Each year millions of Americans are charged with crimes, while others are involved in civil lawsuits.We can help maintain law and order by obeying laws, respecting the rights of others, being aware of current laws, and supporting the police. Contact your local police department to find out about any new or altered laws. Prepare a pamphlet informing others of these laws. To learn more about civil and criminal law, view the Democracy in Action video lesson 11: The Federal Court System at Work. Organizing Information Study Foldable Make the following foldable to help you organize what you learn about civil and criminal law. Step 2 Open the paper and refold it into thirds from side to side. 362 A courthouse in Waxahachie, Texas ▲ This forms three rows. Fold it into thirds. This forms three columns. Types of Cases Court Procedures Civil Law Criminal Law Step 1 Fold a sheet of paper into thirds from top to bottom. Reading and Writing As you read the chapter, record what you learn about criminal and civil cases and court procedures in the appropriate spaces on your foldable table. Step 3 Unfold, turn the paper, and draw lines along the folds. Step 4 Label your table as shown. Lindsay Hebberd/CORBIS
Transcript
Each year millions of Americans are charged with crimes,while others are involved in civil lawsuits. We can helpmaintain law and order by obeying laws, respecting therights of others, being aware of current laws, andsupporting the police. Contact your local policedepartment to find out about any new or altered laws.Prepare a pamphlet informing others of these laws.
To learn more about civil and criminal law, view theDemocracy in Action video lesson 11: The Federal CourtSystem at Work.
Organizing Information Study Foldable Make the following foldable to helpyou organize what you learn about civil and criminal law.
Step 2 Open the paper and refoldit into thirds from side to side.
362 A courthouse in Waxahachie, Texas▲
This formsthree rows. Fold it
into thirds.
Thisforms three
columns.
Typesof Cases
Court Procedures
Civil Law
CriminalLaw
Step 1 Fold a sheet of paper intothirds from top to bottom.
Reading andWriting As you readthe chapter, recordwhat you learn aboutcriminal and civil casesand court proceduresin the appropriatespaces on yourfoldable table.Step 3 Unfold, turn the paper, and
draw lines along the folds.Step 4 Label your table as shown.
Lindsay Hebberd/CORBIS
Chapter Overview Visit the CivicsToday Web site at civ.glencoe.comand click on Chapter Overviews—Chapter 16 to preview chapterinformation.
Sequencing Events Use agraphic organizer like theone below to show thesteps in a civil lawsuit.
Reading to Learn
• What are the varioustypes of civil law?
• What are the steps in acivil lawsuit?
Civil CasesSECTION
364 Chapter 16 Civil and Criminal LawMark Burnett
In November 2000, residents of PalmBeach County in Florida filed a civil lawsuitagainst the Palm Beach County CanvassingBoard, claiming their civil rights had beenviolated. The suit sought damages totaling$250,000 for stripping the right to votefrom several American citizens. Theplaintiffs claimed that the ballot format wasmisleading and deceptive, causing them tocast votes for candidates other than thecandidate for whom they intended to vote.This civil suit and others like it brought widemedia attention because the outcome of thepresidential election of 2000 was at stake.
Types of Civil LawsuitsThe civil cases filed over the election in Florida led to a
recounting of votes and reached the Supreme Court. TheSupreme Court’s ruling eventually led to George W. Bush win-ning the presidency. In civil cases the plaintiff—the partybringing a lawsuit—claims to have suffered a loss and usuallyseeks damages, an award of money from the defendant. Thedefendant—the party being sued—argues either that the lossdid not occur or that the defendant is not responsible for it.The court’s job is to provide a place to resolve the differencesbetween the plaintiff and the defendant. Lawsuits involvingdamages of a few thousand dollars or less are often handled ina small claims court, and the people involved may act as theirown attorneys. Lawsuits involving more money, however, oftenrequire lawyers and juries in larger civil courts.
The American judicial system hears many different kinds ofcivil lawsuits. Lawsuits may involve property disputes, breachof contract, or family matters, such as divorce. Many lawsuitsdeal with negligence, or personal injury. A negligence suit isfiled when a person has been injured or killed or when prop-erty has been destroyed because someone else has been care-less or negligent.
A disputed election
1.2.
3.4.
5.
Suits in EquityA special type of lawsuit is a suit in equity.
Equity is a system of rules by which disputesare resolved on the grounds of fairness. Inthis type of suit, a person or group seeks fairtreatment in a situation where there is noexisting law to help decide the matter. Often,people bring suits in equity to prevent a dam-aging action from taking place. An equitycourt could require an action to stop a wrongbefore it occurred. For instance, a group ofAmericans could file a suit in equity to try toprevent their state from building a highwaythrough a local park.
A judge, not a jury, usually decidessuits in equity. When deciding such a suit,the judge may issue an injunction, whichis a court order commanding a person orgroup to stop a certain action. For exam-ple, in the case just mentioned, a judgemight issue an injunction to stop construc-tion of the highway.
Identifying What do civillawsuits usually involve?
What Happens in a Civil Case?We will use an imaginary case to follow
the steps of a civil lawsuit. Imagine that youhave slipped on a neighbor’s icy sidewalkand suffered a broken wrist. You feel thatyour neighbor should have cleared the side-walk of snow and ice to keep it safe, and infailing to do so, you believe he is responsi-ble for your injury.You want your neighborto pay you for the costs of your medicalcare and lost time at work, as well as tocompensate you in cash for your pain andsuffering.You decide to sue your neighbor.
