Out of the over 350,000 cases brought to trial in the United States District Courts in 2016, almost 275,000 of them were civil and nearly 80,000 were criminal. No matter the type of case brought to court, both present evidence in front of a judge, resulting in a sentence after careful deliberation. Although there are multiple similarities between civil law and criminal law, there are many differences that differentiate the two as well. A criminal case deals with any sort of punishable offense against society. One notorious criminal case is The State of Florida vs. Casey Marie Anthony. In this case Anthony was accused of first degree murder, aggravated manslaughter of a child, and aggravated child abuse; this would be considered her nature …show more content…
In a criminal case, first the jury is selected, followed by a preliminary hearing where it is decided if there is enough evidence for the case to be brought up in the court of law, then an arraignment occurs where the defendant pleads guilty, not guilty, or no contest. After this, the plea hearing begins where the defendant can make an agreement with the prosecutor to make a plea bargain, which is pleading guilty to a less serious crime and giving up the right to a speedy public trial to avoid risk conviction of greater penalty for a more serious crime, after which the trail starts. During the trial, opening statements are given, evidence is presented, examination and cross-examination of witnesses take place, followed by closing statements. Once the trial is finished the judge instructs the jury and they leave to deliberate. The jury returns with their verdict only if the decision is unanimous, if it isn’t the judge orders a mistrial where the trial is called off completely or a new jury is selected. However, if the decision is unanimous, and the defendant is proven guilty then the sentence is given. Many steps to a civil trial correspond with a criminal trial. First, the jury is selected, then both sides have the chance to settle the case before taking it to court but if not, the trial begins. It starts with opening statements, then presentation of evidence, examination and cross-examination, …show more content…
In the criminal case, Florida vs. Anthony, the jury unanimously found Anthony not guilty of first-degree murder, aggravated manslaughter of a child, and aggravated child abuse, but guilty of four counts of providing false information to law enforcement. In the civil case between Liebeck and McDonalds, the verdict was comparative negligence. This means that the plaintiff is partially responsible for the injury. 80% negligence went to McDonalds and 20% to Liebeck. They ruled that the temperature warning label was too small and
This case involves the wrongful death of Bianca Barnes age 10 years old at a skating rink. On December 25, 2000 Bianca Barnes took a bus from her home in Ruleville to the Spotlite Skating Rink in Greenwood. Shortly after arriving at the rink Bianca fell once, hit her head and began to cry. After she stopped crying she decided to ride the bus back home and because her mom was at work she went to a neighbor’s home. Bianca’s mother didn't learn about the fall until the next day after the incident occurred, at the time Bianca became unconscious and was taken to the local hospital.
This part of the trial method is where the prosecutor shows his or her proof as to why the courtroom desires to continue with a tribulation. The defendant's lawyer has the threat to pass-examine any witnesses and to peer what precisely the proof is that the prosecutor is going to use in opposition to his or her purchaser. a few prosecutors, however, will choose to not conduct a preliminary listening to and could flow instantly into the Grand Jury section of a prison trial. they will pick out this to shield their witnesses and proof in order that this could be delivered out in the front of the Grand Jury. The initial listening to a section of the trial usually takes place five-6 days after an
asey Anthony known as a murderer, shouldn't of gotten away like she did. She is a lying crook. Casey Anthony should be put to death. She killed her daughter and she knows it. They have plenty of evidence to convict her but somehow she has gotten away with it.
A case study includes analysis of a particular criminal case or event that took place and is significant due to a number of reasons. A case study helps us learn about a particular type of case and how such a case is to be approached , how the results of the case are obtained and what it’s final outcome in terms of legal decisions is. A case study helps us form a more practical idea of theoretical things by giving us an example of a real life scenario. The following is a case study to make us understand about the importance of DNA sequencing to solve a crime case. THE CASE OF ANDREWS ( ANDREWS v. STATE OF FLORIDA, 1988) Case Details:
What is civil litigation? Gazewood & Weiner PC, in Anchorage, AK, is a law firm with an extensive civil litigation practice. Here, their attorneys explain what the term means. Civil litigation is the process of using the courts to resolve disputes between parties, such as individuals, businesses, or organizations. One party, known as the plaintiff, starts the litigation by filing a complaint in court against the other party, the defendant.
