CHAPTER 14- THE AMERICAN JUSTICE SYSTEM
14.1- CIVIL LAW
Whose fault would it be if you went to someone else's house and accidentally tripped over some rollerblades that had been left lying on the front porch? what would you do if you took a bad fall and needed a trip to the emergency room? Who do you thing should pay for the emergency room visit?
Civil law deals with this kind of question. Civil law deals with noncriminal disputes, providing a way to settle personal disputes that do not involve criminal activity- such as who should pay for your emergency room visit. generally, people file civil lawsuits in court because they believe they have been harmed and should get compensation, some kind of payment to make up for it.
Remedies
When one person sues another person, he or she asks the court to provide a remedy- a solution to the harm caused by the person accused. Judges and juries use laws to settle these conflicts and decide remedies. Civil law provides two kinds of remedies for breaking the law:
Compensation
Civil law provides a way for you to get compensated for damage caused by another person. A plaintiff- the person suing- can ask the defendant- the person being sued to pay.
Equity
Not every lawsuit can be settled with money. Judges use general rules of fairness, or equity, to create a remedy in some situations. Judges usually establish equity by ordering the defendant to do something or to stop doing something.
Example: A homeowner wants the court to make her neighbor clean up his yard because the yard is a mess, with trash piled up everywhere. The garbage stinks and is attracting rats. If the court decides that the messy neighbor is doing something wrong- for example, creating a danger for people in the neighborhood- the judge can order him to clean up his yard.
Types of Civil Cases
Citizens file new lawsuits in the United states courts every day. In the year 2000, more than 259,000 civil cases were filed in US District Courts. The suits were filed for a wide variety of reasons, but most fell into five broad categories:
Contracts and Private Agreements
When you make a deal with a friend to trade video games, you and your friend make a contract. In other words, you promise to give your friend something and in return your friend promises to give something to you. Courts treat these contracts or agreements as if they were laws.
Examples: Contracts can be simple or complex. Examples might include:
Personal Injury or Property Damage
Personal injuries and torts account for nearly 40 percent of all civil cases filed. A tort is a damage caused to one person, other than a broken contract, for which someone who caused the damage is legally responsible.
A tort can be intentional, such as an angry punch in the nose, but most torts result from carelessness, such as riding a bicycle on the sidewalk and running into someone. The injury that forms the basis of a tort can also be damage to someone's reputation and image, or deliberately caused mental distress.
Example: A tort can result if someone beats you up and physically injures you. This kind of behavior can also be prosecuted as a crime.
Disagreements over Property
Civil law also deals with disagreements about things people own, called property. These situations usually involve disagreement about who owns the property or how it can be used.
Example: Common property disagreements involve land or buildings, inheritance rights (what happens to someone's property when he or she dies), and apartment rental agreements between landlords and tenants.
Consumer Protection
Consumers are people like you and your parents who buy things to own or to use, such as a house, a smart phone, or toothpaste. Consumer protection laws stop manufacturers, salespeople, and businesses from cheating or taking advantage of consumers. If sellers or manufactures make claims about their products that are false, you, as a consumer, can take them to court.
Example: If you buy a computer that does not work, and the store or manufacturer refuses to solve the problem, consumer law allows you to sue to get your money back.
Domestic Relations
Domestic relations laws regulate disagreements among family members. Family disputes include:
Civil Procedure:
Both parties in a civil lawsuit must follow certain rules or procedures that describe every step of the trial. There are three stages in a civil lawsuit:
Alternatives:
Few lawsuits that are threatened or even started ever go all the way to trial. Many people decide to settle their disagreements before the trial, sometimes before the lawsuit is filed. Reasons for this practice include:
Civil law deals with this kind of question. Civil law deals with noncriminal disputes, providing a way to settle personal disputes that do not involve criminal activity- such as who should pay for your emergency room visit. generally, people file civil lawsuits in court because they believe they have been harmed and should get compensation, some kind of payment to make up for it.
Remedies
When one person sues another person, he or she asks the court to provide a remedy- a solution to the harm caused by the person accused. Judges and juries use laws to settle these conflicts and decide remedies. Civil law provides two kinds of remedies for breaking the law:
- Compensation
- Equity
Compensation
Civil law provides a way for you to get compensated for damage caused by another person. A plaintiff- the person suing- can ask the defendant- the person being sued to pay.
- The amount of money needed to pay for medical treatment
- the cost of fixing or replacing damaged property, such as a car or house.