Bringing Suit You start the process by hiring a lawyer,
who files a complaint with the propercourt.The complaint is a formal statementnaming the plaintiff and the defendant anddescribing the nature of the lawsuit. Thecourt then sends the defendant a summons,a document telling him of the suit againsthim and ordering him to appear in court ona given date and time.
John
Neu
bau
er/P
hoto
Ed
it
Civil Cases Lawsuits involving major sums of money often go to civil courtwhere they are heard by a jury. What is the first step in filing a civil lawsuit?
John
Neu
bau
er/P
hoto
Ed
it
The Defendant’s Response The defendant may respond to the
charges by having his own attorney file an“answer” to the complaint.The answer willeither admit to the charges or offer reasonswhy the defendant is not responsible for theinjuries that the plaintiff is claiming. Thecomplaint and the answer together arereferred to as pleadings.
Before going to trial, the lawyers oneach side have an opportunity to checkfacts and gather evidence by questioningthe other party and possible witnesses.Thisprocess is called discovery.The purpose ofthe discovery phase is for each side to try toavoid any surprises at the trial.
Pretrial Discussions The judge appointed to hear the case
might call a pretrial conference with both
parties to help clarify differences betweenthe two sides and prepare for the trial. Atthis stage you and your lawyer might cometo the conclusion that your case looks weak,and you may decide to drop the suit.
On the other hand, your neighbor andhis lawyer may conclude that your case isvery strong and that you are likely to winyour suit. They may, therefore, offer you asettlement. This is similar to the plea bar-gaining process in criminal cases, exceptthat the parties usually agree on an amountof money that the defendant will pay to the plaintiff.
Another way to resolve disputes is by aprocess called mediation, in which each sideexplains its side of the dispute and must lis-ten to the other side. A trained mediatorleads the discussions, acting as a neutralparty to keep communications open. Themediator does not decide the issue; insteadthe two sides decide the issue with themediator’s help. The two sides may alsoagree to submit their dispute to arbitration.Arbitration is a process conducted by a pro-fessional arbitrator who acts somewhat likea judge by reviewing the case and resolvingthe dispute.The arbitrator’s decision is usu-ally binding on all parties.
Either party in a lawsuit may propose asettlement at any time. This often happensduring the discovery phase as costs begin tobuild up and people become more willingto compromise. Most civil cases are settledbefore trial for several reasons. First, theoutcomes of many trials are hard to predict,and parties prefer the certainty of a negoti-ated outcome. Also, most courts have alarge backlog of waiting cases so it may beyears before a new case finally comes totrial. Finally, because trials are time-consuming and expensive, all the majorparticipants—the defendant, the insurer,the plaintiff, the judge, and the attorneys—are likely to prefer a settlement.
366 Chapter 16 Civil and Criminal Law
Civil Case Procedure
1
4
5
2
6
3
Plaintiff’sattorney filesa complaint.
Attorneys for both sidesexchange pleadingsdocuments.
Attorneys for plaintiff anddefendant argue case in court.
Court sendsa summonsto defendant.
Court givesa verdict.
Defendant’sattorney filesa writtenanswer.
Each year an enormous number of civilsuits are filed in American courts. Whendoes each side exchange the pleadingsdocuments?
Checking for Understanding
1. Key Terms Use the followingterms in complete sentences:plaintiff, defendant, injunction,complaint, summons.
Reviewing Main Ideas2. Compare How do suits of equity
differ from other civil lawsuits?3. Identify What do the pleadings
include? What is the purpose ofthe discovery phase of a civiltrial? Describe what happensduring this process.
Critical Thinking
4. Drawing Conclusions In youropinion, should mediation andarbitration be used to settlemost civil suits to prevent over-loading the court system?
5. Sequencing Information Use agraphic organizer similar to theone below to summarize thesteps involved in mediation.
Analyzing Visuals
6. Identify Review the proceduresof civil courts on page 366. Incivil court proceedings, what arethe two main functions of thecourt?
SECTION ASSESSMENT
Trial
If the parties do not settle, the case goesto trial. There may be a jury of 6 to 12members, or more likely, a judge will hearthe case alone.The plaintiff presents its sidefirst, followed by the defendant. Both sidesthen summarize their cases.
In criminal trials the prosecution mustprove the defendant guilty “beyond a rea-sonable doubt.” Civil cases have a lesserstandard. The plaintiff in a civil case has topresent only a “preponderance of evi-dence”—enough to persuade the judge orjury that the defendant, more likely thannot, was responsible for the incident thatcaused the damages.
After all the evidence has been pre-sented and the arguments made, the judgeor jury will consider the case and thendecide on a verdict, or decision, in favor ofone of the parties. If the plaintiff wins, aremedy is set. In this case, the remedymight be for your neighbor to pay yourmedical costs, replace your lost earnings,and compensate you for your pain and suf-fering with a cash payment. If the defen-dant wins, the plaintiff gets nothing andmust pay court costs.
Appeal If the losing side believes that the judge
made errors during the trial or some othertype of injustice took place, it may appealthe verdict to a higher court. In cases inwhich the plaintiff wins a large cash award,the defendant or the defendant’s insurancecompany will very often appeal to have theaward reduced. As a result, a winning plain-tiff may have to wait years before seeing anyof the money the court awarded, and mayeven end up with nothing.
Summarizing Why aremost civil cases settled before they go to trial?
�BE AN ACTIVE CITIZEN�7. Interview Talk with a friend or
relative who has been involved ina civil lawsuit. What was thenature of the case? How was thesuit resolved?
