Ch06 Laws Civil vs. Criminal.docx

CHAPTER 6: LAWS: CIVIL vs. CRIMINAL TRANSPARENCY MASTERS Criminal & Civil Laws Contain: Substantive Laws: Criminal Substantive Laws: Civil Procedural Rules: Criminal Substantive Rules: Civil Elements of Criminal & Civil Cases PURPOSE AND SUBSTANTIVE CONTENT This chapter examines the differences and similarities between criminal and civil cases. CHAPTER OUTLINE Technology Corner Case File 6-1 Introduction 6-2 Where Criminal and Civil Laws are Found Substantive Laws--Criminal Substantive Laws--Civil Procedural Rules--Criminal Procedural Rules--Civil 6-3 How Criminal and Civil Cases are Handled The Parties The Court The Right to a Jury The Right to an Attorney Burden of Proof The Verdict The Punishment The Right to Appeal Quasi Criminal Cases Featured Website Chapter Summary Terms to Remember Questions for Review Questions for Analysis Assignments and Projects SKILL BUILDING The examples, assignments, case questions, and projects provide the opportunity for students to build the following skills: Critical Analysis Statutory Analysis Factual Analysis Case Analysis Writing CASE SUMMARIES, CASE QUESTIONS, AND SUGGESTED ANSWERS Sommer v. Gabor, 40 Cal. App. 4th 1455, 48 Cal. Rptr. 2d 235 (1995) (Pg. 112) Defendant Zsa Zsa Gabor and her husband, defendant Frederic Von Anhalt, appeal from a judgment on a special verdict in favor of plaintiff Elke Sommer in her action for defamation. On appeal, defendants contend the court erred in applying California, rather than German, defamation law. Defendants also contend that the statements attributed to them are opinions and are not actionable as a matter of law, and that the damages are excessive. Derogatory statements concerning plaintiff and attributed to Gabor and her husband were published in two German magazines. In the first instance, the statements were made in Germany, although the magazine did have a few California subscribers. In the second instance, the statements were allegedly made in Southern California. The statements alleged to be defamatory included statements that she frequented sleazy bars, that she was broke, that nobody would have anything to do with her, and that she was at least 60 years old. The lawsuit was filed in California and the California court applied California rather than German law. The appellate court held that California law was properly applied since all parties were residents of the U.S. and some statements were made in the U.S. Furthermore, defendant failed to raise this issue at trial and failed to show that the result would have been different if German law were applied. The Court also said that there were sufficient factual statements to support a judgment for defamation. Finally, the court held that there was no evidence that the damages were excessive. Which substantive law(s) do you think apply to this case? Suggested Answer: This case primarily involves the law of defamation. Also at issue is the law relating to the nature and extent of damages. What procedural law(s), if any, apply to this case? Suggested Answer: Choice of law, appellate procedure. Could the defendant have been charged with any crimes as a result of this case? Suggested Answer: The answer to this question is not in the case. Students should discuss whether slander or libel can result in criminal actions. In this case, it would appear not. If a party committed a crime in Germany, could the trial take place in California if both the defendant and the victim were California residents? Suggested Answer: The answer is not in this case. Students should consider the Sixth Amendment to the Constitution, which provides that trials should occur in the district in which the crime occurred. People v. Sirhan Sirhan, 7 Cal.3d 710, 102 Cal. Rptr. 385, 497 P.2d 1121 (1972) (Pg. 116) This is the case of Sirhan Sirhan, the assassin of Robert Kennedy. A jury found defendant guilty of first-degree murder of Senator Kennedy and fixed the penalty at death. The court denied a motion for a new trial and the defendant's automatic appeal was heard by the California Supreme Court. Defendant contends that (1) the death penalty is cruel or unusual punishment; (2) in view of proof of his diminished capacity the evidence is insufficient to support the first degree murder conviction; (3) he was denied a fair trial as a result of certain publicity; (4) his right to be secure against unreasonable searches and seizures and his privilege against self-incrimination were violated by the receipt of evidence found in his bedroom. The Court referred to a prior California case that had recently found the death penalty in California in violation of the California Constitution. It therefore