1. C RIMINAL AND J UVENILE J USTICE Chapter 20

2. E SSENTIAL Q UESTIONS 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. T YPES OF C RIME 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. T YPES OF C RIMES 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. P OTENTIAL C AUSES OF C RIME 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. T HE C RIMINAL J USTICE S YSTEM Two different responsibilities: 1. Protect society against those who break the law 2. Protect the rights of people accused of a crime

7. T HE P ROCESS : M AKING AN A RREST 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. T HE P ROCESS : M AKING AN A RREST 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. T HE P ROCESS : P RELIMINARY H EARING 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. T HE P ROCESS : P RELIMINARY H EARING 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. T HE P ROCESS : G RAND J URY 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. T HE P ROCESS : P RETRIAL M OTIONS 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. T HE P ROCESS : P LEA B ARGAINING 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. G OING TO T RIAL 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. G OING TO T RIAL 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. G OING TO T RIAL 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. C ORRECTIONAL I NSTITUTIONS 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. J UVENILE C OURTS 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. J UVENILE C OURT P ROCESS 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. J UVENILE C OURT P ROCEDURE 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. J UVENILE C OURT P ROCEDURE 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