The CourtsThe Courts

What reporters need to knowWhat reporters need to know

Civil and criminalCivil and criminal

Criminal law covers harms done against the people. Examples: Murder, theft, reckless driving Crimes are punishable by fines and/or incarceration

Civil law covers harms done against a person Examples: Wrongful death; breach of contract; libel They are punishable by payment to the injured party,

called “damages”

Criminal law covers harms done against the people. Examples: Murder, theft, reckless driving Crimes are punishable by fines and/or incarceration

Civil law covers harms done against a person Examples: Wrongful death; breach of contract; libel They are punishable by payment to the injured party,

called “damages”

TerminologyTerminology

In a criminal trial, the person accused of (“charged with”, not “arrested for”) the crime is called a defendant.

In a civil trial, the person accused of doing the harm is the defendant; the person allegedly harmed is the plaintiff. The plaintiff “sues” the defendant.

The term “person” includes corporations, which have the legal status of persons under U.S. law.

In a criminal trial, the person accused of (“charged with”, not “arrested for”) the crime is called a defendant.

In a civil trial, the person accused of doing the harm is the defendant; the person allegedly harmed is the plaintiff. The plaintiff “sues” the defendant.

The term “person” includes corporations, which have the legal status of persons under U.S. law.

Guarantee of trial by juryGuarantee of trial by jury

Michigan’s Constitution guarantees… … Criminal defendants legal assistance and a

speedy, public trial before an impartial jury. Defendant may waive jury trial and be tried before a

judge.

…. Parties to a civil suit a trial by jury if either party requests it. Otherwise, civil suits are tried by a judge.

Michigan’s Constitution guarantees… … Criminal defendants legal assistance and a

speedy, public trial before an impartial jury. Defendant may waive jury trial and be tried before a

judge.

…. Parties to a civil suit a trial by jury if either party requests it. Otherwise, civil suits are tried by a judge.

Role of the juryRole of the jury

The job of the jury is to Hear the evidence Determine the facts Reach a verdict based on the facts after being

instructed on the law by the judge.

The job of the jury is to Hear the evidence Determine the facts Reach a verdict based on the facts after being

instructed on the law by the judge.

Role of the judgeRole of the judge

In a jury trial See that a fair trial is held Instruct the jury on the applicable law

In a non-jury trial See that a fair trial is held Determine the facts and the law Reach a verdict

In case of a guilty verdict Pass sentence

In a jury trial See that a fair trial is held Instruct the jury on the applicable law

In a non-jury trial See that a fair trial is held Determine the facts and the law Reach a verdict

In case of a guilty verdict Pass sentence

Role of attorneysRole of attorneys

U.S. courts operate on the basis of an “adversarial system”

Defense Provides the defendant every legal protection the law

allows, including presumption of innocence. Does its damndest to get an acquittal

Prosecution Does its damndest, within the law, to get a conviction

U.S. courts operate on the basis of an “adversarial system”

Defense Provides the defendant every legal protection the law

allows, including presumption of innocence. Does its damndest to get an acquittal

Prosecution Does its damndest, within the law, to get a conviction

Michigan’s court system IMichigan’s court system I

Trial Courts District Court Circuit Court Probate Court

Hear evidence and reach verdicts in civil and criminal cases.

Trial Courts District Court Circuit Court Probate Court

Hear evidence and reach verdicts in civil and criminal cases.

Michigan’s court system IIMichigan’s court system II

Appellate Courts Court of Appeals Supreme Court

Review trials (and rulings by lower appeals courts) for legal errors; they do not hear evidence

They can uphold or overturn a verdict, or “remand” it back to the trial court for a new trial.

Appellate Courts Court of Appeals Supreme Court

Review trials (and rulings by lower appeals courts) for legal errors; they do not hear evidence

They can uphold or overturn a verdict, or “remand” it back to the trial court for a new trial.

Circuit CourtCircuit Court

Trial court with broadest powers Tries civil cases >$25,000 Tries criminal cases >one year in prison (felonies). Can carry out any function normally handled by district

or probate courts.

Family Division Divorce Juvenile delinquency Adoption etc.

Trial court with broadest powers Tries civil cases >$25,000 Tries criminal cases >one year in prison (felonies). Can carry out any function normally handled by district

or probate courts.

Family Division Divorce Juvenile delinquency Adoption etc.

District Court IDistrict Court I

“The People’s Court” Tries most traffic violations Tries civil cases <$25,000 Tries criminal cases < one year in jail

(misdemeanors). Serves as intake court for felonies

“The People’s Court” Tries most traffic violations Tries civil cases <$25,000 Tries criminal cases < one year in jail

(misdemeanors). Serves as intake court for felonies

District court IIDistrict court II

Arraigns all criminal defendants >17 Defendant is brought before a judge Judge explains

The charges The defendant’s rights The possible consequences if convicted

Judge sets bail

Arraigns all criminal defendants >17 Defendant is brought before a judge Judge explains

The charges The defendant’s rights The possible consequences if convicted

Judge sets bail

District court IIIDistrict court III

For felonies and misdemeanors Conducts preliminary examination to determine

Was a crime committed? Is there probable cause to believe the defendant did it?

If so, and the crime is a misdemeanor, a trial date is set. If so, and the crime is a felony, the defendant is “bound

over” to circuit court for trial. Defendant can waive preliminary examination and

plead guilty.

For felonies and misdemeanors Conducts preliminary examination to determine

Was a crime committed? Is there probable cause to believe the defendant did it?

If so, and the crime is a misdemeanor, a trial date is set. If so, and the crime is a felony, the defendant is “bound

over” to circuit court for trial. Defendant can waive preliminary examination and

plead guilty.

District Court IVDistrict Court IV

Small claims division Handles civil suits <$3,000 Parties not represented by attorney Can be heard by judge or “magistrate” (a

lawyer appointed by the court to hear minor cases).

Decision is final if reached by a judge; can be appealed if reached by a magistrate.

Small claims division Handles civil suits <$3,000 Parties not represented by attorney Can be heard by judge or “magistrate” (a

lawyer appointed by the court to hear minor cases).

Decision is final if reached by a judge; can be appealed if reached by a magistrate.

Other trial courtsOther trial courts

Probate Court Handles wills, estates, guardianship decisions.

Court of Claims Based in Ingham County Handles civil claims against the state of Michigan

Municipal Courts Michigan Tax Tribunal

Probate Court Handles wills, estates, guardianship decisions.

Court of Claims Based in Ingham County Handles civil claims against the state of Michigan

Municipal Courts Michigan Tax Tribunal

Appellate Courts IAppellate Courts I

Court of Appeals Appeals to this court are guaranteed to all

convicted criminal defendants. Courts can decide whether to take appeals from

those who pleaded guilty or “no contest,” as well as appeals of civil cases.

Decisions are final except for cases accepted by the Supreme Court.

Court of Appeals Appeals to this court are guaranteed to all

convicted criminal defendants. Courts can decide whether to take appeals from

those who pleaded guilty or “no contest,” as well as appeals of civil cases.

Decisions are final except for cases accepted by the Supreme Court.

Appellate Courts IIAppellate Courts II

Michigan Supreme Court Comprises seven “justices” (not judges). Decides whether to accept appeals, criminal or

civil. Generally only accepts appeals that involve

Constitutional issues Matters of public significance

Michigan Supreme Court Comprises seven “justices” (not judges). Decides whether to accept appeals, criminal or

civil. Generally only accepts appeals that involve

Constitutional issues Matters of public significance

Questions?Questions?

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