCUIT JUDGE SIXTH JUDICIAL CIRCUIT COURT CIVIL LAW COURT MONTSERRADO COUNTY

2. OBJECTIVE OF PRESENTATION • 1. TO IDENTIFY THOSE DISTINCTIVE AND SIMILAR FEATURES BETWEEN CIVIL AND CRIMINAL TRIALS • 2. TO AID IN THE DISCUSSION OF JUDGES EXPERIENCES IN THE CONDUCT OF CIVIL AND CRIMINAL TRIAL; • 3. TO AID JUDGES APPRECIATION OF THE DISTINCTION AND SIMILARITY BETWEEN CIVIL AND CRIMINAL TRIAL;

3. OBJECTIVE OF PRESENTATION • 4. TO SPECIFICALLY ENCOURAGED THE IDENTIFICATION BY JUDGES OF THE CAUSES AND SOURCES OF JURY IMPROPRIETIES AND CORRUPTION IN OUR SYSTEM

4. TRIAL • WHAT IS A TRIAL? • TRIAL IS A FORMAL JUDICIAL EXAMINATION OF EVIDENCE AND DETERMINATION OF LEGAL CLAIMS IN AN ADVERSARY PROCEEDING. (Black’s Law Dictionary Abridged Eighth Edition)

5. TRIAL • WHAT IS A CIVIL TRIAL? • A CIVIL TRIAL IS A FORMAL JUDICIAL EXAMINATION OF EVIDENCE AND DETERMINATION OF LEGAL CLAIM AS IT RELATES TO PRIVATE RIGHTS AND REMEDIES THAT ARE SOUGHT BY ACTION OR SUIT.

6. TRIAL • WHAT IS A CRIMINAL TRIAL? • A CRIMINAL TRIAL IS A FORMAL JUDICIAL EXAMINATION OF EVIDENCE AND DETERMINATION OF GUILT OR INNOCENT FOR THE COMMISSION OF AN ACT THAT THE LAW MAKES PUNISHABLE.

7. TRIAL • WHAT ARE THE DISTINCTION BETWEEN CIVIL TRIAL AND CRIMINAL TRIAL? • 1. CIVIL TRIAL IS COMMENCED EITHER BY PRIVATE OR PUBLIC INTEREST AGAINST ANOTHER PRIVATE OR PUBLIC INTEREST FOR THE RECOVERY OF PRIVATE RIGHT OR THE REDRESS OF PRIVATE WRONG, WHEREAS CRIMINAL TRIAL IS COMMENCED BY THE STATE AGAINST INDIVIDUAL/S OR ENTITY/IES FOR THE COMMISSION OF ACTS THAT THE LAW MAKE PUNISHABLE.

8. DISTINCTION CONTINUE • 2. THE MEASURE OF EVIDENCE OR THE REQUIREMENT OF PROOF IN CIVIL TRIAL IS THAT OF THE PREPONDERANCE OF THE EVIDENCE; WHEREAS IN CRIMINAL TRIAL IT IS TO OVERCOME THE REASONABLE DOUBLE TEST.

9. DISTINCTION CONTINUE • 3. WHEREAS CIVIL ACTION IS COMMENCED BY THE FILING WITH THE CLERK OF A WRITTEN DIRECTION AND A COMPLAINT IN THE CASE OF AN ACTION AT LAW OR A JUDGE’S ORDER AND A PETITION IN THE CASE OF A SPECIAL PROCEEDINGS WITH THE CLERK WHICH WILL RESULT INTO THE ISSUANCE OF A SUMMONS IN THE CASE OF AN ACTION AT LAW OR A CITATION IN THE CASE OF A SPECIAL

10. DISTINCTION CONTINUE • PROCEEDING, A CRIMINAL CASE IS COMMENCED BY PRESENTMENT OF A TRUE BILL BY THE GRAND JURY AND THE ISSUANCE OF A WRIT OF ARREST OR A WRIT OF SUMMONS.

11. DISTINCTON CONTINUE • 4. WHEREAS TRIAL BY A JURY IN CIVIL MATTER IS A RIGHT UPON TIMELY DEMAND, TRIAL BY JURY IN CRIMINAL TRIAL IS A MANDATORY RIGHT OF THE DEFENDANT IN ALL CASES NOT OF PETIT OFFENCES, UNLESS WAIVED. • 5. WHEREAS IN A CIVIL CASE PLEADINGS CONSIST OF A COMPLAINT, AN ANSWER AND A REPLY IN CASES AT LAW, AND A PETITION, A RETURNS AND A REPLY IF NEED BE IN A SPECIAL PROCEEDINGS, HOWEVER PLEADINGS IN A CRIMINAL TRIAL CONSIST

12. DISTINCTION CONTINUE • ONLY OF AN INDICTMENT AND THE PLEA OF THE DEFENDANT. • 6. WHEREAS THE STATE IS THE PROPER PARTY-PLAINTIFF IN A CRIMINAL TRIAL AND THE VICTIM ONLY A WITNESS FOR THE STATE, HOWEVER IN CIVIL PROCEEDINGS THE VICTIM – WHETHER PRIVATE OR PUBLIC – IS THE PROPER PARTY PLAINTIFF.

