Criminal and civil law, and the steps of a trial
Grade 12 Social Studies Worksheet - Building Confidence
Circle the best answer.
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Card A. Constitution, Fifth Amendment (1791), part. Exact words (National Archives transcript): “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself”. Card B. Constitution, Sixth Amendment (1791), part. Exact words (National Archives transcript): “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed”; later in the same sentence: “to have the Assistance of Counsel for his defence”. Card E. Constitution, Eighth Amendment (1791). Exact words (National Archives transcript): “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
A jury finds a defendant not guilty of a bicycle theft (made up). The prosecutor wants a second trial for the same theft. Pia asks which words apply.
- Card A: no person may be twice put in jeopardy for the same offense
- Card B: the accused has a speedy trial, since a second trial would come long after the first one ended
- Card A: no one may be compelled to be a witness against himself, since a second trial would make the defendant testify again
- Card E: cruel and unusual punishments are barred, since a second trial for one theft is a punishment of its own
A court in a made-up state tells a defendant who cannot pay for a lawyer to defend a felony charge alone. Which words on the cards are at issue, Ren?
- Card B: an impartial jury, since a lawyer is what lets a defendant question the jurors fairly
- Card E: excessive bail, since a defendant without a lawyer is likelier to be held before trial
- Card B: the right to the Assistance of Counsel for the accused's defense
- Card A: no one may be compelled to be a witness against himself, since defending alone forces the defendant to speak
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Card D. Two kinds of cases (summary in our words, not a quotation, from the U.S. Courts website). In a criminal case the government, through a prosecutor, charges a person with breaking a law and must prove guilt beyond a reasonable doubt; a conviction can bring a fine, probation or time in jail or prison. In a civil case a plaintiff sues a defendant over a dispute, such as a contract or an injury, and must show the claim is more likely true than not (a preponderance of the evidence); a win usually brings money damages or a court order.
Luz reads a made-up pair of cases. A prosecutor charges a store owner with dumping oil; a neighbor separately sues over a spoiled well. Which case is civil, and what must be shown?
- The neighbor's suit; the neighbor must show the owner more likely than not caused the harm
- The neighbor's suit; the owner would face jail or prison if the neighbor wins, since the harm was serious
- Both cases; each needs proof beyond a reasonable doubt, since both accuse the owner of the same act
- The prosecutor's case; the government must show it is more likely than not that the owner dumped the oil
A news story says Milo's club (made up) lost a contract lawsuit and “was found guilty.” Zee checks Card D. What does it suggest about that word?
- The word is fine, since a court that makes anyone pay another side has found a law was broken
- The word is fine, since a plaintiff who wins by a preponderance of the evidence has shown guilt
- Guilt is a criminal verdict; a civil loss usually means money or a court order, so the word is wrong
- The word is fine, since Card D says a civil case can end with a court order against the club
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Card B. Constitution, Sixth Amendment (1791), part. Exact words (National Archives transcript): “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed”; later in the same sentence: “to have the Assistance of Counsel for his defence”.
A made-up trial for a crime in State X is held in State Y, hundreds of miles from the crime. Which words of Card B are at issue, Noah?
- “speedy and public trial”, since a trial in a far-off place is bound to move slowly
- No words, since Card B protects the jury's fairness and says nothing about where a jury sits
- “of the State and district wherein the crime shall have been committed”
- “the Assistance of Counsel for his defence”, since a lawyer cannot easily travel to another state
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Card E. Constitution, Eighth Amendment (1791). Exact words (National Archives transcript): “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
A judge sets bail for a made-up defendant at an amount the defendant calls far too high. Jun reads Card E. Which words apply?
- “nor excessive fines imposed”, since bail is a sum of money the court takes
- “nor cruel and unusual punishments inflicted”, since high bail is a penalty before any trial
- “Excessive bail shall not be required”
- No words of Card E, since Card E names what happens after a person is convicted
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Card A. Constitution, Fifth Amendment (1791), part. Exact words (National Archives transcript): “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself”.
A made-up defendant chooses not to testify, and the prosecutor tells the jury, “Silence means guilt.” Esme reads Card A. What do its words suggest?
- It pressures the defendant to testify, which “compelled … to be a witness against himself” aims to stop
- Card A lets the jury convict on silence alone, since the card says nothing about what jurors may infer
- Card A allows it, since the defendant was not physically forced to speak
- Card A is not involved, since it names the “same offence” and this trial is the first for it
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Card F (made up). Court records of Lakeside County for one year: 100 criminal cases ended. 88 ended with a guilty plea, 7 were dismissed and 5 ended in a trial.
Bo says, “Only 5 of 100 cases had trials, so the Sixth Amendment's jury right is rarely used.” What does Card F show?
- That the right is rarely used, since 5 trials happened out of 100 cases
- That few cases reached trial; it does not show the right went unused, since a plea is a choice
- That 88 defendants lost their right, since a guilty plea means the court denied them a jury
- Nothing about juries, since a county's records cannot say anything about the Sixth Amendment
A reporter says Card F shows “Prosecutors won 88 percent of cases.” Which reply is best, Ari?
- Wrong, since a jury verdict is what counts as a conviction, so the figure is 5 percent at most
- Card F counts guilty pleas, which skip trial; it does not show how strong the evidence was
- Right, since 88 of 100 cases ended in a conviction, and a conviction is a win for the prosecutor
- Right, since a guilty plea means the prosecutor's evidence was overwhelming
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Card C. Constitution, Seventh Amendment (1791). Exact words (National Archives transcript): “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved”. Card G (made up). Court records of Hollow Creek for one year: 40 civil suits ended. 26 ended in a settlement, 9 in a judge's ruling and 5 in a jury verdict.
Luz says, “Settlements mean the plaintiffs lost.” Using Cards C and G, what does Card G show?
- Nothing, since the card gives no dollar amounts, so no claim about settlements is possible
- That 26 of 40 suits ended by agreement; it does not say who gained or lost
- That the Seventh Amendment bars settlements, since it preserves trial by jury
- That the plaintiffs lost, since a settlement ends a suit with no verdict for them