Changes

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In addition, a far greater number of cases are filed in state court each year.

Thousands of the prisoner petitions and civil rights actions concern the First and Fourth Amendments.  Many also include claims brought under other amendments in the Bill of Rights, such as the Fifth, Sixth and Eighth Amendments.  Some lawsuits brought by prisoners are based on the "Cruel and Unusual Punishment" Clause of the Eighth Amendment, but they rarely succeed.

In personal injury cases, plaintiffs often prefer to be in state rather than federal court.  Can you think of why?  (Answer: damage awards in state court tend to be higher).  In criminal cases, defendants typically prefer to be in state court too.  Do you know why?  (Answer: federal courts tend to favor prosecutors more than state courts do; acquittal rates are much higher in state court, and sentencing is often more reasonable).  But defendants usually do not have a choice: it is the plaintiff who chooses the court.

In personal injury cases, plaintiffs often prefer to be in state rather than federal court.  Can you think of why?  (Answer: damage awards in state court tend to be higher).  In criminal cases, defendants typically prefer to be in state court too.  Do you know why?  (Answer: federal courts tend to favor prosecutors more than state courts do; acquittal rates are much higher in state court, and sentencing is often more reasonable).  But defendants usually do not have a choice: it is the plaintiff who chooses the court.