Criminal and Juvenile Justice

1. Criminal and Juvenile Justice Chapter 20

2. 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?

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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.

10. 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.

11. 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).

12. 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

13. 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

14. 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?)

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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