THE LAW 8 Rights of a citizen accused of a crime : 1. Protection from Double Jeopardy (person can only be re-tried in case of a hung jury) 2. Right to a grand jury (5 th ) – decide if evidence warrants a trial; 16-23 people; Issue an indictment (formal charges) 3. Protection of Self-Incrimination (taking the 5 th ) – if you refuse to testify about another person involved in a crime who are held in contempt of court. 4. Right to Speedy and Public Trial – (6 th ) – federal cases must take place within 70 days of charges 5. Right to Appeal a Verdict – errors made, lack of evidence, new evidence, etc.
Transcript
THE LAW
8 Rights of a citizen accused of a crime:1. Protection from Double Jeopardy (person can only be
re-tried in case of a hung jury)2. Right to a grand jury (5th) – decide if evidence warrants
a trial; 16-23 people; Issue an indictment (formal charges)
3. Protection of Self-Incrimination (taking the 5th) – if you refuse to testify about another person involved in a crime who are held in contempt of court.
4. Right to Speedy and Public Trial – (6th) – federal cases must take place within 70 days of charges
5. Right to Appeal a Verdict – errors made, lack of evidence, new evidence, etc.
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6. Right to a Trial by Jury – called a Petit Jury (6-12 people); decide if you are guilty or not
7. Right to an adequate defense – (6th) – right to be informed of charges, question witnesses, call or subpoena witnesses, and right to counsel (lawyer).
8. Right to reasonable bail – (8th) – money pledged by the accused to insure that they will appear in court on their trial date (money returned if person shows up).
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5 Responsibilities of all Americans in the US legal system:1. Must serve on juries2. Must testify in court3. Must obey the law4. Must cooperate with law
enforcement officers5. Must work to end unfair and
ineffective laws
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5 Types of Laws (examples) in the US Legal System1. Criminal Law – cases in which people are accused of
committing crimes that harm other people or property• Examples – murder, larceny, rape, assault, DWI
2. Civil Law – Disputes between people or groups, including disputes between government and citizens• Examples – Contract disputes, divorce, child custody,
property disputes, copyright laws• Party who files the lawsuit is the plaintiff and the
party being sued is called the defendant• $$$$ is wanted for damages (majority settled out of
court)3. Constitutional Law – example – if a person sues over
excessive bail (8th amendment issue)
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4. Administrative Law – cases involve laws, rules, and regulations that the Executive Branch and its agencies have implemented• Example – FAA (executive agency) might issue an
executive order that the airlines believe are unfair.
5. International Law – cases involving any law that affects the United States and any foreign nation, including laws that involve treaties, trade agreements, etc.• Example – If American fisherman were not allowed to fish in waters in which trade agreements are met with another country – international law.
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Results of Civil Cases:1. Actual Damages – actual
amount of money being asked for by the plaintiff, to repair or replace actual proven damages or costs caused by the action
2. Punitive Damages – money awarded to the plaintiff as punishment for the defendant, for their action or damage. Usually more valuable than actual damages.
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Crimes1. Crimes against people (murder, rape, etc.)2. Crimes against property (most common)• About 5% of all Americans will serve jail time• Current population of jails in U.S. – over 2 million2 Levels of Severity1. Misdemeanor – less serious crime, 90% of all crimes
examples – trespassing, littering…**only 10% of misdemeanor defendants are convicted!**
2. Felonies – more serious crimes; 10% of all crimes; 75% are non-violent; 25% violent; Examples – murder, burglary, drug trafficking…60% of defendants convicted.
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• Felonies•Convicted felons lose their right to vote, hold office, or certain jobs• More than 50% of all felony arrests are dismissed without ever going to court• 70% of convicted felons are sentenced to jail time; others receive probation• 36% of convicted felons were under the influence of alcohol at the time of the offense.
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Two Types of Civil Law Cases:1. Lawsuit – one party brings legal action against another to collect for some harm or damage.
a. Small Cases - $5,000 or less in most cases; no juryb. Large Cases – Over 10,000; held in Superior Courts
with juries2. Suit of Equity – case in which a party seeks fair treatment in a situation where no law exists to settle the matterExample – person sues to prevent a road from being built to close to their home.
a. usually handled by a judge only. Judge will issue an injunction – order to stop the action during case
7 Steps of a Civil Case
1. Lawsuit is planned2. Plaintiff hires an attorney to file lawsuit (State will not
supply you with an attorney in a civil case!)3. Plaintiff’s attorney will prepare a complaint (formal
notice)4. Court sends defendant a summons (order to appear in
court)5. Defendant gets a lawyer and files a response (defendant
can file a counter suit if necessary)6. Attorneys met and exchange pleadings – parties will
determine at this point if court is necessary7. If not settled, the case goes to court.
