CIVIL AND CRIMINAL LAW CHAPTER 16 CIVIL LAW

CIVIL AND CRIMINAL LAW CHAPTER 16

CIVIL LAW LESSON 1

TYPES OF CIVIL LAW • DOESN’T INVOLVE CRIME, BUT DISPUTES BETWEEN: • TWO OR MORE INDIVIDUALS • PERSON VS. COMPANY • TWO OR MORE COMPANIES • THE GOVERNMENT • PEOPLE BELIEVE THEY HAVE BEEN HARMED BY SOMEONE ELSE’S ACTIONS • CIVIL LAW CAN INVOLVE A COURT CASE THAT STARTS WITH A LAWSUIT

• FOUR BRANCHES OF CIVIL LAW: • 1. CONTRACT LAW • CONTRACT: A SET OF PROMISES BETWEEN AGREEING PARTIES THAT ARE ENFORCEABLE BY LAW • FAILURE TO KEEP PROMISE COULD LEAD TO LAWSUIT • DOESN’T HAVE TO BE WRITTEN = ORAL (SPOKEN) CONTRACT • REVIEW CONTRACTS CAREFULLY BEFORE SIGNING • 2. PROPERTY LAW • INCLUDES RULES THAT MUST BE FOLLOWED IN BUYING AND SELLING LAND/BUILDING • OWNER MUST HAVE PAPERS PROVING THEY HAVE THE RIGHT TO SELL • ALSO COVERS THE WAY PROPERTY IS CARED FOR AND USED • EX: FIXING A LEAKY ROOF AT A RENTED PROPERTY

• 3. FAMILY LAW • INVOLVES BIRTH, ADOPTION, MARRIAGE, DIVORCE, AND DEATH • 4. PERSONAL INJURY • WRONGFUL ACTIONS THAT CAN CAUSE INJURY TO ANOTHER PERSON OR DAMAGE TO PROPERTY • TORT: A WRONGFUL ACT, OTHER THAN BREAKING A CONTRACT, FOR WHICH AN INJURED PARTY HAS THE RIGHT TO SUE • TWO TYPES: • 1. INTENTIONAL = DELIBERATE ACT THAT CAUSES HARM • 2. NEGLIGENCE: A LACK OF PROPER CARE OR ATTENTION • OCCURS WHEN SOMEONE DOES SOMETHING THAT A REASONABLE PERSON WOULD NOT HAVE DONE OR WHEN SOMEONE FAILS TO DO SOMETHING A REASONABLE PERSON WOULD HAVE DONE • DISAGREEMENT OVER WHAT IS “REASONABLE” = LAWSUIT

THE LEGAL PROCESS IN CIVIL CASES • PLAINTIFF: THE PERSON WHO FILES A LAWSUIT • DEFENDANT: THE PERSON WHO IS BEING SUED • THE PROCESS BEINGS WHEN PLAINTIFF’S LAWYER FILES ACOMPLAINT: A FORMAL NOTICE THAT A LAWSUIT HAS BEEN SERVED • STATES THE WRONG THAT DEFENDANT COMMITTED • COULD ALSO ASK FOR DAMAGES: MONEY ORDERED BY A COURT TO BE PAID FOR INJURIES OR LOSSES SUFFERED • WHEN COMPLAINT IS FILED, COURT SENDS OUT ASUMMONS: A NOTICE DIRECTING SOMEONE TO APPEAR IN COURT TO ANSWER A COMPLAINT OR A CHANGE

BEFORE THE TRIAL: • DEFENDANT’S LAWYER MAY RESPOND TO COMPLAINT • LAWYERS PREPARE CASE ON EACH SIDE • DISCOVERY: A PROCESS BY WHICH LAWYERS HAVE THE OPPORTUNITY TO CHECK FACTS AND GATHER EVIDENCE BEFORE A TRIAL • SOMETIMES PARTIES AGREE TO THE TERMS TO SETTLE THE SUIT = SETTLEMENT • EX: PAY MONEY, ADHERE TO A CONTRACT, ETC. • SETTLEMENTS CAN TAKE PLACE AT ANY TIME (EVEN AFTER TRIAL HAS BEGUN) • MANY ARE DONE THIS WAY B/C TRIALS CAN BE LONG AND EXPENSIVE