- Income lost when the plaintiff had to miss work to recover from an injury.
Equity
Not every lawsuit can be settled with money. Judges use general rules of fairness, or equity, to create a remedy in some situations. Judges usually establish equity by ordering the defendant to do something or to stop doing something.
Example: A homeowner wants the court to make her neighbor clean up his yard because the yard is a mess, with trash piled up everywhere. The garbage stinks and is attracting rats. If the court decides that the messy neighbor is doing something wrong- for example, creating a danger for people in the neighborhood- the judge can order him to clean up his yard.
Types of Civil Cases
Citizens file new lawsuits in the United states courts every day. In the year 2000, more than 259,000 civil cases were filed in US District Courts. The suits were filed for a wide variety of reasons, but most fell into five broad categories:
- Disputes about Contracts and Private Agreements
- Personal Injury or Property Damage Claims
- Disagreements over Property
- Consumer Protection Issues
- Domestic Relations
Contracts and Private Agreements
When you make a deal with a friend to trade video games, you and your friend make a contract. In other words, you promise to give your friend something and in return your friend promises to give something to you. Courts treat these contracts or agreements as if they were laws.
Examples: Contracts can be simple or complex. Examples might include:
- An employment agreement. You agree to mow a neighbor's lawn in return for money.
- A business agreement. Two large corporations agree to form one larger business.
Personal Injury or Property Damage
Personal injuries and torts account for nearly 40 percent of all civil cases filed. A tort is a damage caused to one person, other than a broken contract, for which someone who caused the damage is legally responsible.
A tort can be intentional, such as an angry punch in the nose, but most torts result from carelessness, such as riding a bicycle on the sidewalk and running into someone. The injury that forms the basis of a tort can also be damage to someone's reputation and image, or deliberately caused mental distress.
Example: A tort can result if someone beats you up and physically injures you. This kind of behavior can also be prosecuted as a crime.
Disagreements over Property
Civil law also deals with disagreements about things people own, called property. These situations usually involve disagreement about who owns the property or how it can be used.
Example: Common property disagreements involve land or buildings, inheritance rights (what happens to someone's property when he or she dies), and apartment rental agreements between landlords and tenants.
Consumer Protection
Consumers are people like you and your parents who buy things to own or to use, such as a house, a smart phone, or toothpaste. Consumer protection laws stop manufacturers, salespeople, and businesses from cheating or taking advantage of consumers. If sellers or manufactures make claims about their products that are false, you, as a consumer, can take them to court.
Example: If you buy a computer that does not work, and the store or manufacturer refuses to solve the problem, consumer law allows you to sue to get your money back.
Domestic Relations
Domestic relations laws regulate disagreements among family members. Family disputes include:
- Divorce
- Adoption
- Child Custody
Civil Procedure:
Both parties in a civil lawsuit must follow certain rules or procedures that describe every step of the trial. There are three stages in a civil lawsuit:
- Court Pleadings- Both parties in the law-suit give the court and each other pleadings- written explanations of their cases. The plaintiff must explain what the defendant did wrong. The defendant must explain how she or he will respond in court to the charges.
- Gathering Evidence- Both parties collect evidence- proof that supports their claims. They may collect evidence in a number of ways, including interviewing witnesses before the trial and asking to see records such as private notes or financial information.
- Trial- At trial, both parties present evidence to convince a judge or jury that their side is right and the opponent's side is wrong. In civil trials, the parties involved decide whether a judge or jury will make the final decision in the case.
Alternatives:
Few lawsuits that are threatened or even started ever go all the way to trial. Many people decide to settle their disagreements before the trial, sometimes before the lawsuit is filed. Reasons for this practice include:
- Money: Filing and conducting a lawsuit is very expensive. Parties must pay for attorneys and the cost of gathering evidence.
- Time: Court cases can drag on for years as people take time to gather evidence, wait for the case to be scheduled, present their cases, and appeal the court's decision if they lose.
- Mediation: In mediation, and unbiased person meets with the parties involved to help them find possible solutions to their dispute, without taking up court time.
- Arbitration: In arbitration, the parties agree to allow one or more people to review the dispute and decide outcome.
14.2- CRIMINAL LAW
Criminal law consists of laws written by Congress and state legislatures that make certain types of behavior illegal and perishable by fines or imprisonment. In a criminal case, the actions of the defendant are considered to have been serious enough to make him or her a threat to the public good, not just to the victim in the case. The biggest differences between criminal and civil law are in three broad areas.