reduced the sentence to life in prison. It did, however, address the other issues. It found that there was sufficient psychiatric testimony and other evidence to support the first-degree murder conviction. It found that although there was extensive publicity, there was no evidence that it prejudiced the trial. It found that the warrant less search of his premises was reasonable due to exigent circumstances. The court also found no violation of the right against self-incrimination. Who was the plaintiff in this case? Suggested Answer: At the trial level, the plaintiff was the People of the State of California. What did the California Supreme Court do? Suggested Answer: The California Supreme Court reduced the sentence from death to life in prison because it had previously found the California death penalty to be unconstitutional. In all other respects it affirmed the murder conviction. What crime was defendant charged with? Suggested Answer: First Degree Murder. What procedural questions did the defendant raise on appeal? Suggested Answer: Were the defendant’s rights regarding cruel and unusual punishment violated by the trial court in imposing the death penalty? Was defendant denied a fair trial because of the amount of pretrial publicity? Was the jury’s finding of malice and intent supported by the evidence? Did the trial court err in admitting evidence obtained in a warrant less search of defendant’s premises? Coon v. Joseph, 192 Cal. App.3d 1269, 237 Cal. Rptr. 873 (1987) (Pg. 123) This is a civil tort action based on a violation of a civil rights statute that provides that all persons have the right to be free from any violence, intimidation or threat thereof "committed against their persons" because of race, religion, sex, or sexual orientation. In this case, plaintiff witnessed a municipal bus driver harass and assault his male partner. The complaint established that no violence or intimidation was committed or threatened against appellant's person and thus no cause of action existed in his own right. The trial court dismissed the complaint. The appellate court affirmed. Who filed this case in the trial court? Suggested Answer: The plaintiff was Gary Coon, the individual who witnessed the assault. What type of relief was the plaintiff seeking in this case? Suggested Answer: This is a civil suit seeking money damages. Who is appealing this case? Suggested Answer: The plaintiff is appealing. Is this a civil case or a criminal case? Suggested Answer: This is a civil suit. In the Hardtack case, if Martinez had a friend with him and that friend watched Hardtack assault Martinez, would the friend have a case for a civil rights violation? Why or why not? Suppose that instead of a friend, Martinez’s wife watched her husband being assaulted. Would she have a case for a civil rights violation? Suggested Answer: The holding in this case would clearly prevent Martinez’ friend from being able to recover damages. As to the wife, the issue probably is not as clear. In Coon the court says that allowing a witness to recover would mean “any person would have the right to recover damages for himself or herself whenever the rights of any other human being of similar race, religion, sex, or sexual orientation were threatened.” It could be argued that a spouse is not “any person.” On the other hand, the court also says in Coon that the civil rights statute provides a right to recover for injury “committed against their persons.” If no injury is committed or threatened against a person they may not be able to recover regardless of the relationship. Buranen v. Hanna, 623 F. Supp. 445 (D.Minn. 1985) (Pg. 124) This matter was before the district court on the motions of defendant for dismissal. Plaintiffs in this action, Candace Lee Buranen and Robert Francis Buranen, are a wife and husband who assert that police officers unjustifiably arrested them and used excessive force in the process. They were both arrested at a high school hockey game when they came to the aid of an assistant coach who was being harassed by the officers. During the arrest they were physically attacked. Both were charged criminally with assault and obstruction of justice and were acquitted. They then filed a civil action under 42 U.S.C. §1983. The defendant police officers moved to dismiss, arguing that assuming plaintiffs' version of the facts was true, defendants had not deprived plaintiffs of a federally protected right. The court denied the motion stating that the plaintiffs in the present action were alleging violations of substantive constitutional rights as well as violations of procedural due process. Plaintiffs claimed that defendants violated their Fourth Amendment right to