13. DISTINCTION CONTINUE • 7. WHEREAS THE DEFENDANT HAS THE RIGHT TO BE PRESENT AT ALL STAGE OF THE PROCEEDINGS INCLUDING HIS ARRAIGNMENT, THE MAKING OF A PLEA OF GUILTY, AT EVERY STAGE OF THE TRIAL INCLUDING THE EMPANELLING OF THE JURY, THE RETURN OF THE VERDICT ETC., HOWEVER DEFENDANT OR RESPONDENT IN CIVIL TRIAL DOES NOT ENJOY ANY SUCH RIGHTS.

14. ISTINCTION CONTINUE • 8. WHEREA IN CRIMINAL TRIAL DOUBLE JEOPARDY WILL ATTACHED IN FAVOR OF A DEFENDANT WHO IS TRIAL FOR THE COMMISSION OF A CRIME FOR WHICH HE WAS PREVIOUSLY INDICTED, ARRAIGNED, TO WHICH HE PLEADED AND A JURY EMPANELLED AND SWORN TO HEAR THE FACT, OR IF THE CASE IS BEING HEARD BY THE COURT WITHOUT A JURY, AFTER THE COURT

15. DISTINCTION CONTINUE • HAS BEGAN TO HEAR EVIDENCE THEREUPON; HOWEVER, IN CIVIL TRIAL RES JUDICATA SHALL BE INVOKED IN THE CASE WHERE A MATTER HAS BEEN PREVIOUSLY LITIGATED BETWEEN THE SAME PARTIES. • 9. IN CRIMINAL TRIAL, A DEFENDANT MAY MOVE FOR A JUDGMENT OF AQUITTAL OR THE COURT ON ITS OWN ,AY GRANT A JUDGMENT OF AQUITTAL WHERE AT THE

16. DISTINCTION CONTINUE • CLOSE OF EVIDENCE ON EITHER SIDE, IF THE EVIDENCE IS INSUFFICIENT TO SUSTAIN A CONVICTION; WHEREAS IN CIVIL TRIAL THE COURT, ON MOTION MAY ENTERED A JUDGMENT DURING TRIAL UPON THE GROUND THAT THE MOVING PARTY IS ENTITLED TO JUDGMENT AS A MATTER OF LAW.

17. DISTINCTION CONTINUE • 10. IN CIVIL TRIAL, GROUNDS FOR THE DISMISSAL OF AN ACTION IS SPECIFICALLY DEFINED; WHEREA IN CRIMINAL TRIAL, ANY DEFENSES AND/OR OBJECTIONS – WHETHER TO THE FORM OF THE INDICTMENT OR THE SUBSTANCE OF THE AVERMENTS CONTAINED IN AN INDICTMENT - MAY BE RAISED AS A GROUND FOR THE DISMISSAL OF AN INDICTMENT.

18. DISTINCTION CONTINUE • 11. IN A CRIMINAL TRIAL A VERDICT RETURN IN FAVOR OF THE DEFENDANT BRINGS FINALITY TO THE TRIAL; WHEREAS IN CIVIL TTRIAL, A VERDICT RETURN FOR EITHER PARTY ENTITLED THE OTHER TO A MOTION FOR A NEW TRIAL

19. TRIAL • WHAT ARE THE SIMILARITY BETWEEN A CIVIL TRIAL AND A CRIMINAL TRIAL? • 1. IN BOTH CIVIL AND CRIMINAL TRIAL, THE BURDEN OF PROOF REST ON HE WHO ALLEGES A FACT EXCEPT THAT WHEN THE SUBJECT MATTER OF A NEGATIVE AVERMENT LIES PERCULIARY WITHIN THE KNOWLEDGE OF THE OTHER PARTY, THE AVERMENT IS TAKEN TO BE TRUE UNLESS DISPROVED.

20. SIMILARITIES CONTINUE • 2. IN A CASE HEARD BY A JURY, THE PANEL IS COMPOSED OF TWELVE (12) REGULAR JURORS AND THREE (3) ALTERNATIVE JURORS. • 3. THE VENIRE OF JURORS ARE SELECTED FROM AMONG THE PUBLIC IN THE SAME MANNER AND THEY ARE REQUIRED TO BE OF THE SAME QUALIFICATON.