- Punishment: Those who are found guilty of breaking civil laws do not go to prison.
- Proof of Guilt: The burden of proving a person guilty in a criminal trial is greater.
- Victim: In a civil case, a single person brings suit. In criminal cases, society is also considered the victim of crime.
Types of Crimes
In general, criminal law includes:
In general, criminal law includes:
- Crimes against a person- in which the criminal's aim is to harm the victim personally.
- Crimes concerning property- in which the criminal tries to steal or damage the victim's property.
Penalties for Crimes
Because a crime is considered an act against a community, not just against the victim, the government punishes criminals. A prosecuting attorney brings charges against the defendant for the government on behalf of all citizens.
The punishment handed down by the court is based on the seriousness of the crime. Punishments for crimes are designed to accomplish any or all of the following goals:
Misdemeanors and Felonies
Crimes are divided into two general categories, according to how serious they are: felonies and misdemeanors.
Felonies are more serous crimes, and misdemeanors are considered to be less serious crimes. Many states prevent people who have committed felonies from participating in society by taking away their rights to vote, serve on juries, and hold certain jobs- even after they are released from imprisonment.
Because a crime is considered an act against a community, not just against the victim, the government punishes criminals. A prosecuting attorney brings charges against the defendant for the government on behalf of all citizens.
The punishment handed down by the court is based on the seriousness of the crime. Punishments for crimes are designed to accomplish any or all of the following goals:
- To make criminals suffer for breaking the law and pay back society for the damage caused.
- To physically stop criminals from hurting anyone else. This may be done by putting criminals in jail.
- To convince criminals not to break the law again and to discourage anyone who is thinking about committing a similar crime.
- To make criminals see that they did something wrong and help them change their ways.
Misdemeanors and Felonies
Crimes are divided into two general categories, according to how serious they are: felonies and misdemeanors.
Felonies are more serous crimes, and misdemeanors are considered to be less serious crimes. Many states prevent people who have committed felonies from participating in society by taking away their rights to vote, serve on juries, and hold certain jobs- even after they are released from imprisonment.
14.3- CRIMINAL JUSTICE SYSTEM
You know from watching the evening news or reading your local newspaper that crime is an issue for society today. Police and other law enforcement agencies, such as FBI, courts, jails, and prisons, work together to deal with crime in our communities by protecting:
- Society against people who break the law.
- The rights of people accused of crimes.
What Happens When Someone Is Arrested:
When law enforcement officials believe that someone is guilty of a crime, they place that person under arrest- meaning they hold him or her for trial by authority of the law. An arrest can be made if police:
A judge will give police a warrant- written authority to make an arrest or conduct a search- if he or she is shown enough reasonable evidence that the suspect committed the crime.
Initial Court Appearances
The arrest is only the first step in charging a person with a crime. Very soon after arrest, the prosecutor must bring the defendant before a judge. The judge then does the following.
Arraignment
After the prosecutor files the charges with the trial court, the defendant appears in the court for an arraignment- a session in which she or he pleads not guilty or guilty to the charges. In some states, evidence for more serious crimes must first be presented to a Grand Jury- a group of citizens who decide whether there is enough evidence that the person may have committed a crime. The Grand Jury can then issue an indictment- a formal accusation that leads to trial.
Plea Bargaining
Criminal trials are expensive, and neither the prosecutor nor the defense can be sure how the trial will end. One way to limit the risk and expense through a plea bargain. In a plea bargain, the defendant agrees to plead guilty to a less serious charge without going to trial. In return for the guilty plea, the prosecutor usually agrees to a lighter sentence. Parties may also agree to drop the other charges made against the defendant.
What Happens at Trial:
In a trial, the prosecution, the defendant with a lawyer, the judge, and usually a jury consider evidence and laws related to the case. Both sides present evidence, and the jury decides whether or not the defendant is guilty of breaking the law.
After many weeks or months of preparation, the prosecutor is ready for the most important part of his job: the trial. The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s). The defendant, represented by an attorney, also tells his side of the story using witnesses and evidence.
In a trial, the judge — the impartial person in charge of the trial — decides what evidence can be shown to the jury. A judge is similar to a referee in a game, they are not there to play for one side or the other but to make sure the entire process is played fairly.
Jury Selection
At trial, one of the first things a prosecutor and defense attorney must do is the selection of jurors for the case. Jurors are selected to listen to the facts of the case and to determine if the defendant committed the crime. Twelve jurors are selected randomly from the jury pool (also called the “venire”), a list of potential jurors compiled from voter registration records of people living in the Federal district.
