CRIMINAL AND JUVENILE JUSTICEChapter 20

ESSENTIAL QUESTIONS

What types of crimes are common in our society?

How would a criminal case move through the court system?

How is the juvenile justice system both similar and different from the criminal justice system?

TYPES OF CRIME

Crimes against people: Acts that threaten, hurt, or end a person’s life

EX: murder, rape, and assault

Crimes against property: Occur most often and involve some type of

stealing EX: robbery, arson, and vandalism

White-collar crimes: Nonviolent crimes by office workers for personal

or business gain EX: embezzlement, stealing company secrets, and not

paying taxes

TYPES OF CRIMES

Victimless crimes: Acts that primarily hurt the people who commit

them EX: drug use and gambling

Crimes against the government: Treason and terrorism

Treason: the betrayal of one’s country by helping its enemies or by making war against it

Terrorism: people or groups of people use, or say they will use, violence in order to get what they want from the government or society

POTENTIAL CAUSES OF CRIME

Poverty Social change and changing values Poor parenting Drug abuse Permissive courts Not enough money for police Violence in the media No single cause

THE CRIMINAL JUSTICE SYSTEM

Two different responsibilities: 1. Protect society against those who break the

law 2. Protect the rights of people accused of a crime

THE PROCESS: MAKING AN ARREST

Innocent until proven guilty Two Ways To Make An Arrest:

Probable cause: a good reason to believe that a suspect has been involved in a crime EX: witness to a crime, reports of a crime

Warrant: a legal paper, issued by a court, giving police permission to make an arrest, seizure, or search Police must give evidence to the judge in order to

obtain a warrant

THE PROCESS: MAKING AN ARREST

Police must read the suspect their rights. Miranda Warning (aka Miranda Rights): “You have

the right to remain silent, you have the right to an attorney…”

At the police station: (Booking) Suspect’s name Time of arrest Charges or reason for arrest Call for lawyer or arrangements Placed in a jail cell

THE PROCESS: PRELIMINARY HEARING

When a suspect goes to court, they are called the defendant. (Felony and Misdemeanor)

Prosecutor’s job: Show the judge a crime has been committed and that there is sufficient evidence against the defendant

Judge’s job: Decide if there is enough evidence against the defendant

Right to a lawyer/attorney (defense attorney). Not enough $ = court will appoint one.

THE PROCESS: PRELIMINARY HEARING

Pleas: guilty, not guilty, no contest (aka Nolo Contendere) - does not admit to the crime, but accepts punishment

Judge may Set bail: money that a defendant gives the court

as a kind of promise that he/she will return for the trial.

Release the defendant on their “own recognizance”: defendant is not considered a risk to society and likely to appear at the trial

Refuse bail: the defendant is dangerous to society. Kept in jail.

THE PROCESS: GRAND JURY

In cases involving serious federal crimes Approximately 16-23 citizens decide if there

is probable cause for believing the defendant committed the crime. Used as a check on the government (protect the

rights of the accused) Indictment: a formal charge against the

accused, or refuse to indict A defendant who is indicted must appear in court

for a felony arraignment Arraignment: a court hearing in which the defendant is

formally charged with a crime and enters a plea of guilty, not guilty, or no contest (Nolo Contendere).

THE PROCESS: PRETRIAL MOTIONS

If the defendant pleads “not guilty”: Defense attorneys usually make a motion to

keep evidence from being admitted in court EX: police obtained the evidence through an

illegal search If evidence cannot be presented in court, the

prosecution may have to drop the case

THE PROCESS: PLEA BARGAINING

Defendant pleads guilty, there is no trial Means: “Lets make a deal”

Plea Bargaining: agreeing to plead guilty in exchange for a lesser charge or a lighter sentence Defendant gets a lighter punishment Government is saved the cost of a trial

GOING TO TRIAL

Step 1: Jury Selection Regular everyday citizens Questioned by attorneys on both sides or the

judge Step 2: The Trial

Speedy and Public Purpose: decide guilt or innocence Defendant’s rights at trial:

Call witnesses and question witnesses called by the prosecution.

Can be present in the courtroom Does NOT have to answer questions (Amendment?)

GOING TO TRIAL

Step 2: The Trial (Continued) Attorney Responsibilities

Both sides call witnesses Cross-examine each other’s witnesses Present closing arguments

Judge Responsibilities Gives directions to the jury and sends them to

deliberate Jury Responsibilities

Decide guilty beyond a reasonable doubt, or not guilty If no one can agree, it is a hung jury

The case will be tried again with a different jury

GOING TO TRIAL

Step 3: Sentencing Deciding how the defendant will be punished

Law sets min and max sentence (usually) Judge considers:

The severity of the crime The criminal record Age Attitude of offender Ability to pay

CORRECTIONAL INSTITUTIONS

Options: community treatment program, jail, or prison

Cities and counties = jails Hold people waiting for trial, or those convicted

of misdemeanor offenses State and federal governments = prisons

Hold people convicted of serious crimes: murder and robbery

Called inmates Parole: letting an inmate go free to serve the rest

of his or her sentence outside of the prison good behavior: must go before a parole board

JUVENILE COURTS

Until the 1800’s, children accused of crimes were treated like adults

Goal: to help juveniles in trouble, not punish them

Most states consider a juvenile under the age of 18, other states say 16 or 17

Delinquent: a juvenile who is found guilty of a crime

Status offender: a youth found guilty of running away, disobedience, or truancy

JUVENILE COURT PROCESS

THE ARREST Police have the power:

Send the child home Give the case to a social service agency Send the child to a county detention home or juvenile

hall

INTAKE Intake: informal court process

Decide if case goes to juvenile court Social worker will ask the juvenile questions and look

at past record and family situation

25% of all cases are dismissed

JUVENILE COURT PROCEDURE THE INITIAL HEARING Judge has to be convinced that a law was broken and

that there is evidence against the juvenile

THE ADJUDICATORY HEARING Takes the place of a trial in the criminal system

Not public, No jury Juvenile may have an attorney

THE DISPOSITIONAL HEARING Judge decides the sentence: considers youth’s

school situation, family, and past behavior Sent to state institution for juveniles, group home or

community treatment program, or probation

JUVENILE COURT PROCEDURE

AFTERCARE When released from an institution Each youth is given a parole officer

The officer gives advice and information about school, jobs and other necessary services