Court Systems in America

TypesIn the American Judicial System, there are

2 types of laws 2 types of courts

1. Civil

2. Criminal

1. Adult Court

2. Juvenile Court

Civil and Criminal Laws

0Civil Laws – Deal with noncriminal issues – related to persons or things.

0Criminal Laws – Deal with persons who break a law.

Adult Courts – Why?

0Adult Court – set up for persons over a set age (usually 18)

Adult Civil Courts

0Adult Civil courts want to:A. Provide compensation – (a payment)

monetary payment for damage caused by another person

B. Provide equity – (fairness) justice under the law

Adult Criminal Courts

0Adult Criminal courts want to:

A. Make criminals suffer for breaking the lawB. Physically stop criminals from hurting

anyone elseC. Convince criminals not to break the law

againD. Help them see what they did wrong and

help them rehabilitate (change) their ways

Adult ProceduresA. Adults are arrestedB. They come in front of a judgeC. The judge decides whether to set

bail or notD. They go to court to be arraigned

– plead guilty or not guiltyE. They go to trialF. The judge or jury decides if they

are guiltyG. If guilty the judge decides the

punishment

Juvenile Courts – Why?0Juvenile Court – set up for persons

under a set age (usually 18)

0Goal is to rehabilitate – restore to useful life through treatment and education

Juvenile Courts

0Juvenile courts want to:

A. Help youth avoid criminal behavior in the future

B. Treat and rehabilitate youthC. Punish youthful lawbreakers.

Juvenile Procedures

A. Youth are arrestedB. Police decide whether to

return them to their parents or hold them in juvenile hall

If the youth is sent to juvenile hall Staff at juvenile hall will meet, review the evidence and decide if they will go to court or not

No Court Means:

If they do NOT go to court, staff have 3 options:1. Dismiss the charges2. Give the youth probation3. Refer the youth to a treatment program

Court Means

If they DO go to court they will:1. Have an initial hearing and decide if they

will go home until their hearing or stay in detention

2. They will have a delinquency hearing

(NOT a trial).

3. Judge decides if they are delinquent (failed to do what the law requires) or innocent

4. Judge decides the punishment

Punishment for a Delinquent0If you are found delinquent the judge can:A. Give probationB. Order counseling or drug treatmentC. Send to reform school D. Order restitution – act of making up for the

loss or damage

Juvenile Death PenaltyChristopher Simmons committed murder at age 17 in Missouri. Napoleon Beazley committed murder at age 17 in Texas. They were both tried as adults and received death sentences. Christopher was raised in an alcoholic, dysfunctional family. His stepfather was psychologically and mentally abusive. Christopher had no previous criminal record. A psychologist found that he suffered from mental illness. Napoleon had never been arrested before the murder. He was senior class president, and was runner up for his high school's title of "most athletic." He was a regular church-goer and was highly regarded by its members. He had a reputation for being "polite, courteous, respectful, friendly and kind." Napoleon and Christopher both expressed remorse for their crimes. They were thought of as model prisoners. Christopher was white. Napoleon was black. On May 28, 2002, Napoleon was executed in Texas, while Christopher was granted a temporary stay of execution while the Missouri Supreme Court considered his case.

Based on the reading above, answer the following questions.

_____1. Both boys were the same age when they committed their crime.A. TRUE B. FALSE

_____2. What were the boys found guilty of? A. Murder B. Robbery

_____3. Both boys were raised in bad homes. A. TRUE B. FALSE

_____4. Both boys were black. A. TRUE B. FALSE

_____5. Both boys were executed for their crime. A. TRUE B. FALSE

_____6. According to a psychologist, Christopher suffered from a mental illness. A. TRUE B. FALSE

_____7. Napoleon had been convicted of several crimes. A. TRUE B. FALSE

_____8. Who was executed first? A. Napoleon B. Christopher

_____9. Which of the boys had the better social life? A. Napoleon B. Christopher

_____10. Both boys were in trouble, even in prison. A. TRUE B. FALSE

Each state considers different ages appropriate for the death penalty. Review the handout “The Juvenile Death Penalty” and answer the following questions._____1. How many age groups are listed?a. 4 b. 3 c. 2

_____2. What is the youngest age for the death penalty?b. 16 b. 17 c. 18

_____3. Which age is the least popular for the juvenile death penalty?c. 16 b. 17 c. 18

_____4. What age does Alabama use for considering the death penalty?d. 16 b. 17 c. 18

_____5. Do all states have the death penalty?e. Yes b. No

_____6. Does the US Military have a death penalty option?f. Yes b. No

_____7. Why are Dakota and Wyoming different from the other states on the list?g. They have now signed bills to abolish the juvenile death penaltyh. They are located in the Southi. They have the most juveniles on death row

_____8. What state has decided that the juvenile death penalty violated the Eighth Amendment of the Constitution?j. Dakota b. Wyoming c. Missouri

_____9. The information on this chart is based on what year?k. 2009 b. 2005 c. 2004

_____10. What is the age for the death penalty in Washington DC?l. 16 b. 17 c. NONE – they don’t have the death penalty

The Courtroom

0The courtroom has assigned places in the room set for the people who are part of the case. Color and complete this diagram of a courtroom.