be arrested only upon probable cause. Plaintiffs could clearly maintain a §1983 action for being arrested without probable cause. Police officers' use of excessive force was also conduct actionable under §1983. Is this a civil case or a criminal case? Suggested Answer: Civil case. How can you tell? Suggested Answer: The plaintiffs were private parties, not the state, and they were suing for money damages. Did the facts in this case give rise to a criminal case? If so, who were the parties in that case? Does the decision in the criminal case have any bearing on the outcome of this case? Suggested Answer: The case indicates there had been a prior criminal case for assault and obstruction of justice. In that case, the plaintiff was the State (or the People) and the defendants were the Buranens, the plaintiffs in this case. Technically, the decision does not have any bearing. This is a separate case. However, since this case involved a motion, it is entirely probable that the judge knew of the result. It is speculation to say that the judge considered the outcome. People v. Lashley, 1 Cal. App. 4th 938, 2 Cal. Rptr. 2d 629 (1991) (Pg. 125) Defendant was convicted of attempted murder, assault with a firearm, civil rights violations and brandishing a weapon. The convictions arose out of an incident in which defendant and some friends harassed a group of black men who were going fishing. At issue was the sufficiency of evidence to support a conviction under a state civil rights statute. The court held that the evidence was sufficient. Is this a civil case or a criminal case? How can you tell? Suggested Answer: This is a criminal case. The title of the case indicates that it is brought by the state. The case talks about “conviction,” a term used in connection with criminal cases, and the defendant was sentenced to state prison. Assuming that the Hardtack case took place in this state, would Hardtack be guilty of violating the state statutes mentioned in the case? Do you think Hardtack would be guilty of violating 18 U.S.C. §242? Suggested Answer: Calls for students’ opinions. However, there would be no difference between the federal and state laws in the Hardtack case. Both apply to law enforcement. How do the state laws involved in this case differ from the laws involved in the Coon case? Suggested Answer: The laws in the Coon case provide a remedy for civil damages, not a criminal penalty. ETHICAL CHOICES Assume that you work in a law office. You are interviewing a client who has retained your firm to represent him as a result of legal problems stemming from an automobile accident. Your client, who was drunk at the time, caused the accident. Your firm is representing him in the criminal action. He has been sued civilly, but his insurance company has provided an attorney to handle this case. The client is confused about the nature of the legal proceedings and asks you to explain the differences between the civil and the criminal case. Can you tell him or would you be giving legal advice? (Pg. 123) Points to Discuss: What types of statements constitute legal advice? Is there a difference between giving legal advice and providing a client with information about the legal process? How would you phrase your response to the client? You work for a sole practitioner, Bryan Anderson, who has a very busy practice. The Hanley case, a criminal action, is set for a pretrial conference at 10:00 a.m. on Tuesday. Unfortunately, the attorney also has a divorce case set for the same time in another courthouse. Your attorney tells you to appear on the Hanley case and ask for a continuance. He tells you to introduce yourself and tell the court you are from the Anderson Law Firm. He also tells you that if the judge asks if you are an attorney do not lie about it, but do not volunteer any information either. What should you do? (Pg. 126) Points to Discuss: Can you appear in court to ask for a continuance or is it unauthorized practice of law? If you do appear in court, are you deceiving the court by not saying that you are a paralegal. How do you deal with an employer who asks you to do something you think is wrong? QUESTIONS FOR ANALYSIS 1. Compare the two code sections at the beginning of the chapter, 18 U.S.C. § 242 and 42 U.S.C. § 1983. Which is a criminal statute and which is a civil statute? Are they equally specific as to the conduct that is forbidden? Are they equally specific as to the punishment that can be imposed? Which is less specific in this area? Suggested Answer: 18 U.S.C. §242 is a criminal statute and 42 U.S.C. §1983 is a civil statute. The statues are similar in describing the forbidden conduct. However, the criminal statute is much more specific about the punishment. 