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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