Civil and Criminal Law Chapter 16 (Part 2)

Criminal Cases O Criminal Cases are when the state or federal government charges someone with a crime O The government is always the prosecution – the party accusing another of committing a crime – breaking law O Crimes are defined in each state’s penal code – written criminal laws and punishments O Crime Types: O Misdemeanors – fines, sentencing to less than a year O Felonies – serious crimes O Penalties 1. Punishment so that a criminal pays for crime 2. Protects society by confining criminals in prison 3. Keep others from committing same crime

Sentencing O Sentencing – punishment for a crime O All judges and circumstances of cases are different, so sentences can vary O Parole – some prisoners become eligible to get out of jail early based on behavior O Mandatory Sentencing O Means that judges must impose whatever sentence the law directs O Types of Sentencing: 1. Suspended Sentence – sentence given, but not served at that time 2. Probation – supervised release 3. Home confinement – serves sentence from home 4. Monetary Fine – damages are paid 5. Restitution – pay back or make up damages 6. Work release – works, but returns to prison at night and weekends 7. Imprisonment – Confined for duration of sentence 8. Death – sentenced to die for their crime

Procedure O Arrest: O Police arrest and book a suspect O Preliminary Hearing: O Suspect appears before judge, bail is set O Indictment: In Grand Jury cases Jury or Judge hears evidence and formally charges suspect with crime. O Arraignment: O Option 1 – Not Guilty – trial date is set O Option 2 – Guilty – accepts plea bargain

Procedure cont… O Trial: O Prosecution and defense present their cases to the judge and jury O Jury reaches a verdict O The Case O Jury Selection O Witnesses present testimony – answers they give under oath and will tell “the truth, the whole truth, and nothing but the truth.” O Cross Examination – interviewed by opposing lawyer

The Verdict O Jury chooses a foreperson who will lead the discussion of the jury O Jury deliberations are secret and have no time limit O Decision: O Acquittal – vote of not guilty, defendant is officially released O Guilty – judge sets court date for sentencing O Alternatives O Hung Jury – Jury cannot agree on a verdict – judge rules trial a mistrial O Appeal – If defendant is found guilty, they can appeal for a ruling from a higher court

Juvenile Delinquency O Juvenile – anyone under the age of 18 (in most states) is considered a juvenile O Juvenile delinquents – young people who commit crimes O Cases handled in Juvenile Courts O Neglect Cases – care givers neglect or abuse O Delinquency – committed crime O Primary goal for juveniles is rehabilitation – correction of a person’s behavior O Job training, drug-treatment, counseling O Supreme Court O Has ruled to defend rights of juveniles…”neither the 14 th Amendment nor the Bill of Rights is for adults alone.”