Criminal laws protect society from harm. A crime is an action that breaks the law. National, state, & local governments determine what are crimes.

There are two types of crimes. The first type is a felony, which is a serious crime, such as murder or robbery, that is punishable by over a year in jail, or maybe even death in some cases. The other type of crime is a misdemeanor, which is a less serious crime, like a traffic offense or public intoxication, that is punishable by less than a year in jail.

There are several steps in the criminal case procedure from arrest to trial.

The police must have probable cause (reasonable suspicion, or a good reason) to believe a suspect has been involved in a crime before making an arrest. All people, including the accused, have due process rights, which means that they must be treated equally under the law by the national government (5th amendment) and state/local governments (14th amendment).

The accused have several due process rights, including being informed by the police of why they are being placed under arrest, being informed of their rights after being placed under arrest (these are called Miranda rights, like the right to remain silent and the right to an attorney), and the right to be brought before a judge and be publicly informed of charges against them, which is also known as writ of habeas corpus.

The accused also may not be required to pay an unreasonably high bail, which is money deposited with the court that secures the release of the accused and makes sure the accused returns for their trial.

Magistrates are independent judicial officers that are not affiliated with the police. Magistrates have the power to issue warrants (documents that authorize an arrest), issue summonses or subpoenas (an order to appear in court), and set bails. Magistrates cannot preside over trials like judges, but can schedule and preside over preliminary hearings.

A person accused of a crime can go to trial in one of 2 ways. The first way is a preliminary hearing. In a preliminary hearing, a prosecutor must show that a crime has been committed & that there is enough evidence against the accused to convict them in a trial. A judge can dismiss the charges if they don’t feel that there is enough evidence to convict the accused.

There is also a grand jury hearing. In a grand jury hearing, a jury of 18-20 citizens reviews cases involving serious crimes and decide whether or not to issue an indictment, or a formal charge, against the accused.

At an arraignment (ah-rain-ment), the defendant- the accused person who has been charged or indicted- appears before a court to hear the charges against them.

The accused can enter one of 3 pleas, or a response to the charges against them: a guilty plea, which is admitting to committing the crime; a not guilty plea, which is a denial to committing the crime; or a no contest plea, which is not admitting guilt, but accepting a conviction as if the defendant is guilty.

The defendant has the right to a lawyer, and a lawyer must be provided at all times, even if the defendant cannot afford one.

A defendant may plead guilty in exchange for a lesser charge or lighter sentence. Because of plea deals, most criminal cases never go to court.

The defendant’s lawyer will file motions to ensure that evidence against their client was collected legally & is relevant to the case.

If the case goes to trial, a date is set, and citizens (12+ alternates) are called to serve on a jury. Lawyers can interview potential jurors & choose to keep or remove them from the jury.

A trial must be speedy, public, and must take place in the jurisdiction where the crime is alleged to have occurred. The defendant has the right to call witnesses to testify, or provide evidence as a witness, in their defense, and confront witnesses who are testifying against them. The accused also has the right to not be forced to testify against themselves, which protects them against self-incrimination.

Through studying the evidence & listening to testimony, the jury must decide if the defendant is guilty beyond a reasonable doubt, or innocent until proven guilty. The jury may not ask questions.

The jury deliberates, or meets together to talk about and consider the case, then reaches either a guilty or not guilty verdict (decision), or a hung jury, which means that the jury could not reach a unanimous decision.

If a defendant is found guilty, the judge determines the punishment unless the death penalty is involved. A jury imposes a death penalty. A convicted person can appeal a guilty verdict to a higher court.

There are 5 main types of civil cases. The first type is a property case, which may involve property damage, trespassing, or ownership disputes.

The second type of civil case is a domestic relations case, like divorce or child custody.

Another type of civil case is a contract case, which may involve a situation such as a repair person not finishing a job or a renter not following the terms of a lease (like not making payments on time).

A fourth type of civil case is a probate case, which may involve a dispute over how to divide property after the owner dies or proving that a will is real.

Lastly, tort cases are the most common types of civil cases. Tort cases involve someone accusing another of a civil wrong that has caused loss or harm, such as physical injury, mental stress, or emotional distress. An example of a tort civil case would be the 1994 lawsuit filed against McDonald's by Stella Liebeck, who suffered third-degree burns when she accidentally spilled hot coffee from the restaurant in her lap (a jury ruled that McDonald's did not sufficiently warn customers of the temperature of their coffee and Lieback was awarded $640,000).

A civil lawsuit begins with a plaintiff filing a complaint, which is a legal document charging someone with harm, and proposing a solution. A civil trial is heard by a judge and sometimes includes a jury.

The trial procedure is much like a criminal case, with arguments, witnesses, statements & a verdict. The plaintiff doesn’t need to prove the defendant guilty beyond a reasonable doubt, but rather a preponderance of evidence (evidence powerful in impact and/or amount) against the defendant. The verdict does not have to be unanimous.

No one goes to jail in a civil case, but damages, or compensation owed by the guilty party, usually settle the dispute, of which there are two types: compensatory, which is to make up for loss or injury; and punitive, which is intended to punish.

The judge may also issue an injunction, which is an order to one party to do or not to do a certain act until there is a ruling (like ordering someone in a dispute over loud music not to play their music). Like criminal cases, civil cases can be appealed too.