Criminal and Civil Court

The Basics

Steps in a Criminal Case

1.Investigation and Arrest:

Either may happen first. It depends upon the

crime.

Steps in a Criminal Case

2. Initial Appearance: Suspect is brought before a judge who reads them

the charges If misdemeanor (minor crime

punished by fine or jail less than 1 yr.) Plead guilty and pay a fine OR Plead not guilty and a court date is set

If felony, (major crime, Seven deadly sins) a court date is set for preliminary hearing. Suspect will be either: Released OR Have a bail amount set OR Held in jail with no bail

Georgia’s "Seven Deadly Sins" law was passed in 1995.

The law mandates, for a first felony offense, a non-parolable sentence of at least 10 years in prison for

1.Rape2.Armed Robbery3.Kidnapping4.Aggravated sodomy5.Aggravated sexual battery6.Aggravated child molestation,7.Murder

3. Preliminary Hearing or Grand Jury

1. Prosecution tries to prove they have enough evidence for a trial

The defendant is not allow to present any evidence

2. In a Preliminary Hearing they present it to a judge

3. In a Grand Jury they present it to a jury of citizens

4. If there is enough evidence an arraignment date is set

5. If there is not enough evidence the case ends

6. In some states the Prosecutor can skip this step by filing an “information”.

This is the prosecutor officially testifying that he has enough evidence to go to court.

4. Arraignment1. Defendant enters one of four pleas:

1. Not Guilty2. Not Guilty by Reason of Insanity3. Guilty4. Nolo Contendere – “I will not

contest.” not admitting guilt but will take the punishment (only in some states—yes GA)

2. If Guilty or ‘Nolo’ is plead, judge decides a sentence

3. If either ‘Not Guilty’ plea is given, a court date is set.

5. Trial

1. Both lawyers have opening statements

2. Prosecution presents its evidence3. Defense presents its evidence4. Both lawyers have closing

arguments5. Prosecution must prove “beyond

a reasonable doubt” that the defendant is guilty.

6. Decision1. Judge can explain the law to the jury2. Jury deliberates in private3. Jury delivers verdict to the court---

must be unanimous in nearly all criminal cases.

4. If verdict is “Not Guilty” then defendant is free

5. If verdict is “Guilty” or “Not Guilty by Reason of Insanity” then move on to sentencing.

7. Sentencing

1. Judge determines sentence.2. In some cases this may not happen right

away3. In the case of a death penalty case, there

is a second trial to determine the verdict4. A sentence can be:

1. Time in prison2. Money3. Community Service4. Anything else the judge can think of (in

some states)

Plea Bargaining

1. In 90% of cases, before a case goes to trial, the Prosecution and Defense make a deal—plea bargain.

2. Sometimes for a lesser offense. Sometimes for a specific sentence.

3. The judge is told the deal, but the judge is under no obligation to follow the deal.

However, usually they do.

Now to Civil Law ---COMMON LAW or CASE LAW MOST IMPORTANT BASIS OF THE AMERICAN

LEGAL SYSTEM

MADE BY JUDGES IN THE PROCESS OF RESOLVING INDIVIDUAL CASES

4 Types of Civil Law

1. Contract Disputes – Disputes over what was

agreed upon Disputes over

nonperformance

4 Types of Civil Law

2. Property Law –1. Disputes over who owns

property2. Disputes over sales of

property

4 Types of Civil Law

3. Family Law – Marriages, Divorces,

Child Custody

4 Types of Civil Law

4. Torts or Civil Wrongsa. Intentional Torts – Deliberate

acts that result in harm to a person or property

b. Negligence – Harm caused to a person or property because of reckless or careless behavior

http://www.youtube.com/watch?v=0cMCaZt2xCY

How much can I sue for? Usually, you can only sue for the amount Usually, you can only sue for the amount

of damage actually done.of damage actually done.1. Part of the case will be proving the value and/or

proving how much you lost2. Damages will only be awarded for ‘actual’

value/loss and not for ‘future’ or ‘possible’ gain3. However, don’t forget about “lost wages” and

“pain and suffering”

5 Steps in a Civil Case1. Hire a Lawyer2. File a Complaint with the Court

The court notifies the defendant

3. Pretrial Discovery Both sides gathering information and data

4. Trial Much like a criminal case, except often there is

no jury, only a judge

5. Award Jury/Judge determines amount Usually Judge can modify a jury decision

Bargaining?

Just like in Criminal cases, often civil cases end early with an agreementThe court is notified of the agreement and the case ends

Mediation – having a third party try to resolve the dispute In some courts this is required

Defenses

Reasonable doubt - The state must prove the defendant is guilty “Beyond a Reasonable Doubt” 

The judge or jury cannot have any question as to the facts the state has presented in alleging the defendant committed the crime 

If there is any doubt, then the jury must find in favor of the accused

Alibi - An alibi is a credible source of evidence that a person accused of a crime was in fact in another place, and not at the scene at the time a crime was committed

Insanity - The inability to distinguish right from wrong The person knows what they are doing is wrong, but due

to mental illness they are unable to control their behavior

Defenses Self-Defense - The defendant doesn’t deny doing the

act, but claims they were simply responding to the other

person’s aggressive and threatening actions. Age – cannot be tried for a crime if 13th or younger at time

the crime is committed (Georgia)

Ignorance of the Law - Not a Defense - if ignorance of law was an excuse then any person charged with a criminal offense or subject of a civil suit can claim that he or she was unaware of the law in question and avoid liability