2. The following are documents in connection with the Hardtack cases. For each of the documents listed, indicate whether it belongs in the civil file or the criminal file: a. A letter from the prosecutor’s office requesting copies of statements of any witnesses whom Hardtack plans to call at trial b. A request for trial signed by the attorney for Jaime Martinez c. Copies of medical bills from Martinez d. A document entitled “Complaint for Damages” e. A copy of a jury instruction entitled “Reasonable Doubt Defined” f. A memorandum of law regarding comparing sentencing under state battery statutes with state civil-rights violations Suggested Answer: a. criminal file b. civil file c. civil file d. civil file e. criminal file f. criminal file 3. Consider the Hardtack criminal and civil cases. Identify the following for the Hardtack criminal case: a. Parties (plaintiff and defendant) b. Possible punishment should Hardtack be found guilty c. Who could appeal the case Do the same for the civil case. Suggested Answer: Criminal Case: Parties: U.S. v. Hardtack Punishment: fine or imprisonment not more than 10 years Appeal: Only the Defendant Civil Case: Parties: Martinez v. Hardtack Punishment: Money (action at law) to be determined by jury Appeal: Either party 4. Review the Ethical Choices in this chapter. Which NALA and/or NFPA ethical rules or guidelines apply to the situations? Review your state’s ethical rules (hint: go to www.nala.org and find a link). Which of those rules apply? Suggested Answer: The NALA and NFPA rules are found in Appendix II of the text. State’s rules will vary. 5. Review the summary of U.S. v. Morrison in Appendix VII. Is this a civil case or a criminal case? Explain Suggested Answer: This is a civil case resulting from a civil lawsuit filed by a rape victim under 42 U.S.C. § 13981 Chapter 6: Laws: Civil vs. Criminal True/False Substantive laws are those laws that define the rights and duties of parties. Procedural laws are those laws that relate to the enforcement of substantive rights and duties. Battery is an example of a criminal procedural law. Libel is an example of a civil substantive law. Rules of court are generally substantive laws. In a criminal case, the plaintiff is usually the victim of a crime. A right to a jury only exists in a criminal case. A right to a court appointed attorney for indigent defendants applies only in criminal cases. A hung jury occurs only in criminal cases. In a civil case, if the defendant does not pay a civil judgment, he or she cannot usually be put in jail. Multiple Choice Substantive criminal laws for states are usually found in state rules of court case law statutory law constitutional law local rules of court Procedural criminal laws are found in state constitutions U.S. Constitution state statutes state and federal case law all of the above A law that gives a person who is accused of burglary the right to a trial by jury is an example of: civil substantive law civil procedural law criminal substantive law criminal procedural law none of the above The statute of limitations for damages resulting from an automobile accident is an example of : civil substantive law civil procedural law criminal substantive law criminal procedural law none of the above. Negligence is an example of: civil substantive law civil procedural law criminal substantive law criminal procedural law none of the above. Rules of court usually contain: civil substantive law civil procedural law criminal substantive law criminal procedural law both b and d In civil cases, the right to a jury usually exists: for actions at law for actions in equity for all cases for no cases only if the civil case also results in criminal charges Juries in civil cases are different from juries in criminal cases in that in a civil case the parties pay for the jury, whereas in a criminal case the state pays the number of jurors who must agree before a verdict is reached is often different jurors in a criminal case must be convinced of the defendant’s guilt beyond a reasonable doubt, whereas jurors in a civil case must usually be convinced by a preponderance of the evidence all of the above none of the above, criminal and civil juries are not different In a criminal case, the punishment can be: a fine incarceration probation any of the above none of the above, criminal and civil juries are not different Punitive damages are a form of compensatory damages can be awarded in civil cases can be awarded in criminal cases are a form of general damages none of the above Answer Key 1. True 2. True 3. False 4. True 5. False 6. False 7. False 8. True 9. False 10. True 1.c 2.e 3.d 4.b 5.a 6.e 7.a 8.d 9.d 10.b