Chapter 15 Criminal and juvenile justice

15.1 Crime in American Society Criminal and Juvenile Justice

Americans are concerned about crime. Problem of Crime Americans are concerned about crime. Every 22 seconds a violent crime takes place, while every 3 seconds a property crime occurs. Crime costs people, businesses, and government billions of dollars every year. Crime makes people afraid. In general, cities and poor neighborhoods have more crimes than rural areas or wealthy neighborhoods. Put extra locks Do not go out at night Suspicious of strangers

Types of Crimes Crimes against people Crimes against property White-Collar Crime Victimless Crimes Crimes against Government

Types of Crime I: Crimes Against People Acts that threaten, hurt, or end a person’s life. Violent crimes. An attack on a person for the purpose of causing injury to that person’s body. Most common Killing someone Murder: when a killing is planned ahead of time Manslaughter: a killing that happens by accident or in a fit of anger Assault Homicide Killing someone in self-defense is not against the law, if that is the only way to save your life.

Types of Crime II: Crimes Against Property Stealing Arson Vandalism Larceny Without violence Shop lifting, stealing a car Robbery By force or by threat of violence Also crime against person Burglary Breaks into a building and plans to do something illegal inside. May or may not involve stealing The act of setting fire to someone’s property on purpose Purposely damaging property Breaking windows and painting graffiti

Types of Crime III: White-Collar Crime Taking someone else’s property or money by cheating or lying. Stealing company secrets Not paying taxes Fraud Other Stealing money that has been trusted to your care. Embezzlement

Types of Crime IV: Victimless Crimes Acts that hurt no one except the people who commit them. Drug use and gambling. Against common values or hurt society as a whole. There is disagreement over whether some victimless crimes should be crimes at all. – cuts down on the freedom of the individual; bad influence, often turn good people to violent crime to pay for their habits.

Types of Crime V: Crimes against Government Crime in which people or groups of people use, or say they will use, violent acts in order to get what they want from government or society. Terrorism Betray of one’s country by helping its enemies or by making war against it Treason Benedict Arnold -- was a general during the American Revolutionary War. He began the war in the Continental Army but later defected to the British Army. While he was still a general on the American side, he obtained command of the fort at West Point, New York, and plotted unsuccessfully to surrender it to the British. After the plot was exposed in September 1780, he entered the British Army as a brigadier general.

Poverty Rapid Social Change Poor Parenting No Single Cause Opinions about the causes of crime vary. Causes may include and combinations of these. Violence in the Media Not Enough Money for Police Poverty Rapid Social Change Permissive Courts Poor Parenting Drug Abuse No Single Cause

15.2 The Criminal Justice System Criminal and Juvenile Justice

“In the Criminal Justice System, the people were represented by two separate yet equally important groups: the ________, who investigated crime, and the ______________________, who prosecuted the offenders. These are their stories…” Chung-chung! Police District Attorneys

The Role of Police Local Police State Police Federal law Patrols neighborhoods Arrest law breakers Help solve disputes Writes traffic tickets Varies from state to state Protect automobile drivers and enforce traffic laws on state highways Local Police Federal Bureau of Investigation Gang wars and drug dealing. Enforce federal laws such as those against bank robbery and kidnapping State Police Federal law enforcement agencies

Criminal Justice System Police Courts Prisons The police may arrest people for probable cause. The police may also arrest a person by securing a warrant from a judge. A good reason to believe that a suspect has been involved in a crime. When a person is arrested, it means that he is no longer free to go. A legal paper, issued by a court, giving police permission to make an arrest, seizure, or search.

Many constitutional guards protect accused people. These include the Miranda warning against self-incrimination at the time of arrest and guaranteed representation by a lawyer. You have the right to remain silent and to have a lawyer present during questioning. You have the right to call a lawyer or a friend who can arrange for a lawyer. The case will be given to a prosecuting attorney, or prosecutor (District Attorney) to lead the government’s case against the accused. If the prosecutor decides that the case against the accused is too weak, the charges may be dropped, and the suspect released.