Chapter 16 Civil and Criminal Law 367
Steps in Mediation
Direct ExpendituresThe moneys paid out by individuals, businesses,and governments to cover their expenses areknown as direct expenditures. The direct dollarsspent on civil and criminal justice by federal,state, and local governments total more than$135 billion per year. Expenses include thesalaries of people who work within the justicesystem. Find out about public law–related jobsby contacting your local justice office or court.
GUIDE TO READING
Main Idea
Criminal cases follow alegal procedure fromarrest to the verdict andsentencing.
Analyzing InformationOutline the proceduresthat take place in a crimi-nal case after an arrest ismade, using a graphicorganizer similar to theone below.
Read to Learn
• What are the generaltypes of criminalcases?
• What procedures docriminal cases follow?
Criminal CasesSECTION
368 Chapter 16 Civil and Criminal LawJohn Neubauer/PhotoEdit
The Bill of Rights established thatpersons accused of committing a crime have theright to be represented by lawyers. The SupremeCourt has interpreted that right to mean that if a defendant cannot afford a lawyer, the court will appoint one to represent him or her.Court-appointed attorneys are called publicdefenders. Connecticut’s Division of PublicDefender Services seeks to dispel some myths about public defenders. Public defenders are not inexperienced, rather they are skilled attorneys who specialize in criminal law and practice their profession every day in the courtroom by representing their clients.
Types of CasesIn criminal law cases the government charges someone
with a crime and is always the prosecution—the party whostarts the legal proceedings against another party for a viola-tion of the law.The person accused of the crime is the defen-dant. A crime is an act that breaks a federal or state criminallaw and causes harm to people or society in general. Crimesare defined in each state’s written criminal laws, called thepenal code. A state’s penal code also spells out the punish-ments that go with each crime. Penal codes establish classi-fications, or degrees of seriousness, for certain crimes to setappropriate penalties. In general, the more serious the crime,the harsher the punishment will be.
In Chapter 15 we divided crimes into two main groups—serious law violations called felonies and minor violationscalled misdemeanors. Whereas persons convicted of misde-meanors may be fined or sentenced to one year or less in jail,persons convicted of felonies could be imprisoned for one yearor more. In the case of murder, the punishment could bedeath. Felonies can, in turn, be classified in terms of who orwhat was harmed when a crime was committed.
Steps in Criminal Cases
A judge delivers a verdict.
Chapter 16 Civil and Criminal Law 369
Penalties for CrimesPeople who are accused and convicted
of crimes are usually punished by finesand/or imprisonment, depending on thenature and severity of the crime. Criminalpenalties serve several functions.They pro-vide punishment so that a criminal pays foran offense against a victim or society. Theyhelp protect society by keeping dangerouscriminals confined in prison. In this way,lawbreakers cannot continue to commitcrimes and harm others. Criminal penal-ties can also keep other people from com-mitting the same crimes by serving aswarnings or examples to deter others.Finally, criminal penalties are intended tohelp prepare lawbreakers for reenteringsociety after their prison terms have ended.Through counseling, education, and voca-tional training, some prisons help inmateslearn skills that will help them lead pro-ductive lives after prison.
Some prisoners may be eligible forparole after serving part of their sentences.This means that a parole board reviews arequest for parole and decides whether ornot to grant a prisoner early release fromprison. If parole is granted, the personmust report to a parole officer until thesentence has expired.
Critics of the parole system claim thatmany sentences end up much shorter thanintended because of it. In answer to this crit-icism, some states have established manda-tory sentencing, which means that judgesmust impose whatever sentence the lawdirects. Opponents of mandatory sentenc-ing, though, claim that in some cases, thejudge must impose harsher sentences thanthe circumstances of the case justify. Othersystems of sentencing include indeterminatesentences, in which a judge gives a minimumand maximum sentence. A set range of sen-tences applies to each kind of crime. Under
Violent CrimeProperty Crime
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
SouthNortheastMidwestWest
3,701.53,517.2
2,620.9
4,162.8
520.9 427.8 443.4 580.6
C16 02C 825989
CR
IMES
PER
10
0,0
00
PEO
PLE
U.S. Regional Crime Rates in 2000
This graph compares crime rates in the West, Midwest, Northeast,and South. Which section of the country had the highest violentcrime rates in 2000? Which had the highest property crime rates?
Gerd Ludwig/Woodfin Camp & Assoc.
370 Chapter 16 Civil and Criminal LawThe New Yorker collection 1996 J.B. Handelsman from cartoonbank.com. All rights reserved.
any system, similar crimes should receivesimilar punishments, but judges have someleeway in considering the unique circum-stances of each individual case.
Types of Felonies The crimes that Americans tend to fear
most are crimes against people. These areviolent or potentially violent crimes such asmurder, manslaughter (the accidental killingof a person), assault (physical injury orthreat of injury), rape, and kidnapping.
Crimes against property are the mostcommon types of crime. Burglary, robbery,and theft are all forms of larceny, the takingof property unlawfully. Vandalism (thedeliberate destruction of property) and
fraud (taking property by dishonest meansor misrepresentation) are other commoncrimes against property.
Some crimes, such as unauthorizedgambling or the use of illegal drugs, are con-sidered victimless crimes or crimes againstmorality because there is no victim to bringa complaint. Because of this, laws regardingthese crimes are very hard to enforce.Although some people argue that these actsshould not be considered crimes becausethere are no victims, victimless crimes can infact harm others. For instance, people fre-quently steal to get money to purchase ille-gal drugs, and victimless crimes could becommitted by criminal gangs who commitother violent crimes against society.
