Vocabulary Indictment- Determines if there is enough evidence for a defendant to go to trial Arraignment- Defendant is officially informed of charges and enters a plea Subpoena- Legal document that orders someone to testify Prosecution- The Federal or State government that brings charges against a defendant in a criminal trial. Conviction- The accused is found guilty in court. Acquittal- The accused is found innocent in court. Plaintiff- The side that brings a lawsuit in a civil case. Defendant- Whom the lawsuit is filed against or the accused in a criminal case.
Transcript
Vocabulary
Indictment- Determines if there is enough evidence for a defendant to go to trial
Arraignment- Defendant is officially informed of charges and enters a plea
Subpoena- Legal document that orders someone to testify
Prosecution- The Federal or State government that brings charges against a defendant in a criminal trial.
Conviction- The accused is found guilty in court.Acquittal- The accused is found innocent in court.Plaintiff- The side that brings a lawsuit in a civil case.Defendant- Whom the lawsuit is filed against or the
accused in a criminal case.
Warm up?
Explain the difference between the Prosecution and Defense.
EQ
EXPLAIN THE CRIMINAL AND TRIAL PROCESS?
Conflicts and the Judicial Process
Addressing Conflicts
Conflict Resolution is the ability to end a dispute/conflict in a manner acceptable to both sides Debate Negotiation Compromise
Leaders hope that debate and negotiation will lead to a consensus All parties are in
agreement…this process is called consensus building
Jurisdiction of Courts
Original jurisdiction (authority to hear a case first)
Appellate Jurisdiction (authority to review the decisions of a court having original jurisdiction)
Concurrent Jurisdiction (both having authority to hear a case)
Exclusive Jurisdiction (only the federal courts can hear the case) Lawsuit against US Gov’t
State Courts
NC Supre
me Court
•Highest Court in State, exercises appellate jurisdiction over all lower court decisions
•Strike down laws that violate the NC Constitution
NC Court
of Appeal
s
•Intermediate appellate court
•Appellate jurisdiction over decisions made in Superior/District courts
Superior
Courts
•Also called general trial courts, they have jurisdiction over more serious criminal cases and civil cases
•Appellate jurisdiction over district court
District Courts
•Also known as lower courts, they have jurisdiction over misdemeanor and civil cases involving small claims
Federal Courts
US District courts act as the federal court systems trial courts for criminal/civil cases
District Courts original jurisdiction: Violation of federal law Lawsuits involving the
US Cases involving Maritime
Law Disputes between parties
in different states
Special Courts Original jurisdiction
over certain kinds of cases Court of International
Trade US Court of Federal
Claims US Tax Court
US Court of Appeals Jurisdiction over cases
heard by US District, Special and State Supreme Court
US Supreme Court Appellate jurisdiction over all fed/state courts Declares acts Congress, President & laws
unconstitutional
Federal Courts
US Supreme
Court
US District Court
State Supreme
Court
US Special Court
US Appeals Court
Judicial process
Adversarial System Attorney vs. Attorney The Judge makes sure
the proper procedures are followed
1. Crime and Arrest Person charged is
the defendant, attorney for the gov’t is the prosecutor
2. Indictment or Complaint
Used to protect the accused
Determines if there is enough evidence to go to trial
3. Arraignment Defendant is
officially informed of charges and enters a plea
Guilty, not guilty, or no contest
Bail
4. The Trial5. The Verdict
Court Docket Schedule of court
proceedingsPlea Bargaining
Defendant agrees to plead guilty
Pre-Trial Motion Motion filed in a legal
brief to request that certain evidence be thrown out
Bailiffs Court law enforcement
officer
Criminal Trial
1. Opening statements Made by both attorneys
2. Each side calls witnesses by means of a subpoena
Each attorney may cross examine the witnesses
Witnesses who lie are guilty of perjury
3. Closing arguments Last chance for either
attorney to persuade the jury
4. Deliberation The jury discusses the trial
and comes up with a verdict
5. Verdict Not guilty- defendant is free
and can’t be tried again (double jeopardy)
Guilty- Judge sets a date for sentencing. However, in a capital case the jury must deliberate again to decide if convicted should be executed
Hung jury- jury was unable to come to a decision and a mistrial is declared
Prosecution must retry the defendant
Civil Proceedings
Sometimes referred to as “torts”
Involve disputes between private citizens and businesses
Begins when the plaintiff files a lawsuit seeking damages
The defendant is served with a summons
Civil Conflict
When conflicts between individuals can not be resolved Legal action is often the next step. Cases that involve a small
amount of $ take place in small claims court
Many cases never go to court and are settled by a pre-hearing settlement
Arbitration When the two disputing
sides invite a 3rd party to help them find a solution
Appeals Process
Appeal Those found guilty or who
lose civil cases may file an appeal to a higher court
Issue of Law or Fact Issue of facts asserts that
certain facts, or new evidence should be given consideration
Issue of law asserts that trial procedures were not properly followed or their rights were violated
Rights of victims
Oral arguments Both attorneys attempt
to convince the panel of judges
Majority Opinion Written statement that
describes court decision
Dissenting Opinion Written statement by
judges who didn’t agree with decision
Concurring Opinion
GRAPHIC ORGANIZER
EQ
EXPLAIN THE CRIMINAL AND TRIAL PROCESS?
Reflection What state court has jurisdiction over crimes that are considered
misdemeanors? What state court has jurisdiction over more serious crimes? What state court would you Appeal a case to after a verdict has
been reached in the NC Superior Court? What is the highest state court? What cases does the US District court (federal) have original
jurisdiction? What are 3 examples of Special Courts? What kind of Jurisdiction does the US Supreme court have? What is Writ of Certiorari? What does the term “adversarial” imply about our US Judicial
system? How is an indictment and complaint used to protect the accused? What happens at an arraignment? Why would someone agree to a plea bargain? What is it called when a jury fails to reach a consensus? What are two reasons someone can appeal to a higher court?
Closing
What type of jurisdiction is involved if someone kills a person in South Carolina and then kills again in Maine?
Mr. Mumbly Joe was convicted in NC Superior Court of armed robbery. What two reasons can Mumbly appeal his case? To where is he appealing his case?