When selecting the jury, the prosecutor and defense attorney may not discriminate against any group of people. For example, the judge will not allow them to select only men or only women. A jury should represent all types of people, races, and cultures. Both lawyers are allowed to ask questions about their potential biases and may excuse jurors from service. Each side is allowed to excuse certain potential jurors without providing a reason by using a limited number of “peremptory challenges.”
Opening Statements
Opening statements allow the prosecutor and the defense attorney to briefly tell their account of the events. These statements usually are short like an outline and do not involve witnesses or evidence. The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime.
Presentment of Cases
Witness Examination
Following opening statements, the prosecutor begins direct examination of his first witness. This is the prosecutor’s initial step in attempting to prove the case, and it can last from a few minutes to several days. During direct examination, the prosecutor can introduce evidence such as a weapon or something from the crime scene.
Following the prosecutor’s examination of a witness, the defense attorney has an opportunity to cross examine or ask questions to the same witness. The purpose of cross examination is to create doubt as to the credibility of the witness.
After the defense attorney cross examines the witness, the prosecutor asks the witness final questions to clarify any confusing testimony for the jury. This is called redirect examination. Once the process of direct examination, cross examination, and redirect of all the witnesses is complete, the prosecutor rests his case. After the prosecutor rests, no more witnesses can be called to the stand or evidence introduced by the government.
After the Government rests, the defense has the opportunity to present witnesses and evidence to the jury. The defense also has the option of not having the defendant testify. There is no burden upon the defendant to prove that they are innocent. It is the government's responsibility to prove the defendant committed the crime as detailed in the indictment. The fact that a defendant did not testify may not be considered by the jury as proof that the defendant committed the crime. The defense may also waive his case. If the defense does not put on any evidence, the jury cannot assume that the defendant is guilty simply because they did not put on a defense. The decision to put on a defense is solely up to the defendant and the defense attorney. However, the defense will usually present its own version of the case.
Objections
During direct or cross examination, either attorney can make an objection to a question or a piece of evidence to the judge. For example, a prosecutor or defense attorney may object to the wide range of the direct examination because it is beyond the knowledge of the witness, the attorney may be arguing with the witness rather than asking questions, or the witness may be talking about things irrelevant to the case.
Common objections include:
The judge decides the outcome of an objection, sometimes after allowing attorneys on both sides to comment before making a ruling. The judge either “sustains” the objection so that the action stops, or they “overrule” the objection and allows the action to continue.
Closing Arguments
After the defense’s direct testimony and cross examination by the prosecutor of all the witnesses, the defense rests, and the prosecutor and defense attorney prepare for closing arguments.
Closing arguments are the final opportunity for the prosecutor and the defense attorney to talk to the jury. These arguments allow both attorneys to summarize the testimony and evidence, and ask the jury to return a verdict of guilty or not guilty.
Jury Instructions
Following the closing arguments, the judge “charges the jury,” or informs them of the appropriate law and of what they must do to reach a verdict.
Jury Deliberations & Announcement of the Verdict
After being charged, the jury goes into deliberation, the process of deciding whether a defendant is guilty or not guilty. During this process, no one associated with the trial can contact the jury without the judges and lawyers. If the jury has a question on the law, they must write a note to the judge, which the judge will read in court with all parties present. In federal criminal trials, the jury must reach a unanimous decision in order to convict the defendant.
After they reach an agreement on a verdict, they notify the judge, the lawyers, and the defendant in open court. Everyone is present in court for the reading of the verdict. The United States Marshals Service is present during trial to protect the judge and prosecutors from potential harm. If the defendant is found not guilty, they are usually free to go home.
The Corrections System
When someone is found guilty, or convicted, of a crime, the corrections system takes over. The corrections system treats offenders in a number of ways
When law enforcement officials believe that someone is guilty of a crime, they place that person under arrest- meaning they hold him or her for trial by authority of the law. An arrest can be made if police:
- See a person commit a crime.
- Have a warrant to arrest a person.
A judge will give police a warrant- written authority to make an arrest or conduct a search- if he or she is shown enough reasonable evidence that the suspect committed the crime.
Initial Court Appearances
The arrest is only the first step in charging a person with a crime. Very soon after arrest, the prosecutor must bring the defendant before a judge. The judge then does the following.
- Describes the charging made against the defendant.