Describing What does itmean if a prisoner is granted parole?
What Happens in a
Criminal Case?The criminal justice system is the system
of state and federal courts, judges, lawyers,police, and prisons that have the responsibil-ity for enforcing criminal law. As you willlearn in Section 3 of this chapter, there is aseparate juvenile justice system with specialrules and procedures for handling cases deal-ing with young people, called juveniles, whoin most states are people under the age of 18.
Criminal cases follow several steps. Ateach step defendants are entitled to theprotections of due process guaranteed inthe Bill of Rights. Criminal cases beginwhen police and other law enforcementofficers arrest a person on suspicion of hav-ing committed a crime.
Arrest Officers make arrests if they have wit-
nessed a suspected crime, if a citizen hasmade a complaint or report of a crime, or if
Analyzing Visuals Under the Miranda rul-ing of 1966, police officers must informsuspected criminals of their rights. In whatways does the Miranda ruling help protectthe United States Constitution?
Chapter 16 Civil and Criminal Law 371
a judge has issued an arrest warrant. Whenthe arrest is made, the officers will read thesuspect his or her rights. As you recall fromChapter 15, as a result of the SupremeCourt ruling in the case of Miranda v.Arizona in 1966, all police officers mustinform anyone they arrest of the followingfour rights:• The right to remain silent; any statement
made can be used against you in court.• The right to have an attorney present
during any questioning.• The right to have a court-appointed
attorney if you cannot afford one.• The right to stop answering questions at
any time.The suspect is taken to a local police
station and booked, or charged with acrime. As part of the booking process, thepolice fingerprint and photograph the sus-pect. During that time he or she is allowedto call a lawyer. If the suspect cannot afforda lawyer, the state will provide one.
Hearing, Indictment, andArraignment
A few hours after being booked, thesuspect appears in court and is informed ofthe charges against him or her. At this timethe prosecution must show the judge thatthere is probable cause—a good reason—for believing that the accused committedthe crime with which he is charged. Thejudge then either sends the accused back tojail, sets bail for him, or releases him on hisown recognizance, which means theaccused is released without having to paybail. Instead, the accused promises toappear in court when called.
As noted in Chapter 15, in federalcourts and many state courts, grand juriesare used to decide whether a personshould be indicted—formally chargedwith a crime. In some states, a preliminaryhearing is used instead of a grand jury
Procedure in aCriminal Case
Arrest
Acquittal Sentencing
Preliminary Hearing
Trial
Indictment
Arraignment
Police arrestand book suspect
Defendantfound notguilty andgoes free
Defendantfound guilty
Judgesentencesdefendant
Suspect appearsbefore a judge
Grand jury (or judge)hears evidence andformally charges thesuspect with the crime
Defendantpleadsnot guilty
Trial dateis set
Defendantpleadsguilty andaccepts aplea bargain
Bail is set
Prosecution and defensepresent cases to jury(or judge)
Jury (or judge)reaches verdict
If a person pleads guilty toa crime in an arraignment,the case does not go totrial. What are two possi-ble verdicts in a trial?
372 Chapter 16 Civil and Criminal Law
indictment. In some cases, when a grandjury is not used, the prosecutor files an“information,” which claims that there issufficient evidence to bring the accusedperson to trial. If the judge agrees, theaccused is indicted.
The defendant then appears in courtfor a procedure called an arraignment.He or she is formally presented with thecharges and asked to enter a plea. If thedefendant pleads not guilty, the case con-tinues. If the defendant pleads guilty, he or she stands convicted of the crime, and the judge will determine a punishment.Another option is for the defendant toplead no contest.This means that he or shedoes not admit guilt but will not fight theprosecution’s case. The effect is much thesame as for a guilty plea.
Plea Bargaining Sometimes after review-ing the charges and evidence against a sus-pect, a defendant’s lawyer may encouragehim to accept a plea bargain. A plea bargainis an agreement in which the accused personagrees to plead guilty, but to a lesser charge.By accepting a plea bargain, the defendantavoids a time-consuming and lengthy trial. Italso ensures that a person will be punishedfor committing a crime.
Trial If the case goes to trial, the defense has
much work to do. The lawyer interviewswitnesses, studies the laws affecting thecase, and gathers as much information aspossible. Although criminal defendantshave a constitutional right to a jury trial,many give up that right and have their casestried before a judge alone in what is calleda bench trial. If the defense does ask for ajury trial, the first step when the trial startsis to choose the jurors. Both sides selectpotential jurors from a large pool of resi-dents within the court’s jurisdiction. Bothsides try to avoid jurors who might be unfa-vorable to their side. Either side can rejecta certain number of jury candidates with-out having to give reasons and can ask thejudge to dismiss others for various causes.
After the jury has been chosen, thelawyers for each side make an openingstatement in which they outline the casethey will present. The prosecution anddefense then present their cases in turn.Each side calls witnesses who swear thattheir testimony—the answers they givewhile under oath—will be “the truth, thewhole truth, and nothing but the truth.”
After a witness testifies for one side, theother side is allowed to cross-examinehim or her. The questions asked in cross-examination are often designed to make thewitness’s original testimony appear unreli-able or untrue. Finally, each side makes aclosing statement highlighting the testimonyand evidence that support it and question-ing the other side’s testimony and evidence.The judge then “instructs” the jury, orexplains the law that relates to the case.
