Welcome back, citizens. You may remember from a previous lesson that the Judicial Branch of
the U.S. government was created in Article 3 of the Constitution. But the Constitution mentions
only the U.S. Supreme Court. Other levels of court were created by Congress in the Judiciary
Act of 1789, and the American court system has evolved since then to its current form.
You may also recall that half of the Bill of Rights deals with citizens' rights and
protections when involved in the judicial process.
Included are protections against unreasonable searches, the right to remain silent, the right to
a jury trial in both criminal and civil cases, and protections against cruel and unusual punishment.
Those are limitations on the government, but we do have court systems and a responsibility to
administer justice in our nation, our states, and our communities. Unless you are the victim of a
crime, most citizen involvement is limited to jury duty, or being called as a witness in a trial.
Let's look today at what to expect if you're involved in court proceedings.
Our objectives today are to describe reasons for court appearances by citizens, then summarize
citizen participation in court systems as a defendant, plaintiff, juror, or witness.
If you recall the levels of U.S. courts, it will help you understand court proceedings at
all levels. You probably remember that the Supreme Court is the top court in the nation and reviews
decisions made in lower courts. And appeals courts are where someone found guilty of a crime can ask
for a retrial. At the federal level, virtually all court proceedings initiated by citizens begin
in district courts. The same is true at the local level. The names vary state to state,
but it will be the lower courts in cities and counties in which citizens first take part in any
court proceedings, and there is a lot going on in local courts. This is where citizens almost always
go for legal proceedings regarding citations, misdemeanors, felonies, and civil cases.
Citations are for minor offenses such as speeding tickets, which generally are punishable by fines
and not jail. Those accused of misdemeanors also have their initial court appearances in a local
courtroom. Misdemeanors are offenses in which a person would usually serve a year or less in jail
if found guilty. Examples include shoplifting or possession of a small amount of drugs.
Felonies are serious crimes such as assault or auto theft. If found guilty,
the punishment for such offenses would be more than a year in jail.
Finally, civil cases are court proceedings in which one side is seeking money or compensation
from the other for wrongdoing, like covering the expense of repairs after a car accident.
In a criminal trial, a defendant is the individual accused of breaking the law. In a civil case,
it is the person who is being sued. Another individual is seeking compensation while accusing
the defendant of doing something wrong. In most civil cases, the two sides reach a settlement
before a trial, and most of the time, when someone is accused of a crime, that person pleads guilty
before a trial is ever needed. This is done at the arraignment, which is an individual's
first appearance in court when the defendant enters a plea of either guilty or not guilty.
If an individual pleads guilty, then that person is willing to accept the punishment given by
the judge. This happens in most instances, especially with citations and misdemeanors,
and since a guilty plea has been entered, no trial is needed.
Let's assume that you won't break the law and be on trial in the future, but you could possibly be
the victim of a crime, such as theft. You would file a report accusing someone of the crime,
making you the plaintiff. This is the person who initiates the court action and accuses the
defendant of wrongdoing. In a trial, the plaintiff and the defendant are the two main participants.
Each side will likely have attorneys as well. The defendant's lawyer is called,
predictably, the defense attorney. This attorney is trying to obtain a verdict
or decision of not guilty for the defendant. On the other side, the prosecutor is the plaintiff
side. This lawyer is working to obtain a guilty verdict. The plaintiff may be called to testify
or provide evidence during a trial. The same is true if the court proceeding is a civil trial.
First of all, remember that juries are not needed for most court proceedings, only if
the defendant pleads not guilty. Even then, the event could be a bench trial, which is when a
judge decides the verdict or makes the judgment, which is a decision in a civil case. But the sixth
amendment gives defendants the right to a jury trial, which is when a small group of citizens
makes the decision in court. Citizens are summoned to jury duty for both civil and criminal trials.
When a jury decides the verdict in a criminal trial, it's important to
know that the decision must almost always be unanimous. That means everyone on the jury,
which is often 12 people and sometimes more, must agree on the verdict of guilty.
A civil trial with a jury is similar in many ways. A jury of citizens makes the judgment,
including the amount paid to the plaintiff.
The biggest difference is that juries in civil trials usually do not have to be unanimous.
Rather, most rely on a strong majority, such as three-fourths of the jurors, for a judgment.
Different states use different methods to determine which citizens will serve jury duty,
but citizens are often selected from those who are licensed to drive,
registered to vote, or perform other common government functions.
From that large pool, a smaller group will be called into court for jury selection. During
this process, lawyers can ask questions and may dismiss individuals for bias or for other reasons.
When a jury is selected, each member should remain unbiased, making a decision based only
on the evidence, and after discussing the case only with other members of the jury.
A citizen's participation in a court proceeding as a witness is far different from that of a juror.
The main similarity is that a citizen could be required to appear in court, and failure to do
so could result in punishment. If needed as a witness in either civil or criminal trials,
citizens could receive a subpoena, which is a document ordering a person to attend court.
There are two primary differences. First, while a juror will stay throughout the entire trial,
a witness will answer questions presented by the attorney, then is free to go.
Also, a juror must remain unbiased during a trial, but a witness is often tied to either the
defendant or the plaintiff by some circumstance. This means a witness may be biased in the case
because of this connection but is expected to tell the truth. If witnesses fail to do so, they
can be charged with perjury or lying under oath because their testimony is evidence in the trial.
Since you're a good citizen, it's doubtful you will ever be accused of a crime, so you won't
have to appear in court as a defendant. Likewise, let's hope you will never be the victim of a crime
and can avoid being the plaintiff in a trial. But with courts located throughout the 3,000
counties in the U.S., it's somewhat likely that you could be summoned to be a juror in a trial,
and it's also possible that you could be called as a witness in a court proceeding.
If so, just remember that it's part of being a good citizen. We need people like you to
administer justice fairly, vote, debate, and participate, and remember to always be clever.