c riminal and j uvenile j ustice chapter 20. e ssential q uestions what types of crimes are common...
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CRIMINAL AND JUVENILE JUSTICEChapter 20
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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?
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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
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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
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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
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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
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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
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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
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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.
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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.
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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).
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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
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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
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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?)
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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
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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
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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
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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
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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
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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
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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