Civil and Criminal Court Cases

Civil Courts

Civil courts help people settle disputes. This is the procedure in a civil case:

1. The plaintiff files a complaint to recover damages and receive compensation (payment for the loss).

2. A judge or jury hears the case.

3. If the defendant is found liable (responsible), the plaintiff is awarded damages by the jury.

4. The case can be appealed to the Court of Appeals or the Supreme Court.

Steps in a Criminal Court Case

II. Criminal courts determine the guilt or innocence of an arrested person, and any possible punishment.

Misdemeanor ~ a lesser crime. A judge in a small local court (general district court) handles these trials.

Felony ~ a serious crime, like robbery, murder, rape, or arson. A judge or jury in the state circuit courts hears these trials.

1. The police investigate the crime and look to make an arrest. In order to arrest someone the police need either (1) an arrest warrant, or (2) probable cause.

The police make an arrest, and the accused person is read the Miranda Warning.

Miranda v. Arizona (1966) ~ Ruled that all suspects must be read their rights when arrested.

2. The suspect is taken to the police station, where they are photographed and fingerprinted. They are allowed to contact a lawyer.

3. The suspect and lawyer appear before a local judge for a preliminary hearing. The judge hears the charges and decides on bail.

When it comes to bail, a judge may do one of three things:1) The judge may grant bail. Bail is money a

suspect pays to ensure that he or she will return for their trial. At the trial, bail money is returned.

2) The judge may deny bail and remand the suspect into police custody.

3) The judge may release the suspect on his/her own recognizance (called OR). This means the judge trusts the suspect to come back to trial without needing to pay bail.

4. The case goes to the grand jury. A grand jury is made up of regular jurors who decide if there is enough evidence to hold a trial. If the grand jury believes there is enough evidence to have a trial, it issues an indictment (a formal charge). Otherwise, the suspect is released due to lack of evidence.

5. After the court has decided to charge a suspect with a crime, an arraignment is held. At the arraignment the suspect enters a plea (guilty or not guilty) and a court date is set.

6. Plea bargaining ~ at this time the suspect might agree to plead guilty now to avoid a trial. Taking a plea now might allow the suspect to get either a lesser charge or a lighter sentence. Guilty pleas cannot be appealed.

7. The suspect can choose to have a jury trial, with a 6 to 12 person jury, or a bench trial, with only a judge to hear the case.Before a jury trial begins, the jury must be selected. Other people involved with the case may receive a subpoena, a court order to appear in court, usually to offer testimony. A summons is a court order to appear to answer charges or respond to a complaint.

8. The trial is held. 9. After all evidence and testimony have been presented, the jury will leave to deliberate. If the jury feels the suspect is innocent, or that the prosecution did not prove his or her guilt, it can decide on acquittal, a vote of not guilty.

Juries must be unanimous. If a jury cannot all agree on a verdict, the judge can declare them a hung jury, and rule the trial a mistrial. When a mistrial occurs the prosecution must decide whether to drop the charges or ask for a retrial.

If the jury sends back a guilty verdict, the judge sets a court date for sentencing.

10.At sentencing, the judge or jury decides on the punishment. It is based on the crime itself, the suspect’s criminal history, and his or her family situation.

A suspect can be sent to jail or prison, or be required to pay a fine, or both.

Jail is for sentences of up to a year.

Prison is for sentences of more than a year.