The Verdict and Sentencing
The last part of a trial begins when thejury goes off to think over and discuss thecase and reach a verdict. After choosing a foreman or forewoman to lead the
Preventing CounterfeitingIn 1990, new security features wereadded to American currency—a securitythread that glows green in ultravioletlight, microprinting around the borderof the portrait, and enlarged, off-center portraits. A watermark, identi-cal to the portrait, is visible from bothsides of the bill when you hold it upto a light source.
Checking for Understanding
1. Key Terms Use the followingkey terms in a paragraph thatrelates to criminal cases: crime,arraignment, testimony, cross-examine, acquittal, hung jury.
Reviewing Main Ideas2. Identify What are four functions
of penalties for crimes? How arethose convicted of crimes usu-ally punished?
3. Define What is the basic proce-dure of a criminal case? Outlineand describe each step in acriminal case.
Critical Thinking
4. Drawing Conclusions Why doyou think judges allow somesuspects to be released on theirown recognizance?
5. Summarizing Information Whatis the jury’s job? Outline thefunctions of the jury on a chart similar to the one below.
Analyzing Visuals
6. Infer Review the procedures incriminal cases on page 371.What occurs if a defendantpleads guilty and accepts a pleabargain? What happens if adefendant pleads not guilty?
SECTION ASSESSMENT
discussion, the jurors review the evidenceand legal arguments they have heard. Jurydeliberations are secret and have no set timelimit. Finally, they vote on whether thedefendant is guilty or not guilty. To decidethat a person is guilty, the jury must find theevidence convincing “beyond a reasonabledoubt.” Most states require a unanimousvote. If a jury feels that the prosecution hasnot proven its case, it can decide on acquit-tal. Acquittal is a vote of not guilty. Thedefendant is then immediately released.
Sometimes a jury cannot agree on a ver-dict, even after days of discussion and manyvotes. When that happens, the judgedeclares a hung jury and rules the trial amistrial. With a mistrial, the prosecutionmust decide whether to drop the charges orask for a retrial.
If a defendant is found guilty, the judgesets a court date for sentencing. In somecases, a jury recommends a sentence. Moreoften, however, the judge decides on the sen-tence after considering the defendant’s fam-ily situation, previous criminal record,employment status, and other information.
Sentences oftenspecify a period oftime to be spent inprison. Today vic-tims of the crimeare often allowedto make state-ments about thesentence, and judges may take those state-ments into account. Sentences may includefines or a set number of hours spent doingcommunity service work.
If the defendant is found guilty, thedefense may, and often does, appeal theverdict to a higher court. (If the case was acapital case, or one involving the deathpenalty, the appeal could go directly to thestate supreme court.) Usually the appealcontends that the judge made errors or thatthe defendant’s constitutional rights wereviolated. If the jury votes not guilty, how-ever, the Fifth Amendment prohibitionagainst double jeopardy bars the prosecu-tion from appealing the verdict.
Explaining What does thedefendant do during the arraignment?
�BE AN ACTIVE CITIZEN�7. Research Read a local or
national newspaper to find anongoing or recent criminal case.Describe the procedures of acriminal case using details fromthe particular case you’ve found.
Chapter 16 Civil and Criminal Law 373
Duties of Possible JuryJury Votes/Outcomes
Student Web Activity Visitciv.glencoe.com and click onStudent Web Activities—Chapter 16 to learn moreabout court systems.
Background of the CaseIn 1942 the Supreme Court, in Betts v. Brady, ruledthat the Sixth Amendment did not require states toappoint attorneys for people who could not affordthem. By way of the Fourteenth Amendment, however,it held that states were required to supply lawyers incases that held the death penalty. In June 1961,Clarence Earl Gideon of Florida was accused of theft,a non-death penalty crime. Gideon mistakenlybelieved the Supreme Court had entitled him to court-appointed counsel, and so asked for a lawyer. Hisrequest was denied, so Gideon defended himself inan intelligent but inadequate manner. The judge sen-tenced him to five years in prison.
The Supreme Court agreed to hear the case afterGideon himself wrote and sent his own petition fromhis prison cell. Because only lawyers may speakbefore the Supreme Court, a Washington, D.C., attor-ney was appointed for Gideon. A Florida lawyer repre-sented Louie Wainwright, head of the state’s prisons.
The DecisionThe Court’s ruling came on March 18, 1963. JusticeHugo L. Black wrote the unanimous decision:
We accept Betts v. Brady’s assumption . . . thata provision of the Bill of Rights which is“fundamental and essential to a fair trial” ismade obligatory upon the States by theFourteenth Amendment. We think the Court inBetts was wrong, however, in concluding thatthe Sixth Amendment’s guarantee of counsel isnot one of these fundamental rights. . . . anyperson hauled into court, who is too poor tohire a lawyer, cannot be assured a fair trialunless counsel is provided for him.
The Court thus overturned Betts. Under the “dueprocess” clause of the Fourteenth Amendment, itfound the Sixth Amendment guarantee of counselbinding on state as well as federal courts.
Why It MattersAlthough some states by 1963 already providedcourt-appointed lawyers in non-death penalty cases,the Gideon decision assured this protection in all thestates. Gideon was retried and found not guilty.
374 Chapter 16 Civil and Criminal LawBettmann/CORBIS
Gideon v. WainwrightGideon v. Wainwright
In the 1930s, the Supreme Court ruled thatthe Sixth Amendment requires the governmentto supply lawyers for those defendants whocannot afford one in all federal cases. How did poor defendants acquire Sixth Amendmentrights in state courts?
