lesson5_background information_final 美国司法制度.pptVIP

IV. Civil Case vs. Criminal Case In a civil case, the person who feels he or she has been wronged decides whether or not to bring suit against the defendant. The person also decides how much money in damages to seek. The person cannot request that the defendant go to jail except in unusual cases where the defendant may have violated a court order. In a criminal case, the prosecutor or a grand jury decides whether to initiate criminal proceedings, that is, to charge the defendant with violating a law. V.Criminal Court Criminal Court hears cases ranging from minor offenses (misdemeanors) such as traffic infractions to serious ones like robbery and murder (felonies). The state or prosecutor makes the charge against someone accused of committing a crime because a crime is considered an act against society. The prosecuting attorney presents the charge against the accused person (defendant) on behalf of the state (plaintiff), and must prove to the judge or jury that the defendant is guilty beyond a reasonable doubt. In all criminal cases, the defendant is presumed to be innocent. That means he or she may not be convicted unless proved guilty beyond a reasonable doubt. VI. Trial Pattern: Key Words Both felony and misdemeanor cases go to trial only rarely. Most (over 90 percent) are disposed of by defendants pleas of guilty. Whether the case involves a felony or misdemeanor, the trial follows the same pattern. First, the district attorney, on behalf of the State of California, files an information (a written charge against a defendant filed in superior court after a preliminary examination) or an indictment (a written accusation presented upon oath by a grand jury that a person has committed a crime). VI. Trial Pattern: Key Words Not-Guilty Plea: When a defendant enters a plea of not guilty, the case proceeds to trial. The jury is selected, 12 people plus alternate jurors if the trial is expected to be long. At the trial, lawyers on each side of the case may make b