Trial Procedures

1. Trial Procedures A Civil Trial

2. Learning Goal To be able to recognize the forms of Alternative Dispute Resolution (ADR).

3. Civil V. Criminal Criminal Cases • Crimes committed against the public at large. • The government brings these cases forward. Civil Cases • Individuals who believe they have been injured. • Injured person files a complaint with the court.

4. Avoiding a Civil Case

5. Alternative Dispute Resolution (ADR) • Parties try to resolve disagreements outside of the court room. • Methods are usually quick and inexpensive. • Most Common Forms: • Mediation • Arbitration • Med-Arb

6. Mediation • Disputing parties invite a third party to help them find a solution. • A Mediator guides discussion until the parties reach a compromise. • A Mediator DOES NOT make the decision for the parties.

7. Arbitration • Disputing parties give the power to settle the dispute to a neutral third party. • Both parties consent at the beginning that they will agree to the Arbitrator’s decision. • The Arbitrator’s decision is binding.

8. Learning Goal To be able to recognize the forms of Alternative Dispute Resolution (ADR).

9. The Jury Trial:Civil Cases

10. Learning Goal To develop an understanding of the process of a Jury Trial.

11. Pleadings Formal papers filed with the court by the plaintiff and defendant. • Plaintiff = Party suing • Allegations or Claims are known as the “Complaint” • Defendant = Party being sued • The Defendant’s response to the Complaint is the “Answer”

12. . . . Pleadings Methods of Discovery . . . • Depositions • Interrogatories • Requests for documents and other evidence • Mental and Physical Exams • Requests for Admissions If none of this helps . . .

13. Pretrial Hearing • Informal meeting with a judge before the trial begins. • Can this be settled without a trial? If not . . .

14. 6 Steps of a Civil Trial • Selecting the Jury • Citizens randomly selected • Attorneys choose jurors that they believe will be unbiased • Opening Statements • Explanations of what the Attorneys intend to prove • Plaintiff’s Attorney goes first

15. . . . 6 Steps • Introduction of Evidence • EX:Written documents, photographs, objects, witnesses, expert testimony • Plaintiff’s Attorney goes first • Defendant’s Attorney can cross-examine witnesses • Defense Presents Evidence • Plaintiff can cross-examine

16. . . . 6 Steps • Closing Arguments • Summarizing Evidence, suggesting reasons for decision • Plaintiff goes first • Defense goes second • Instructions to the Jury • Judge explains the law to jury • Attorneys may suggest instructions

17. . . . 6 Steps • Verdict and Judgment • Jury goes to jury room to discuss the verdict (decision) • Jury finds “in favor of” one party. • The Number of Jurors who must agree varies by state • After the Jury’s Verdict, the Court issues its Judgment When the Trial is Over . . .

18. Remedies • If the defendant is liable, the plaintiff is entitled to a “Remedy” • 4 Types of Remedies: • Payment of Damages • what is lost • Equitable Remedy • what is just • Specific Performance • “Just do it!” • Injunction • “Stop it!”

19. Execution of Judgment If the Defendant does not pay, the Plaintiff may return to court to seek an “execution of the court”

20. The Rights of People Accused of a Crime Arrests, Miranda Rights, Search & Seizure

21. Learning Goal To develop an understanding of the rights of people accused of a crime.

22. The Arrest An Arrest deprives a person of their freedom. A police officer may arrest a person if: • He has a warrant. • If he believes the person has or is committing a felony. • If the person has committed a misdemeanor in the officer’s presence.

23. Rights of the Defendant Miranda Rights • Miranda v. Arizona • Arrested people must be informed of their rights. • Arrested people do not have to answer questions. • Arrested people have the right to an attorney, even if they can’t afford one.

24. You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.

25. Other Rights of the Defendant • To be informed of the crimes they are being arrested for. • To be told the name of the officers making the arrest. • To make a phone call. • They may have the right to bail. • Money or property left with the court to guarantee that the person will return for the trial.

26. Search and Seizure An officer may search a person, car, house or building only: • If they have permission. • If they have a Search Warrant. OR • If the person may have a weapon. • If the person is being arrested. • Search of the person. • Search of the area. (house or car)

27. Search and Seizure Plain-View Exception • Police may seize items in plain-view, including drugs or weapons. • Courts have ruled that officers may search an entire vehicle during an arrest, including all bags and boxes. School Search and Seizure • School officials may search students and their lockers without a warrant, if they believe the search will provide evidence that the student has violated school rules.

28. Trial Procedures A Criminal Trial

29. Learning Goal To describe the steps of a Criminal Trial.

30. The Arraignment • Suspect is brought before a judge as soon as possible. • Judge determines if there was probable cause that a crime was committed. • The Prosecuting Attorney: • Presents the case to the Grand Jury • Decides if there is enough evidence to justify accusing the suspect of the crime. • Prepares an “Information” • A set of formal charges

31. …The Arraignment • Preliminary hearing by the Grand Jury to determine if Suspect should stand trial. • Does NOT decide guilt or innocence! • A Petit Jury tries the suspect. • If Grand Jury decides that a crime has been committed, they issue an Indictment. • A written accusation charging the suspect. • Does not mean the person is guilty – just that it is possible that they are guilty.

32. …The Arraignment • Following an Information or Indictment, the suspect is brought to court for Arraignment. • Suspect is read the Information or Indictment, and asked to plead Guilty or Not Guilty. • If Guilty – Judge imposes Sentence • If Not Guilty – Case proceeds to Trial

33. The Trial Defendant may either request a Jury Trial, or Trial before a Judge. If a Jury Trial: • Selection of Jurors • Opening Statements • Introduction of Evidence • Closing Statements • Instructions to the Jury

34. …The Trial In a Criminal Case with a Jury: • The verdict must be unanimous. • Either “GuiltyBeyond a Reasonable Doubt” or “Not Guilty” • If the Jury can not agree, a Mistrial is called, and a new trial may be held. • Not Guilty – Free to Go! • Guilty – Judge Imposes a Sentence

35. The Sentence Judge Determines the Punishment: • Fine – Payment of Money • Usually for Minor Crimes • May be attached to Imprisonment • Imprisonment – Time spent in Prison. • Some states order an indefinite sentence • “5 to 10 Years” with Good Behavior • Some states use a definite sentence • Mandatory Sentences – can not be altered

36. Learning Goal To describe the steps of a Criminal Trial.

37. The Death Penalty Sentence must follow 3 Phases: • Jury must determine guilt or innocence. • Judge or Jury determines punishment under state laws that outline factors to be considered. • An appeal is taken to state’s highest court.