Types of Trials

Civil Cases

A civil case is a trial that is comprised of a disagreement between two or more people or businesses. These cases do not involve criminal charges, but rather civil charges. Some examples of civil court cases are:

1. Disputes between landlords and tenants

2. Cases involving divorces

3. Cases where one person or part is suing another person or part for damages

Criminal Cases

Criminal Cases take place before a judge and jury when a defendant is accused of committing either a misdemeanor or a felony crime. The main types of criminal cases are:

1. Drug cases

2. Domestic violence cases

3. Driving under the influence (DUI) cases

4. Disorderly conduct cases

5. Public intoxication cases

6. Assault and battery cases

7. Property crimes like shoplifting, theft, and grand larceny

8. Damage to property

9. Murder cases

Juvenile Cases 

Juvenile cases are trials that involve a minor who is under the age of majority. The family division of the circuit court typically hears these cases. If a crime is severe enough, it is possible for a minor to be tried in a criminal court instead of the juvenile court based on the individual’s age, mental state, and the type of crime they are being tried for. The three main types of juvenile cases are:

1. Juvenile delinquency cases

2. Child protective hearings

3. Traffic cases

Traffic Cases

Traffic cases are one of the most common trial types and as the name indicates, they are trial on traffic violations. However, if a traffic violation is severe enough, it can instead be considered a civil infraction or a misdemeanor; in which case it may instead be tried in a criminal or civil court depending on the violation. The most common types of traffic cases are:

 1. Driving over the speed limit

2. Driving through a red light

3. Failing to make use of a turn signal when turning

4. Crossing the median

5. Driving in car pool lane without the required number of passengers

6. Not stopping for a school bus

7. Not stopping for pedestrians

8. Not using a seat belt or having a those riding in the vehicle not wearing a seatbelt

9. Failing to come to a full and complete stop at a stop sign

10. Driving without a license

Mistrials

Mistrials can be caused if a jury becomes deadlocked and cannot reach a consensus (hung jury), unfair jury selection, and/or when unfair comments are made within the hearing of jurors. Of these cases, hung juries tend to be the most prevalent reason for mistrials as approximately 5.5% of criminal trials result in a hung jury (Kalven & Zeisel, 1966) and about 12.2% of criminal trials result in mistrials due to hung juries (Flynn, 1977). The main reasons for hung jury mistrials tend to be a lack of understanding of jury instructions, confusion in regards to group consensus building, and inability to reach an acceptable compromise (Bornstein & Greene, 2011). Juries often waste time deliberating over the jury instructions themselves, only to fail to reach a consensus in regards to how they understand the instruction before they even begin deliberating the facts of the case itself. This is something a writer can exploit if he or she is attempting to write a hung jury mistrial. If the writer wanted the mistrial to be caused by unfair comments, then the writer could have a member of the press share case information with members of the jury. If the mistrial is to be caused by an unfair jury then the writer could have the jury be unfairly prejudiced against or for the defense.