- Informs the defendant of his or her right to remain silent and right to a lawyer.
- Decides whether to set bail and the amount of bail. Suspects who commit very serious crimes or are likely to run away are usually denied bail and must stay in jail.
Arraignment
After the prosecutor files the charges with the trial court, the defendant appears in the court for an arraignment- a session in which she or he pleads not guilty or guilty to the charges. In some states, evidence for more serious crimes must first be presented to a Grand Jury- a group of citizens who decide whether there is enough evidence that the person may have committed a crime. The Grand Jury can then issue an indictment- a formal accusation that leads to trial.
Plea Bargaining
Criminal trials are expensive, and neither the prosecutor nor the defense can be sure how the trial will end. One way to limit the risk and expense through a plea bargain. In a plea bargain, the defendant agrees to plead guilty to a less serious charge without going to trial. In return for the guilty plea, the prosecutor usually agrees to a lighter sentence. Parties may also agree to drop the other charges made against the defendant.
What Happens at Trial:
In a trial, the prosecution, the defendant with a lawyer, the judge, and usually a jury consider evidence and laws related to the case. Both sides present evidence, and the jury decides whether or not the defendant is guilty of breaking the law.
After many weeks or months of preparation, the prosecutor is ready for the most important part of his job: the trial. The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s). The defendant, represented by an attorney, also tells his side of the story using witnesses and evidence.
In a trial, the judge — the impartial person in charge of the trial — decides what evidence can be shown to the jury. A judge is similar to a referee in a game, they are not there to play for one side or the other but to make sure the entire process is played fairly.
Jury Selection
At trial, one of the first things a prosecutor and defense attorney must do is the selection of jurors for the case. Jurors are selected to listen to the facts of the case and to determine if the defendant committed the crime. Twelve jurors are selected randomly from the jury pool (also called the “venire”), a list of potential jurors compiled from voter registration records of people living in the Federal district.
When selecting the jury, the prosecutor and defense attorney may not discriminate against any group of people. For example, the judge will not allow them to select only men or only women. A jury should represent all types of people, races, and cultures. Both lawyers are allowed to ask questions about their potential biases and may excuse jurors from service. Each side is allowed to excuse certain potential jurors without providing a reason by using a limited number of “peremptory challenges.”
Opening Statements
Opening statements allow the prosecutor and the defense attorney to briefly tell their account of the events. These statements usually are short like an outline and do not involve witnesses or evidence. The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime.
Presentment of Cases
Witness Examination
Following opening statements, the prosecutor begins direct examination of his first witness. This is the prosecutor’s initial step in attempting to prove the case, and it can last from a few minutes to several days. During direct examination, the prosecutor can introduce evidence such as a weapon or something from the crime scene.
Following the prosecutor’s examination of a witness, the defense attorney has an opportunity to cross examine or ask questions to the same witness. The purpose of cross examination is to create doubt as to the credibility of the witness.
After the defense attorney cross examines the witness, the prosecutor asks the witness final questions to clarify any confusing testimony for the jury. This is called redirect examination. Once the process of direct examination, cross examination, and redirect of all the witnesses is complete, the prosecutor rests his case. After the prosecutor rests, no more witnesses can be called to the stand or evidence introduced by the government.
After the Government rests, the defense has the opportunity to present witnesses and evidence to the jury. The defense also has the option of not having the defendant testify. There is no burden upon the defendant to prove that they are innocent. It is the government's responsibility to prove the defendant committed the crime as detailed in the indictment. The fact that a defendant did not testify may not be considered by the jury as proof that the defendant committed the crime. The defense may also waive his case. If the defense does not put on any evidence, the jury cannot assume that the defendant is guilty simply because they did not put on a defense. The decision to put on a defense is solely up to the defendant and the defense attorney. However, the defense will usually present its own version of the case.
Objections
During direct or cross examination, either attorney can make an objection to a question or a piece of evidence to the judge. For example, a prosecutor or defense attorney may object to the wide range of the direct examination because it is beyond the knowledge of the witness, the attorney may be arguing with the witness rather than asking questions, or the witness may be talking about things irrelevant to the case.
Common objections include:
- Hearsay – Statement by a witness who did not see or hear the incident in question but learned about it through secondhand information such as another’s statement, a newspaper, or a document.
- Relevance – Testimony and evidence presented at trial must be relevant to the case.
The judge decides the outcome of an objection, sometimes after allowing attorneys on both sides to comment before making a ruling. The judge either “sustains” the objection so that the action stops, or they “overrule” the objection and allows the action to continue.