THE TRIAL • IF PARTIES DO NOT SETTLE TRIAL • USUALLY DECIDED BY A JUDGE, BUT EITHER SIDE CAN ASK FOR A JURY • JUDGE STILL PRESIDES TO MAKE SURE EVERYTHING DONE CORRECTLY AND FAIRLY • PLAINTIFF PRESENTS SIDE FIRST, THEN DEFENDANT • LAWYERS FROM EACH SIDE CAN QUESTION WITNESSES • BOTH SIDES SUMMARIZE CASES AT THE END • JUDGE/JURY DECIDE VERDICT IN FAVOR OF ONE PARTY • IF DEFENDANT WINS, PLAINTIFF GETS NOTHING (AND PROB HAS TO PAY COURT FEES) • IF PLAINTIFF WINS, JUDGE/JURY SETS AMOUNT OF DAMAGES DEFENDANT MUST PAY • SOMETIMES MORE OR LESS THAN ORIGINAL AMOUNT • SOMETIMES ADD PUNITIVE CHARGES MONEY DEFENDANT MUST PAY FOR BAD CONDUCT (INTENTIONAL TORTS)

AFTER THE TRIAL • THE LOSER HAS THE RIGHT TO APPEAL • DEFENDANT OVERTURN VERDICT OR LESSEN DAMAGES • MORE ACTION NEEDED IF DEFENDANT DOES NOT PAY DAMAGES • PLAINTIFF MUST GET A COURT ORDER TO FORCE PAYMENT • JUDGE CAN ORDER FOR MONEY TO BE DEDUCTED FROM PAYCHECK OR PROPERTY TAKEN AND SOLD

CRIMINAL LAW LESSON 2

CRIME AND PUNISHMENT • CRIME: AN ACT THAT BREAKS A LAW AND CAUSES HARM TO PEOPLE OR TO SOCIETY IN GENERAL • EX: SHOPLIFTING, PURPOSELY SETTING A FIRE, STEALING A CAR, MURDER • PENAL CODE: A STATE’S WRITTEN CRIMINAL LAW AND THE PUNISHMENT GIVEN • EACH STATE & FED GOV HAS ONE • MOST CRIMES BREAK STATE LAWS STATE COURTS AND STATE PRISONS

• TWO TYPES OF CRIMES: • MISDEMEANOR: MINOR CRIME FOR WHICH A PERSON CAN BE FINED A SMALL SUM OF MONEY OR BE JAILED FOR UP TO A YEAR • EX: SIMPLE ASSAULT; THEFT < $100 • FELONY: MORE SERIOUS CRIME PUNISHABLE BY MORE THAN ONE YEAR IN PRISON OR DEATH • EX: MURDER, RAPE, KIDNAPPING, ROBBERY • SOME CRIMES CAN BE EITHER ONE • • • STEALING DEPENDS ON AMOUNT ($100) VANDALISM DEPENDS ON DAMAGE DONE DRUNK DRIVING

• CRIMES CAN ALSO BE GROUPED BY… • 1. AGAINST PROPERTY • EX: THEFT/VANDALISM • EX: STEALING FROM A STORE (THEFT - MISDEMEANOR) • 2. AGAINST PEOPLE = “VIOLENT CRIMES” • MORE SERIOUS • STEALING FROM A PERSON (THEFT – FELONY) • THE MORE SERIOUS THE CRIME, THE HARSHER THE PUNISHMENT • MIN. AND MAX. PENALTIES FOR EACH CRIME • SENTENCE: THE PUNISHMENT GIVEN TO SOMEONE FOUND GUILTY OF COMMITTING A CRIME • JUDGES CAN GIVE DIFFERENT SENTENCES FOR THE SAME CRIME B/C OF THE CIRCUMSTANCES IN EACH CASE

