6th & 7th Amendment
6th & 7th Amendment CJ 100
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This 2 page Class Notes was uploaded by Erica Kugler on Tuesday February 10, 2015. The Class Notes belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Spring2015. Since its upload, it has received 332 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 02/10/15
Courts Criminal vs Civil o Burden of proof what the prosecution must overcome in order to establish someone s guilt 0 Plaintiff person who brings an accusation against another person 0 Defendant person who the accusation is against 0 it is easier for the prosecutionplaintiff to win in civil cases because the burden of proof threshold is lower 0 Means that you need less certainty of guilty to prove a conviction worthy I Less certainty needed more likely the charges will be upheld Criminal Courts 0 burden of proof quotguilty beyond a reasonable doubt 0 Does NOT mean absolute certainty about the defendant s guilt but very close to certain I Certainty quantified around 9799 rather than 100 I Need such a high threshold because conviction would mean taking someone s rights away and you want to be as correct as possible before that occurs 0 In criminal cases the government federalstatelocal brings a suit against a person who they believe has violated the law 0 Government prosecutionplaintiff 0 Bring a suit against prosecute 0 Person defendant 0 How criminal cases are written ProsecutionPlaintiff v Defendant 0 Ex People of the State of California v OJ Simpson US v Jones Civil Courts 0 7th Amendment deal with civil courts 0 Allows for a trial byjury in civil cases Burden of proof preponderance of evidence 0 Certainty of guilt threshold is less than in criminal cases I Certainty quantified 51 quottortquot civil wrong 0 Try to get compensation from damages or injuries think lawsuits In civil cases one party who feels they were wronged brings a complaint against another party 0 One party plaintiff o The wronged action tort 0 Another party defendant How civil cases are written Plaintiff v Defendant 0 Ex Stella Liebeck v McDonald s Restaurant gt quotMcDonald s Hot Coffee Case Stella Liebeck received severe burns after accidentally spilling McDonald s coffee on herself She sued McDonald s to cover the cost of her medical bills and to get McDonald s to change their policy on the temperature of their coffee and other hot drinks
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