What Happens to Someone Who is Arrested? Preliminary hearing A formal change against a person accused of a crime. Plea Bargaining Grand Jury Pretrial Motions Enter a plea of guilt, not guilt or a plea of “no contest” “recognizance”; bail; jail. Serious federal crimes and some state crimes. Group of 16 to 23 citizens. Decide if there is a probable cause. Indictment or refuse to indict A defendant who is indicted must appear in court for a felony arraignment plea guilty. To make a deal with the prosecutor when one know one had broken the law and that the evidence against oneself was strong. Defendant gets milder punishment; Government saves time and cost of a trial plead non-guilty Kept back the evidence from being presented in court Protect individual constitution right. Money that a defendant gives the court as a promise that he or she will return for the trial. A court hearing in which the defendant is formally charged with a crime and enters a plea.

Going to Trial Jury Selections Questioned by both attorneys Player 1: The Judge Presided over trials, decided punishments. The robe was worn in order to “leave something to the imagination.” Player 4: The Scumbag Knew if she kept her pretty little trap shut, those saps on the jury would let her off. Jury Selections Questioned by both attorneys People who will listen carefully to the evidence presented in court and then make up their minds fairly. The Trial The rights of due process by the constitution guarantees a speedy and public trial At its essence, it required five main players A jury must decide if the defendant is guilty “beyond reasonable doubt”. Hung Jury—case tried again before another jury. Sentencing Deciding how the defendant will be punished. Laws set both the maximum and minimum sentences for each crime, the judge has the power to decide the exact sentence. Player 2: The Prosecutor Was interested in only two things: justice and keeping her Conviction percentage high. Not in that order. Player 5: The Jury Twelve angry people, each with assigned roles: #8, the lone dissenter; #10, the racist; #3, the lonely retiree who never, ever wants the trial to end. Player 3: The Defense Attorney One of the 5% law school Graduates who actually used his degree to help people—or To subvert society from within, Depending on who you ask.

Correctional Institutions An inmate’s time in prison may be lowered for good behavior. Letting an inmate go free to serve the rest of his or her sentence outside of prison—parole. “Parole Board” decides. Run by cities and counties. Hold people waiting for trial Misdemeanors Jails Run by both state and federal governments Felonies People who are in prison are called inmates Prisons At the end of 1999, there were 1.4 million state and federal inmates and about 700,000 inmates in local jails. In 1196, state prisons spent a total of $22 billion, or about $20,100 annually per inmate. Did you know?

Facts and Quotes Source: U.S. Department of Justice Crime Average Sentence Average time served Homicide 9 years, 5 months 4 years, 11 months Kidnapping 11 years, 4 months 8 years, 1 month Robbery 7 years, 7 months 5 years, 1 month Assault 3 years, 3 months 2 years, 1 month

Prisons in America are overcrowded because more and more criminals are receiving jail sentences. Some communities organize to prevent crimes “Neighborhood Watch”, while other people work for tougher criminal penalties “Death penalties, or capital punishment”. Still others believe in rehabilitation of prisoners so that they will not return to crime when released. Average of over 7 million arrest annually. Number of inmates nearly doubled during the 1990s, as arrests and average prison sentences both increased. Did you know? State prisons housed up to 17 percent more inmates than they were designed to hold. Fed prisons housed 32 % beyond their capacity.

Watching: Law and Order On a piece of paper: Summarize the episode. What type of crime? Evaluate: Was the defendant found guilty? If yes, what is the penalty?? Do you think justice is served? Vocabulary: Copy down the vocabulary you learned in this chapter that you heard on the show—and form a sentence with it.

15.3 The Juvenile Justice System Criminal and Juvenile Justice

Until about 100 years ago, children who were accused of committing crimes were treated just as adults were. Today the juvenile justice system exists for young people. Juvenile courts have been set up to help rather than punish juvenile offenders. First juvenile court was opened in Illinois in 1899. Purpose: to give personal attention to each youth.

Who enters the juvenile system? Most states consider a juvenile anyone who is under 18. In some states, the age is 16 or 17. (Minors are 15 or below) Juveniles found guilty of crimes are called delinquents. Some offenses, such as truancy, disobedience, or running away, apply only to young people. A juvenile guilty of one of these acts is called a status offender. In eleven states, including Georgia, Illinois, Louisiana, Massachusetts, Michigan, Missouri, South Carolina, and Texas, a "juvenile" is legally defined as a person under seventeen. In two states, New York and North Carolina, "juvenile" refers to a person under sixteen. In other states a juvenile is legally defined as a person under eighteen

In some cases, the juveniles are put on probation. Criminal Justice Unlike the criminal system, the steps of a juvenile court case take place in private, in front of a judge, and without a jury. Juveniles found guilty are not sent to prison but to state institutions or group homes. In some cases, the juveniles are put on probation. Criminal Justice Requires grand jury to decide on a verdict of guilty or not guilty Public Prison, Jail, or Probation. Juvenile Justice In front of a judge, and without a jury Private Parole, rehabilitation institution, group home. A kind of sentence in which a person goes free but must be under the supervision of a court official called a probation officer.