• SOME PRISONERS GET PEOPLE (EARLY RELEASE) AFTER SERVING PART OF THEIR SENTENCE • IF PAROLE IS GRANTED, THEY MUST REPORT TO PAROLE OFFICER UNTIL SENTENCE IS OVER • PURPOSES OF PUNISHMENT • PUNISH PERSON TO PAY BACK SOCIETY • PROTECT SOCIETY BY LOCKING UP DANGEROUS PEOPLE • WARN OTHERS TO NOT COMMIT CRIMES • HELP CRIMINALS CHANGE BEHAVIOR THROUGH COUNSELING, JOB TRAINING, EDUCATIONAL PROGRAMS

CRIMINAL CASE PROCEDURE • AT EACH STEP, BILL OF RIGHTS PROTECTS RIGHTS OF ACCUSED FOLLOW DUE PROCESS – • GOV IS PLAINTIFF CALLED THE PROSECUTION • THE GOVERNMENT IN ITS ROLE AS THE PARTY WHO STARTS THE LEGAL PROCEEDINGS AGAINST SOMEONE ACCUSED OF A CRIME (DEFENDANT)

1. ARREST AND BOOKING • POLICE BELIEVE CRIME HAS BEEN COMMITTED • BEGIN GATHERING EVIDENCE TO CONVINCE JUDGE TO GIVE ARREST WARRANT (NAME AND CRIME) • WHEN ARREST IS MADE MIRANDA WARNING • TAKEN TO POLICE STATION OF BOOKING • MAKE RECORD OF ARREST • SUSPECT PHOTOGRAPHED/FINGERPRINTED

2. PRELIMINARY HEARING • SUSPECT BROUGHT BEFORE A JUDGE TO BE CHARGED • PROSECUTION SHOWS JUDGE PROBABLY CAUSE FOR WHY THEY BELIEVE SUSPECT COMMITTED CRIME • IF SO, JUDGE EXPLAINS CHARGES TO SUSPECT AND APPOINTS LAWYER (IF NEEDED) • IF MISDEMEANOR… • SUSPECT PLEADS GUILTY AND RECEIVES SENTENCE OR • SUSPECT PLEADS NOT GUILTY AND JUDGE SETS DATE FOR TRIAL • IF FELONY… • JUDGE SETS DATE TO HEAR MORE ABOUT CASE • SUSPECT EITHER SENT BACK TO JAIL OR RELEASED ON BAIL (OR PROMISE IN WRITING)

3. INDICTMENT, ARRAIGNMENT, AND PLEAS • INDICT: OFFICIALLY CHARGE SUSPECT W/ CRIME • DONE BY GRAND JURY OR JUDGE • IF EVIDENCE NOT STRONG ENOUGH, CASE IS DISMISSED • THEN ARRAIGNMENT ACCUSED PLEADS… • GUILTY = CASE OVER, PERSON SENTENCED • NOT GUILTY = DATE SET FOR TRIAL • LAWYERS MIGHT DISCUSS PLEA BARGAINING • THE PROCESS IN WHICH A DEFENDANT AGREES TO PLEAD GUILTY TO A LESS SERIOUS CRIME IN ORDER TO RECEIVE A LIGHTER SENTENCE • IF BOTH SIDES AGREE, NO TRIAL • SAVES TIME/MONEY • MOST CASES END THIS WAY

4. THE TRIAL • DEFENDANTS HAVE RIGHT TO JURY TRIAL, BUT CAN CHOOSE JUDGE • IF JURY JURORS MUST BE CHOSEN • EACH LAWYER MAKES OPENING STATEMENT OUTLINING THEIR SIDE • PROSECUTION THEN DEFENSE • EACH SIDE OFFERS EVIDENCE AND WITNESSES GIVE TESTIMONY BY ANSWERING QUESTIONS • CROSS-EXAMINATION: THE QUESTIONING OF A WITNESS AT A TRIAL OR HEARING TO CHECK OR DISCREDIT THE WITNESS’S TESTIMONY • THEN EACH SIDE MAKES CLOSING STATEMENT (SUMMARY)