Clarence Earl Gideon 1. How did the Gideon ruling affect the earlierBetts decision?
2. How did the Court apply theFourteenth Amendment inGideon?
GUIDE TO READING
Main Idea
When young people, orjuveniles, commit crimes,the American judicial system treats them differently from adults.Juvenile criminal casesfollow a general standard procedure.
Key Terms
juvenile, juvenile delinquent, rehabilitate
Reading Strategy
Contrasting InformationIn a diagram similar tothe one below, write howjuveniles and adults aretreated differently in theAmerican criminal system.
Read to Learn
• What are the stages inthe juvenile justice system?
• What role does rehabilitation play inthe juvenile justice system?
Young People and the Courts
SECTION
In the eighteenth century, children asyoung as seven could be tried and sentenced in thesame criminal courts as adults. Then, in 1825, theSociety for the Prevention of Juvenile Delinquencyfounded a shelter that tried to correct the behaviorof young criminals instead of simply punishingthem. These earliest reformers were called “childsavers.” Cook County, Illinois, established the firstjuvenile court in 1899, and followed the doctrineof parens patriae—“the State as parent.” Thismeant it was the state’s duty to protect and guard the interests of the child.
Causes of Juvenile DelinquencyEvery state designates a certain age at which people
become adults in the eyes of the criminal justice system.Anyone under that age—18 in most states—is considered ajuvenile, someone who is not yet legally an adult. Our systemtreats young people who commit crimes—called juveniledelinquents—somewhat differently from adults. All states andthe federal government, however, allow older juveniles who arecharged with very serious crimes or already have criminalrecords to be tried as adults.
Children and teenagers commit many crimes each year.Some of these crimes are misdemeanors such as shoplifting.Others, however, are serious crimes such as armed robbery,rape, or murder. Studies have shown that children who areabused or neglected, or who suffer emotional or mental prob-lems, are more likely than others to get into trouble with the law.They have also shown that children who grow up in poverty, inovercrowded and rundown neighborhoods where drug and alco-hol abuse are common, are more likely to become delinquents.
Although these factors may contribute to juvenile delin-quency, they do not explain why some young people commitcrimes. Many children who suffer abuse and live amid povertynever have trouble with the law, while children from all back-grounds can become juvenile delinquents.
A young girl hearsthe chargesagainst her.
Chapter 16 Civil and Criminal Law 375John Neubauer/PhotoEdit
BothJuvenile
OffendersAdult
Offenders
376 Chapter 16 Civil and Criminal Law
Stages in the Juvenile
Justice SystemWhen juveniles are charged with com-
mitting crimes, their cases are handled inseparate courts, called juvenile courts. Theprimary goal of juvenile courts is to try torehabilitate, or correct a person’s behav-ior, rather than punish the person. Nearlythree-fourths of juvenile court cases begin
when police arrest young people for crimes.The rest result from petitions to the courtsthat school administrators, store managers,or others in contact with children havefiled. Parents who cannot control thebehavior of their children also may petitiona court for help. This means that childrencan be put into the juvenile justice systemwithout having been accused of a crime—for example, if they have repeatedly runaway from home.
The juvenile court system was set up inthe late 1800s as a result of judicial systemreforms. Before then, juvenile offenders, orlawbreakers, over age 14 were treated likeadults. They received the same sentencesand were sent to the same prisons as adults.Now the guiding principle of juvenilecourts is to do whatever is in the best inter-est of the young people.
Juvenile courts handle basically twotypes of cases: neglect and delinquency.Cases of neglect involve juveniles who areneglected or abused by their caregivers. Ajuvenile court has the power to place theseyouths with other families in foster homes,where they will be protected and cared for.Delinquency cases involve juveniles whocommit crimes. Juvenile courts also han-dle cases in which juveniles perform actsthat are considered illegal for juveniles butnot for adults, including running awayfrom home, skipping school, or violatingcurfew laws.
Diversion or Detention When a juvenile is arrested, the police
notify his or her parents or caregivers.Depending on the crime, the young per-son may be sent home or kept in a juveniledetention center until it is time to appearin court.
Most police departments have officerswho handle juvenile cases. These officersoften have the authority, especially in
AP/Wide World Photos
Marian Wright Edelman(1939– )Marian Wright Edelman once toldan interviewer that she “neverfor a moment lacked a purposeworth fighting, living, or dyingfor.” At first, Edelman found her “purpose” in the civil rightsmovement of the 1950s and1960s. Then, in 1973, sheorganized the Children’s DefenseFund (CDF). The CDF’s mission
is to win programs to keep children healthy, inschool, and out of trouble.
Edelman, the youngest of five children,credits her parents with teaching her to helpother people. “Working for the community wasas much a part of our existence as eating andsleeping,” Edelman recalled. With their sup-port, she obtained a law degree from Yale andwent on to become the first African Americanwoman to practice law in Mississippi. She alsoserved as a leader in the NAACP Legal Defenseand Education Fund.
By the 1980s, Edelman’s work with the CDFhad earned her the reputation as “the chil-dren’s crusader.” Today the CDF is the leadinglobby on behalf of children, especially thesome 14.3 million children who live in poverty.
Chapter 16 Civil and Criminal Law 377
nonviolent cases, to divert juveniles awayfrom court and into special programs.Because the emphasis is on rehabilitation—improving the young person’s behavior—rather than punishment, the system hascounseling, job-training, and drug-treatmentprograms that juveniles can be diverted into.
