Legal Process

• Criminal Cases


  a court determines whether a person accused of breaking the law is guilty or not guilty (etc.) of a misdemeanor or a felony

  
• Criminal law 


  a person commits a crime

  
• Misdemeanor


  small crime

  
• Felony


  serious crime, so the procedure has more steps to ensure due process

  
• Criminal process for felony cases

  1. A person is accused of a crime; may be arrested if police have probable cause.
  2. The accused may be committed to jail or released on bail.
  3. The case proceeds to an arraignment where probable cause is reviewed, the defendant may be appointed an attorney, and a plea is entered.
  4. A court date is set and a trial is conducted.
  5. A guilty verdict may be appealed to the Court of Appeals or directly to the Supreme Court in certain cases.

  
• Civil Cases


  In these cases, a court settles a disagreement between two parties (settles the agreement to keep people civil or agreeable)
• Civil cases procedure

  1. The plaintiff files a complaint to recover damages or receive compensation
  2. The case can be heard by a judge or jury
  3. The case can be appealed to the Court of Appeals and the Supreme Court

  
• In all cases involving juveniles, judges have greater flexibility for deciding punishment, and in some cases, the juveniles can be tried as an adult

  
• Due Process of law


  the constitutional protection against unfair government actions and laws

  
• Dur process is protected by the:

  • 5th Amendment - Prohibits national government from acting unfairly to the accused
  • 14th Amendment - Prohibits state and local governments from acting unfairly to citizens