5. VERDICT, SENTENCING, AND APPEALS • JURY DECIDES VERDICT IN A PRIVATE ROOM (NO TIME LIMIT) • MUST DECIDE UNANIMOUSLY PERSON IS GUILTY “BEYOND A REASONABLE DOUBT” • IF THEY CANNOT DECIDE, JUDGE DECLARES MISTRIAL (NO VERDICT) • PROSECUTION MUST DECIDE TO TRY AGAIN • IF FOUND NOT GUILTY DEFENDANT SET FREE • IF FOUND GUILTY JUDGE SETS SENTENCING DATE • VERY SERIOUS CRIMES MAY NEED EXTRA HEARING TO DISCUSS BACKGROUND FOR SENTENCING • PEOPLE FOUND GUILTY OF FELONIES USUALLY APPEAL TO HIGHER COURT • NOT A RETRIAL, BUT MAKING SURE RIGHTS WEREN’T VIOLATED OR NO ERRORS MADE

THE JUVENILE JUSTICE SYSTEM LESSON 3

JUVENILE JUSTICE • CHILDREN WHO COMMITTED CRIMES WERE ONCE TREATED LIKE ADULTS • JAILED W/ ADULTS, WITH LONG PRISON TERMS • SEVERE PUNISHMENTS LIKE BEATINGS BY GUARDS • MID 1800 S: PEOPLE BELIEVED JUVENILES COMMITTED CRIMES BECAUSE OF FAMILY FAILURE • PARENTS FAILED TO TEACH PROPER VALUES • CHILDREN TAKEN FROM PARENTS TO LEARN RIGHT FROM WRONG INSTEAD OF BEING PUNISHED • FIRST JUVENILE COURT IN COOK COUNTY, CHICAGO, ILLINOIS (1899)

• MANY SUPPORTED TRYING TO REHABILITATE YOUNG OFFENDERS’ BEHAVIOR • DEFINITION: TO CORRECT A PERSON’S BEHAVIOR • BUT CHILDREN STILL NEEDED TO BE PUNISHED FOR CRIMES • THESE TWO AIMS CREATED THE JUVENILE JUSTICE SYSTEM THAT EXISTS TODAY • 1960 S: SYSTEM NEEDED TO BE CHANGED • TOO MUCH EMPHASIS ON PUNISHMENT • SOMETIMES CHILDREN TREATED MORE HARSHLY THAN ADULTS • SUPREME COURT RULED CHILDREN HAVE THE SAME LEGAL RIGHTS AS ADULTS: • RIGHT TO BE TOLD CHARGES AGAINST THEM • RIGHT TO AN ATTORNEY • RIGHT TO CROSS-EXAMINE WITNESSES AGAINST THEM • RIGHT TO REMAIN SILENT WHEN QUESTIONED • “GUILTY BEYOND A REASONABLE DOUBT”

• 1990 S: JUVENILE CRIME RATE WAS RISING • STATE LEGISLATURES PASSED LAWS REQUIRING HARSHER PENALTIES FOR JUVENILES AND ADULTS • MADE IT EASIER FOR YOUNG OFFENDERS TO BE TRIED IN ADULT COURTS • EVERY STATE HAS THEIR OWN LAWS FOR HANDLING JUVENILE DELINQUENTS • A CHILD OR TEENAGER WHO COMMITS A SERIOUS CRIME OR REPEATEDLY BREAKS THE LAW • ANYONE UNDER 18 (SOME STATES = 16) • ANYONE OLDER IS TRIED AS AN ADULT • BUT JUVENILE CHARGED W/ FELONY LIKE MURDER OFTEN TRIED AS ADULT