The Juvenile Court Process Released Referred to social service Under custody of parents or held in detention home. Not Guilty Released by judge Dispositional hearing Decides on the sentence—using information about the youth’s school situation, family and past behavior. Released at police station Adjudicatory hearing The trial Not public, no jury May have an attorney Decide the defendant to be a delinquent or not Initial hearing Need evidence to that the young person was the one who did it. Intake Informal court process deciding if the case should be sent to juvenile court. Take into Custody Arrest for a crime, e.g. “shoplifting” Probation Group home or treatment center Juvenile Institution The Juvenile Court Process

Americans are divided about the treatment of young offenders. Some say that the courts do help young offenders stay away from crime, while others say that the courts should use stronger punishments. Some successful programs for juvenile offenders include community treatment centers and wilderness programs such as Outward Bound. Wilderness programs take juvenile delinquents away from the environments in which they committed crimes; they help increase self-esteem, and give juveniles a sense that they can change their environments in positive ways.

Video 1: A New Model for Juvenile Justice http://www.youtube.com/watch?v=ExPSUl8-hVU

Video 2: Serious Juvenile Crime Rising http://www.youtube.com/watch?v=DNh232YLsAg

Video 3: Inside Juvenile Prison on the Job with the Superintendent http://www.youtube.com/watch?v=JiWok5rg1-8

Video 4: Quiet Kid Learns to Cope in Prison http://www.youtube.com/watch?v=PAS4uSDJe9k

Design a Juvenile Justice Program After watching the video clips In groups of 3-4. Write on another folder paper. Think about the best possible program for dealing with young offenders and to design a program you think might work. Decide who should or should not be included in juvenile justice program. How to handle different offenders? Is there any kind of juvenile offenders who should receive long jail terms instead of juvenile dispositions? What are some home and community problems that might affect rehabilitation? Present to the class. 10 points.

- Civics Quote of the Day - Homework Chapter 15 Assessment - Civics Quote of the Day - “Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws.” Plato, ancient Greek philosopher

Chapter Assessment For each pair, explain how the terms have in common and how they are different. Arraignment and indictment Both are part of the process of charging a person with a serious crime. Indictment is the formal charge against the accused while arraignment is the court hearing in which a defendant is charged. Probable cause and warrant Both relate to how a suspect may be legally arrested. Probably cause means having good reason to believe a suspect was involved in a crime; a warrant is a court order to arrest a suspect based on the probably cause.

Chapter Assessment For each pair, explain how the terms have in common and how they are different. Probation and Parole Both free a person found guilty of a crime. A parole allows a prisoner to serve the remainder of a sentence outside of prison. Probation is a sentence under supervision instead of imprisonment. Delinquent and Status offender Both describe juvenile offenders. A delinquent has been found guilty of a crime; a status offender has been found guilty of an act illegal only for juveniles.

Because property is taken from a person by force or threat of force. Chapter Assessment 5. Why is robbery considered both a crime against a person and a crime against property? Because property is taken from a person by force or threat of force. 6. Why do many people believe that some “victimless” crimes really do hurt innocent people? Some people believe those who commit “victimless” crimes hurt innocent people because they are a bad influence and commit crimes in order to pay for their habits.

Chapter Assessment 7. What are the two responsibilities that the criminal justice system must balance? To protect the society from criminals and to protect the rights of the accused. 8. What is the role of a grand jury? To determine if there is enough evidence to charge someone with a crime.

Chapter Assessment 9. What are some of the factors a judge consider when deciding the sentence of a lawbreaker? The degree of harm done, and the defendant’s age, attitude, and criminal record. 11. Do you agree wit the use of plea bargaining as a method of settling criminal cases quickly? Why or why not? Answers may include: Helps an over crowded system; or it lets criminal off too easily.