Even if juveniles are eventually divertedfrom the system, they may be held in cus-tody at first, while authorities decide how toproceed with the case. In such a case, ajudge will hold a detention hearing todetermine whether the juvenile might bedangerous to himself or others.Young peo-ple judged to be dangerous are candidatesfor further confinement.
The Trial For juveniles who continue to be held,
the next stage is a preliminary hearing. Asin the adult system, the purpose of this pro-cedure is to determine whether there isprobable cause to believe that the youngperson committed the crime as charged.
The court procedure for juveniles issimilar to adult trials, but with importantdifferences. For example, at the courtappearance, the juvenile and his or hercaregivers meet with their lawyer, thejudge, the police officer who made thearrest, and the probation officer who inves-tigated the case. This meeting or hearing issimilar to a trial, but it is less formal. Onlythe parties involved may attend the hearing.As in a trial, both sides are allowed to calland cross-examine witnesses. There is nojury, however. Juveniles do not have theright to a jury trial. In most cases the judgedecides whether the juvenile is delinquentor nondelinquent.
The juvenile court system tries to pro-tect juveniles by keeping the identity ofoffenders secret and not allowing the pub-lic to view their criminal records. In somecases, those criminal records can be erased
when the offender becomes an adult. Inaddition, when juveniles are arrested, theyare not fingerprinted or photographed.
Some states have been experimentingwith peer juries made up of other juveniles.Jury members receive special training onthe philosophy of the juvenile justice sys-tem. Typically, peer juries are used only forthe sentencing stage, and the defendantmust agree to the use of a peer jury.
If a juvenile has been found delinquent,or guilty, the court holds another hearing todecide the disposition of the case—theequivalent of sentencing.
Juvenile court judges can sentence juve-nile offenders in different ways. They maysimply send them home with a stern lec-ture, or they may place offenders with aprevious history of delinquency in a specialtraining school, reformatory, treatment
Peer Juries Peer juries are used to divertnonviolent juvenile offenders from formalcourt action. Jury members are usually vol-unteers selected by the chief of police orother officials, and the sentence usuallyincludes community service. Why do youthink juvenile courts are using peer juries?
Bob Daemmrich
378 Chapter 16 Civil and Criminal Law
Checking for Understanding
1. Key Terms Contrast the follow-ing terms in a sentence:juvenile, juvenile delinquent.
Explain the term rehabilitate byusing it in a sentence related tothe juvenile court system.
Reviewing Main Ideas2. Identify What are two factors
that contribute to juvenile delinquency?
3. Describe What is the primarygoal of juvenile courts?
Critical Thinking
4. Making Judgments Do youagree with the use of peerjuries? Why or why not?
5. Summarizing Information In agraphic organizer like the onebelow, list the options judgeshave when sentencing juvenileoffenders.
Analyzing Visuals
6. Infer Review the photograph ofa peer jury on page 377. Wouldyou call the use of peer juries aninnovative development? Explainyour answer.
SECTION ASSESSMENT
center, or teen shelter. Often the juvenileformally agrees to attend school or obey hisor her caregivers during a probationaryperiod. If the young person successfullycompletes probation, the charges will bedropped and the matter will be removedfrom the record. Juveniles who are neg-lected or have poor home lives may becomewards of the court.The court becomes theirguardian and can supervise them untiladulthood. Judges may place juveniles withserious mental or emotional problems in ahospital or institution. Because of theemphasis on rehabilitation, however, a judgecan divert a juvenile from the system evenafter he or she has been found delinquent.
Describing What does itmean to “divert” a juvenile from the courtsystem?
Supreme Court RulesIn 1967 the Supreme Court established
several rules for juvenile criminal cases. Forinstance, the parents or guardians of thejuveniles must be notified of the arrest assoon as possible. Juveniles and their caregivers must be notified in writing of all
the charges against them. Juveniles have theright to an attorney and the right to remainsilent. Juveniles also have the right to con-front witnesses against them.
These rights were established by the In re Gault Court case. In the 1967 case,15-year-old Gerald Gault of Phoenix,Arizona, was charged with making indecenttelephone calls to a neighbor. His parentswere not informed of his arrest. During thehearing that followed, Gault did not have anattorney present and the neighbor was notquestioned.The judge sentenced Gault to areformatory until the age of 21—a period ofsix years. If Gault had been an adult, hissentence would have been a $50 fine and afew months in jail.
The Supreme Court overturned thejudge’s decision and established that juve-niles have the right to counsel, the right toconfront witnesses, and the right not to beforced to incriminate themselves. JusticeAbe Fortas wrote the majority opinion stat-ing, “Whatever may be their precise impact,neither the Fourteenth Amendment nor theBill of Rights is for adults alone.”
Concluding Why was theGault case important?
�BE AN ACTIVE CITIZEN�7. Interview Visit a juvenile deten-
tion center in your community.Find out about the rehabilitationprograms offered there and reportyour findings in a brief report.
Options forJuvenile Court
Judges
Chapter 16 Civil and Criminal Law 379
Citizenship
Problem SolvingWhy Learn This Skill?Solving problems does not end with mathclass. Individuals and societies alike mustsometimes resolve difficult issues. Whetherthe problem is serious or not, a solidapproach to solving it can lead to a faster andmore satisfactory end.
Learning the SkillFollow these steps in a problem-solving situation:• Define the problem. Recognize why you have
the problem and what needs to change.• Look at all sides of the issue. Are others
involved? How are they affected?• Keep your emotions in check. Anger, fear, or
anxiety can stand in your way.• Draw on past experience. What have you
done or seen others do that could help?• Consult an authority. You might do research
to learn more facts or talk with an authorityfigure you trust.