• MINOR CRIMES = SHOPLIFTING OR VANDALISM • MORE SERIOUS CRIMES = ARMED ROBBERY, MURDER • CHILDREN WHO LIVE IN POVERTY ARE MORE LIKELY TO GET IN TROUBLE W/ THE LAW • ALSO THOSE WHO ARE ABUSED, NEGLECTED, OR SUFFER FROM EMOTIONAL/MENTAL PROBLEMS • TWO TYPES: • DELINQUENT OFFENDER: A YOUTH WHO HAS COMMITTED AN OFFENSE THAT IS PUNISHABLE BY CRIMINAL PROCESSES • STATUS OFFENDER: A YOUTH CHARGED WITH BEING BEYOND THE CONTROL OF HIS OR HER LEGAL GUARDIAN • COMMIT ACTS THAT WOULD NOT BE CRIMES IF DONE BY ADULTS • EX: RUNNING AWAY FROM HOME OR SKIPPING SCHOOL • COURT SUPERVISES THEM

THE JUVENILE COURT SYSTEM • TWO TYPES OF CASES: • 1. NEGLECT: YOUNG PEOPLE WHOSE CAREGIVERS ABUSE THEM OR FAIL TO CARE FOR THEM • JUVENILE COURT HAS POWER TO REMOVE CHILDREN FROM THEIR HOMES AND PLACE THEM W/ OTHER FAMILY • 2. DELINQUENCY: JUVENILES WHO COMMIT CRIMES • PROCESS OF HANDLING THESE CASES IS SIMILAR FROM STATE TO STATE…

THE INTAKE PROCESS • POLICE HAVE BROAD POWERS WHEN THEY TAKE A YOUNG PERSON INTO CUSTODY • CUSTODY: TAKING CHARGE OF SOMEONE IN AN OFFICIAL WAY • IF OFFENSE IS MINOR, POLICE CAN LET THEM OFF WITH A WARNING • THEY CAN ALSO REFER THEM TO A SOCIAL SERVICE AGENCY IF YOUTH NEEDS COUNSELING OR DRUG TREATMENT • IF OFFENSE IS SERIOUS OR YOUTH HAS PRIOR RECORD, POLICE CAN TURN HIM/HER OVER TO JUVENILE COURT • IN COURT SYSTEM, SOCIAL WORKER CARRIES OUT A REVIEW CALLED INTAKE TO DECIDE HOW THE CASE SHOULD BE HANDLED • ABOUT 1/3 LEAVE THE JUVENILE JUSTICE SYSTEM AT THIS POINT • SOME DISMISSED • SOME MOVED TO ADULT COURT • OTHERS GO THROUGH DIVERSION YOUTH RECEIVES COUNSELING, DRUG TREATMENT, OR OTHER SERVICES INSTEAD OF GOING TO COURT

THE HEARING PROCESS • THOSE WHO REMAIN IN THE SYSTEM FACE UP TO 3 HEARINGS: • 1. DETENTION HEARING: A JUVENILE COURT PROCESS THAT IS MUCH LIKE A PRELIMINARY HEARING IN ADULT CRIMINAL LAW • MUST SHOW THERE IS A GOOD REASON TO BELIEVE THE YOUTH COMMITTED THE CRIME • 2. ADJUDICATION HEARING: THE PROCEDURE USED TO DETERMINE THE FACTS IN A JUVENILE CASE • LIKE AN ADULT TRIAL, BUT CLOSED TO THE PUBLIC AND NO JURY • ATTORNEY FOR YOUTH PRESENTS EVIDENCE, CALLS WITNESSES, AND CROSS-EXAMINES WITNESSES FOR THE STATE • AT THE END, JUDGE FINDS YOUTH INNOCENT OR “DELINQUENT” (LIKE GUILTY VERDICT • 3. DISPOSITION HEARING: THE FINAL SETTLEMENT AND SENTENCING IN A JUVENILE CASE • JUDGE MAY GIVE PROBATION, WHICH MEANS YOUTH IS RELEASED AND ALLOWED TO REMAIN FREE AS LONG AS HE/SHE MEETS THE CONDITIONS SET BY THE JUDGE FOR A PERIOD OF TIME • IF YOUTH FOLLOWS THOSE CONDITIONS, CHARGES ARE DROPPED FROM RECORD • FOR MORE SERIOUS CRIMES, YOUTH SENT TO INSTITUTION FOR YOUNG OFFENDERS (SERVE 1 TO 3 YEARS)