Motorcycle Death Cumberland County, PA: (Apr-15-08) The estate of Cabot Resuta, 36, of Silver Spring...

Motorcycle DeathCumberland County, PA: (Apr-15-08) The estate of Cabot Resuta, 36, of Silver Spring Township brought a lawsuit against Laura Beth Kelly, 43,

formerly of Camp Hill, alleging that Resuta died due to her negligence. The suit stated that Resuta died after his cycle was hit from behind on US Route 11/15 in East Pennsboro Township by a sport-utility vehicle driven by Kelly, a friend. Court records indicate that Kelly was sentenced to 72 hours to 6

months in county prison in December 2006 after pleading guilty to intoxicated driving.

As part of a settlement reached in the case, a tentative deal will grant a $725,000 insurance settlement to Resuta's sons, ages 8 and 13, resolving

the October 2005 crash related wrongful death suit.http://www.lawyersandsettlements.com/settlements/11550/west-shore-car-motorcycle-accident.html

Questions:

What was the purpose of the criminal case against Laura Beth Kelly? Why was she charged and prosecuted?

Why was there also a lawsuit brought against Laura Beth Kelly (leading to an eventual settlement)? What was the purpose of this lawsuit?

Criminal Law vs.

Civil Law

Essential Question: How does criminal law differ from civil law?

Criminal LawBody of law that defines criminal offenses, regulates the apprehension, charging, and

trial of suspected offenders, and fixes punishment for convicted persons

Civil LawBody of law that governs the private

relationships between individuals in matters such as contracts, property, and torts

Criminal Law Civil Law

Criminal Law Civil LawProsecution v. Defendant Plaintiff v. Defendant

Criminal Law Civil LawProsecution v. Defendant Plaintiff v. Defendant

The government is an active participant in the case, having a stake in the outcome

The government is an unbiased participant, simply providing a forum for the resolution of the dispute

Criminal Law Civil LawProsecution v. Defendant Plaintiff v. Defendant

The government is an active participant in the case, having a stake in the outcome

The government is an unbiased participant, simply providing a forum for the resolution of the dispute

Its purpose is to punish those that break laws that are made in the best interest of society

Its purpose is to resolve disputes between individuals, groups, organizations, etc.

Criminal Law Civil LawProsecution v. Defendant Plaintiff v. Defendant

The government is an active participant in the case, having a stake in the outcome

The government is an unbiased participant, simply providing a forum for the resolution of the dispute

Its purpose is to punish those that break laws that are made in the best interest of society

Its purpose is to resolve disputes between individuals, groups, organizations, etc.

The wrong committed is known as a “crime” The wrong committed is known as a “tort”

Criminal Law Civil LawProsecution v. Defendant Plaintiff v. Defendant

The government is an active participant in the case, having a stake in the outcome

The government is an unbiased participant, simply providing a forum for the resolution of the dispute

Its purpose is to punish those that break laws that are made in the best interest of society

Its purpose is to resolve disputes between individuals, groups, organizations, etc.

The wrong committed is known as a “crime” The wrong committed is known as a “tort”

Guilt must be proven “beyond a reasonable doubt” Liability must be supported “by a preponderance of the evidence”

Criminal Law Civil LawProsecution v. Defendant Plaintiff v. Defendant

The government is an active participant in the case, having a stake in the outcome

The government is an unbiased participant, simply providing a forum for the resolution of the dispute

Its purpose is to punish those that break laws that are made in the best interest of society

Its purpose is to resolve disputes between individuals, groups, organizations, etc.

The wrong committed is known as a “crime” The wrong committed is known as a “tort”

Guilt must be proven “beyond a reasonable doubt” Liability must be supported “by a preponderance of the evidence”

The 6th Amendment guarantees the right to a trial by jury

The 7th Amendment guarantees the right to a trial by jury

Criminal Law Civil LawProsecution v. Defendant Plaintiff v. Defendant

The government is an active participant in the case, having a stake in the outcome

The government is an unbiased participant, simply providing a forum for the resolution of the dispute

Its purpose is to punish those that break laws that are made in the best interest of society

Its purpose is to resolve disputes between individuals, groups, organizations, etc.

The wrong committed is known as a “crime” The wrong committed is known as a “tort”

Guilt must be proven “beyond a reasonable doubt” Liability must be supported “by a preponderance of the evidence”

The 6th Amendment guarantees the right to a trial by jury

The 7th Amendment guarantees the right to a trial by jury

In PA, the jury must be unanimous to render a verdict (12 of 12)

In PA, the jury must vote 10 of 12 to render a verdict

Criminal Law Civil LawProsecution v. Defendant Plaintiff v. Defendant

The government is an active participant in the case, having a stake in the outcome

The government is an unbiased participant, simply providing a forum for the resolution of the dispute

Its purpose is to punish those that break laws that are made in the best interest of society

Its purpose is to resolve disputes between individuals, groups, organizations, etc.

The wrong committed is known as a “crime” The wrong committed is known as a “tort”

Guilt must be proven “beyond a reasonable doubt” Liability must be supported “by a preponderance of the evidence”

The 6th Amendment guarantees the right to a trial by jury

The 7th Amendment guarantees the right to a trial by jury

In PA, the jury must be unanimous to render a verdict (12 of 12)

In PA, the jury must vote 10 of 12 to render a verdict

A “plea bargain” is often used to avoid trial A “settlement” is often used to avoid trial

Criminal Law Civil LawProsecution v. Defendant Plaintiff v. Defendant

The government is an active participant in the case, having a stake in the outcome

The government is an unbiased participant, simply providing a forum for the resolution of the dispute

Its purpose is to punish those that break laws that are made in the best interest of society

Its purpose is to resolve disputes between individuals, groups, organizations, etc.

The wrong committed is known as a “crime” The wrong committed is known as a “tort”

Guilt must be proven “beyond a reasonable doubt” Liability must be supported “by a preponderance of the evidence”

The 6th Amendment guarantees the right to a trial by jury

The 7th Amendment guarantees the right to a trial by jury

In PA, the jury must be unanimous to render a verdict (12 of 12)

In PA, the jury must vote 10 of 12 to render a verdict

A “plea bargain” is often used to avoid trial A “settlement” is often used to avoid trial

Punishments: jail, fines, probation, death The defendant is usually ordered to pay “damages”

Criminal Law Civil LawProsecution v. Defendant Plaintiff v. Defendant

The government is an active participant in the case, having a stake in the outcome

The government is an unbiased participant, simply providing a forum for the resolution of the dispute

Its purpose is to punish those that break laws that are made in the best interest of society

Its purpose is to resolve disputes between individuals, groups, organizations, etc.

The wrong committed is known as a “crime” The wrong committed is known as a “tort”

Guilt must be proven “beyond a reasonable doubt” Liability must be supported “by a preponderance of the evidence”

The 6th Amendment guarantees the right to a trial by jury

The 7th Amendment guarantees the right to a trial by jury

In PA, the jury must be unanimous to render a verdict (12 of 12)

In PA, the jury must vote 10 of 12 to render a verdict

A “plea bargain” is often used to avoid trial A “settlement” is often used to avoid trial

Punishments: jail, fines, probation, death The defendant is usually ordered to pay “damages”

Examples: Murder, Rape, Arson, Assault Examples: personal injury (torts), divorce, child custody, broken contracts, etc.

Criminal Law vs.

Civil Law

Essential Question: How does criminal law differ from civil law?