The American Jury System offers the United States citizens an opportunity to be proven guilty or innocent when a crime has been committed. The twelve person jury system was established in England hundreds of years ago. Originally this system was made up of twelve men and this was huge because they had the power to go against what the judge wanted in court. There are many vital points as to why our American jury system is successful; jury trials by the numbers, ownership by jury members towards the accused, how reliable or unreliable evidence is viewed by jurors, gender balance and the detailed screening process in which jurors are selected.
A man sits upon the stand as he hopes for the jury to plead him not guilty. The American Jury System has been in the United States Judicial Branch for over 385 years. The basis of a bench trial is that there is only a Judge that decides whether the accused is guilty or not guilty. Whereas on a jury trial the fate of the accused is proposed to the jury and they would decide whether he is guilty or not guilty. The jury trials provide fairness, it represents citizenship, and there is less of a bias than that of a bench trial.
Casey Anthony Murder Trial: The final verdict Clutching the hand of her defense attorney, Jose Baez, Casey Anthony began to sob as the verdict was read. Not guilty. The jury declined to convict her either of first degree murder or manslaughter. Casey Anthony was the mother of two year old Caylee Anthony.
According to the legal system, there are eight steps in a jury trial. These steps took several years to be put in placed around the country. The eight steps are the "selection of the jury, opening statement of both sides, presentation of evidences and witnesses, closing statement of sides, jury instructions, deliberations, verdict, and sentencing" (Zalman, 2011, p. 35). The first step of the jury trial is the jury selections, which is extremely beneficial to help, determined which jurors should severed on this jury. Both sides allowed examining all of the jurors to determine if there any difference in interest.
Why Fair Trials Should Live Up to Its Name The fathers of our nation believed that everyone has a right to a fair trial. However, when the fate of the defendant is put into the hands of a jury, it’s safe to say that prejudice comes into play. The two trials from the movie Twelve Angry Men by Reginald Rose and To Kill a Mockingbird by Harper Lee are perfect examples of how trials, in reality, aren’t as fair as they appear to be. Although the two trials differ in regard to the final verdict, they are similar in regard to having prejudiced juries and the fact that the defendants in both trials were innocent from the start.
The legislature of a state often serve as the backbone of a nation. They are the individuals and groups which handle the day to day local responsibilities that keep not only their state functioning but the nation in entirety. However not all legislatures are made equal, just as America is comprised of a sundry of varying cultures and peoples their leaders and how they lead are likely to vary as well. To grasp the differences which may exist between one states legislature to another one may not look any further than comparing them. Two states which serve perfectly for this role are Florida and Texas.
The film does an effective job in accurately portraying the events that occur in a criminal court case, which consist of “choosing a jury, opening statements, witness testimony and cross-examination, closing arguments, jury deliberation and verdict” according to FindLaw.com. To begin, Dawson and Downey are charged before the trial can take place, with the murder of Private William Santiago. This demonstrates the pre-trial step of arraignment or initial sentencing. Although the process of selecting a jury is omitted, it is briefly referenced. Kaffee does in fact mention that the jury will be made up of other Marines and officials qualified to preside over the case.
On June 1994, The Most Publicized criminal case in the history and the biggest controversial , theatre , drama case of the century emerged suddenly after Orenthal James Simpson was tried for the murder of Nicole His ex-wife ,and Ronald Her best friend . O.J Simpson aka “The juice” was one of the biggest football players in the NFL history ,Simpson’s was also an actor , and an extremely big figure in America . Eleven month of investigations resulted by a shocking verdict where Simpson was not guilty of two counts of murder . In contrast after that, a civil court held him responsible for their deaths .
Civil law is when harm is one individual does harm to the other. Criminal law is when an individual harms society. In civil and criminal law, the plaintiff or prosecutor has the right of burden to prove their case. On the other hand, the person being sued or the defendant must show why they are not responsible. In civil law, a person will either be liable or not liable while a person in a criminal case would be found guilty or not guilty.
The judge in the court room is to overlook proceedings from the bench and have certain tasks to ensure the trial process and ensure justice. The judge has to determine whether any evidence that the parties want to use is either improper or illegal. Before the deliberations begin, the judge gives instructions to the jury about standards deciding in the case. Finally, the judge will impose a sentence of the convicted defendant if found guilty (2015, July 24). The lawyer’s role is to contribute to speak to the judge, the witness and the jury.