Civil Action Vs Criminal Action Analysis

The next step in the criminal justice process that the defendant would experience is grand jury indictment or a preliminary hearing to establish probable cause. Prosecutors present evidence to a grand jury without the

The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to such flaws the criminal trial process is not always an effective means of achieving justice.

Following the arraignment of the accused, and where a plea of not guilty is entered, the accused is open to be tried by a jury made up of his peers. At this point it is said that he is put in their charge where he remains until such time as he chooses to change his plea to guilty, or until a final determination of his guilt or innocence is returned by the verdict of the jury.

The criminal courts are responsible for determining the guilt or innocence of the person that is accused (Griffiths, 2015, p.147). As well as the courts are supposed to conclude the appropriate sentence while protecting their rights of the accused. The outcome that comes from the criminal courts is that the judgement is made to be fair, impartial and no political intrusion. Furthermore, the main focus of the courts is the find the fundamental problems, the interagency and interdisciplinary collaboration and the accountability to the community. (Griffiths, 2015, p.147). The court is supposing to keep the fairness and equality through the society.

For instance, one aspect of the Rodriguez v. Firestone case and the first step in a civil case is the complaint. In civil lawsuit there is not a prosecution by the government but instead a plaintiff brings a claim of harm against the defendant. Here the Rodriguez claimed Firestone was responsible for the event that caused Rodriguez’s horrific road accident. Another major aspect of the civil system is the negotiation. This allows overzealous offers to be brought inline with more realistic compensation demands, which can aid in settling a case quickly. According to CNN after the trial started the two sides were able to reach agreement. An out-of-court settlement of ~$6 million was reported just four days into formal civil process (“Firestone suit settled for $7.5 million,”

The preliminary hearing is then held which determines if the prosecution obtained enough evidence and has enough probable cause to hold a trial (Schmalleger, 2008). Discovery, which refers to the first time the defense is allowed to view the evidence against the accused occurs at this stage (Schmalleger, 2008). The next step is arraignment; this is the first time the defendant is seen by a judge with enough authority to hold a trial (Schmalleger, 2008). At arraignment, the indictment against the accused is read; the accused enters a plea of either guilty, not guilty or no contest (Schmalleger, 2008). The last step involving the court is adjudication, which plainly means a trial by jury (Schmalleger, 2008). The trial then proceeds until both sides have presented their case and the jury reaches a decision (Schmalleger, 2008). If the jury cannot reach a decision the judge can declare a mistrial and the case can be retried (Schmalleger, 2008). If the accused waives the right to a trial by jury, the court will hold a bench trial which is a trial conducted and decided upon by the judge (Schmalleger, 2008).

Tort law enables citizens to seek reimbursement for loss and or suffering from conduct that would be deemed dangerous or unreasonable of others (3). Tort law is non criminal and is dealt with in our civil judicial system. The categories of Tort Law include intentional tort, negligence and strict liability.

Tort: A “Civil Wrong” Torts refer to a general classification covering civil causes of action

* The author will determine courtroom groups, how the groups interact daily, and recommend changes to the groups. The author will also describe prosecutor roles and the cases he pursues. Finally, the author will elaborate on the funnel of criminal justice with the backlog among the courtroom group, the court system, give an example, and explain how to eliminate backlog cases.

The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)

During the jury trial, the accused person will be represented either by a paid lawyer of his or her choice or by a court-appointed one. During the trial it is solely upon the prosecution to prove the guilt of the accused person, and it is up to the accused person and his representation to rebut the information the prosecution presents. When the jury has heard all of the evidence against the accused person, they will decide on whether the person is guilty or not guilty. If the accused person is found guilty by the jury, he or she will be sentenced according to the law. If the accused person is found not guilty by the jury, he or she will be able to return back into society as a free person.

The basic division in the structure of criminal courts is between the lower criminal courts – the local courts, Children’s court and Coroner’s court – and the higher criminal courts – the District Court and the Supreme Court. In observing proceedings at the Local, District and Supreme Courts over a period of three days a number of aspects of the criminal justice system were made apparent. The administration, processes and practices of the criminal trial are extremely varied dependent upon the level of criminal court being observed. The distinctions between the workings of the two courts revealed a number of the differences between summary proceedings and trial upon indictment. The cases observed served to

The trial process begins with the selection of the jury. After the jury is selected the next stage is the opening statements. Since the prosecution has the burden of proof as to the defendant 's guilt, the prosecutor 's opening statement is given first. An

The purpose of civil law is to “deal with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim,” (“Civil Law vs Criminal Law.”, 2012). Civil law applies when there is a dispute between private parties, and the government is not involved. The lack of government involvement also leads to easier negotiations. Civil cases can be much more flexible since there is typically no law being broken and thus, no legal actions have to be taken. The less rigid civil law cases also generally allow them to be settled quickly and without controversy. According to the Bureau of Justice Statistics, more than half of general civil trials conclude in state courts, meaning they are able to reach an agreement and do not have to continue spending unnecessary time and money on the case (“Civil Justice.”, 2017).

There are many factors in considering civil litigation such as expense, length, confidentially, and outcome uncertainty (Kubasek, Brown, Herron, Dhooge, & Barkacs, 2016, p. 37). These factors should be considered by both parties and taken into careful consideration before committing to a certain route. Civil litigation consists of the pre-trial stage, trial stage, post-trial motion, and appellate procedures