• Take action. Face the problem directly andavoid delays that might make the problemgrow worse.
Practicing the SkillRead the passage on this page. Then on aseparate sheet of paper, answer the followingquestions.
How did Nick definehis problem?
What other people concerned him?When did he apply past experience?What actions did Nick take?
4
3
2
1
Think of a problem that exists in your schoolor local community. Using the steps in prob-lem solving, draw up a plan for a solution tothe problem.
Applying the Skill
Practice key skills with Glencoe’sSkillbuilder Interactive WorkbookCD-ROM, Level 1.
Nick slammed his book bag into the cornerof his room. “Who would do something like thatto me?” he yelled.When he opened the bag atschool this morning, a packet of drugs fell out.Nick grabbed it up right away, but he knowsseveral other kids around his locker saw it.
Nick’s sure somebody slipped the drugsinto his book bag at the party last Friday afterschool. Could it have been his friend Zach?Zach’s been acting kind of weird lately. Thenext morning, Nick felt determined. Somehowhe had to find out if Zach did it and makesure his own name was in the clear.
When Nick got to his locker that morning,he waited for some of the kids with lockersnear his. Nick explained to them about thenot-very-funny trick somebody had played onhim. He was careful, though, not to bringZach’s name into it.
After the last bell rang in the afternoon,Nick headed into Coach’s office. “You did theright thing by talking to me,” Coach assuredhim. “If Zach is the culprit, he needs to knowit’s not funny. It’s also important to know thathe isn’t thinking about doing drugs himself.Come back tomorrow and bring Zach withyou. We’ll talk.”
PhotoDisc
Reviewing Key TermsWrite the key term that matches each definitionbelow.
1. to correct a person’s behavior rather than topunish him or her
2. an act that breaks a criminal law
3. the party bringing the lawsuit
4. a criminal procedure in which the accused isformally presented with charges and asked toenter a plea
5. the party being sued
6. a court order commanding a person or groupto stop a certain action
7. a young person who commits a crime
8. a vote of not guilty
9. a formal statement naming the plaintiff anddefendant and the nature of the civil lawsuit
10. a jury that cannot agree on a verdict
Reviewing Main Ideas11. What are four types of lawsuits?
12. What are the two main types of crime? Howdo they differ?
13. What happens during the verdict and sen-tencing parts of a criminal trial?
14. What is plea bargaining and why is it animportant part of the legal process in crimi-nal cases?
15. What happens during the hearing phase of acriminal case?
16. Identify four rules the Supreme Court hasestablished for juvenile cases.
17. What special protections do the juvenilecourts provide for juveniles?
18. What is the purpose of a suit in equity?
Critical Thinking19. Analyzing Information Do you think civil
cases should be tried before a jury? Why orwhy not?
Section 1
• Civil law includesdisputes over rights,property, oragreements.
• In a civil lawsuit, theplaintiff files acomplaint against thedefendant and thedefendant responds.
Section 3
• When a juvenile is arrested, the policemust notify his or her parents or caregivers.Then a preliminary hearing is held, followedby a court appearance. There is no jury injuvenile court cases.
• The primary goal of juvenile courts is to tryto rehabilitate, or correct the behavior, ofoffenders.
Section 2
• Criminal cases aredivided into two maingroups—felonies andmisdemeanors.
• Criminal cases followcertain steps.
Using Your Foldables Study OrganizerUse the foldable you created during thestudy of this chapter to summarize thecourt procedures in civil and criminalcases into two flowcharts. Use only yourcompleted foldable to create the civiland criminal case flowcharts.
20. Drawing Conclusions How does the ideaof “guilty beyond a reasonable doubt” pro-tect the rights of defendants? Organize youranswer by using a graphic organizer similarto the one below.
Analyzing VisualsExamine the graph on page 369 and answerthe following questions.
21. In general, which types of crimes occurmost often in the United States, violentcrimes or property crimes?
22. Which region of the country experiences theleast amount of crime overall?
Practicing Skills23. Problem Solving Describe a decision
you might face today or in the near future,such as the choice to go to college or get a job after high school. List the steps of the problem-solving process. At each step,write down questions and information youwould consider and what your answersmight be. Evaluate what you think would beyour best option.
Economics Activity24. Individuals and businesses seek to protect
themselves from civil lawsuits by purchas-ing liability insurance. Liability insurancehelps cover legal fees and the damagesclaimed by the plaintiff. Damages mayinclude physical injury, destroyed property,or violations of contracts. Contact a localinsurance agent to collect information onthe various types of liability policies, rangingfrom automobile insurance to malpracticeinsurance. Summarize your findings in aninformational pamphlet.
25. In groups of four, prepare arguments, pro orcon, for debating the following statement:The Miranda rule should be suspended socriminals can be prosecuted more easily.Support your arguments with opinions, infor-mation from the text, and other research.Debate this issue with the rest of the classby allowing each group to present its position to the class. Then hold a classvote to see what position is supported bymost class members.
Technology Activity26. Search the Internet to find information on
juvenile law in your state. Use the informa-tion you find to create a flowchart showingthe process that juveniles accused ofcrimes must follow in your state.
Self-Check Quiz Visit the Civics Today Web site atciv.glencoe.com and click on Self-Check Quizzes—Chapter 16 to prepare for the chapter test.