Closing Arguments
After the defense’s direct testimony and cross examination by the prosecutor of all the witnesses, the defense rests, and the prosecutor and defense attorney prepare for closing arguments.
Closing arguments are the final opportunity for the prosecutor and the defense attorney to talk to the jury. These arguments allow both attorneys to summarize the testimony and evidence, and ask the jury to return a verdict of guilty or not guilty.
Jury Instructions
Following the closing arguments, the judge “charges the jury,” or informs them of the appropriate law and of what they must do to reach a verdict.
Jury Deliberations & Announcement of the Verdict
After being charged, the jury goes into deliberation, the process of deciding whether a defendant is guilty or not guilty. During this process, no one associated with the trial can contact the jury without the judges and lawyers. If the jury has a question on the law, they must write a note to the judge, which the judge will read in court with all parties present. In federal criminal trials, the jury must reach a unanimous decision in order to convict the defendant.
After they reach an agreement on a verdict, they notify the judge, the lawyers, and the defendant in open court. Everyone is present in court for the reading of the verdict. The United States Marshals Service is present during trial to protect the judge and prosecutors from potential harm. If the defendant is found not guilty, they are usually free to go home.
The Corrections System
When someone is found guilty, or convicted, of a crime, the corrections system takes over. The corrections system treats offenders in a number of ways
- Probation- Criminals granted probation are allowed to return to their communities to live and work. However, they have certain limits to their freedom. For example- they must be home by a certain hour, or they must not associate with certain people. If they break the rules they can be sent to jail.
- Fines- Criminals must pay a fine or pay for the damage caused.
- Community Service- Criminals must do volunteer work in the community, such as picking up litter, counseling students, or serving meals to the homeless.
- Prison- Criminals lose their freedom and privacy, and must live in a prison for a specified period of time.
- Death Penalty- Some states allow the death penalty for the most serious crimes.
14.4- THE JUVENILE JUSTICE SYSTEM
In 1999, approximately one in six arrests involved a juvenile- a child or young person under the age set by the law (Usually 18 years old) at which a person can be charged as an adult for a criminal act. The juvenile justice system is designed to deal with youths who break the law. Between 2000 and 2020 juvenile arrests have declined significantly, but there is still a significant number of juvenile in minority demographics which is concerning. while juvenile courts give young defendants most of the same basic constitutional rights as adult criminals, the goal of the system is very different.
History of Juvenile Justice:
Before 1900, the law treated children like adults. Children and young people found guilty of crimes were:
Today, courts try to balance three factors when dealing with juveniles:
Court Procedure:
Each state has its own juvenile justice system with its own laws and practices. In most states, juvenile court has authority over all people under the age of 18 who are charged with breaking the law. Juvenile courts generally operate the same way as regular courts.
Arrest
When a youth is arrested for crime, the police have the authority to decide what to do next. Police may return the offender to his or her parents. Or they may hold the offender in detention or juvenile hall.
To determine if the case will go to the court system, juvenile court staff, probation officers, and social workers meet and review the evidence. Almost half of all juvenile cases are not sent to a judge, but are resolved more informally by:
Initial Hearings and Bail
If the court decides to send the case to a judge, the court holds a hearing. In this hearing:
Delinquency Hearing
Juvenile courts give the defendant a delinquency hearing instead of a trial. As in criminal court, the defendant and his lawyer can present evidence and question witnesses, and the prosecutor must prove guilt beyond a reasonable doubt.
Juvenile hearings and records are not usually open to the public. This privacy helps give defendants a fresh start on the road to rehabilitation.
Judge's Decision
Juveniles do not have the right to a trial by a jury. A judge decides whether the accused is innocent or not. In juvenile court, a conviction finds the accused delinquent, meaning the person has failed to do what the law requires, rather than guilty.
Adult criminals are held responsible, or guilty, for their actions. Delinquency suggests a lower level of responsibility. The court states only that the convicted juvenile failed to follow the law.
Sentencing
With the advice of social workers and psychologists, the judge decides the sentence for a delinquent. This sentence may include:
History of Juvenile Justice:
Before 1900, the law treated children like adults. Children and young people found guilty of crimes were:
- Prosecuted in criminal court
- Given the same sentences as adults
- Put in the same jail as adults.
Today, courts try to balance three factors when dealing with juveniles:
- Helping youths avoid criminal behavior in the future.
- Treating and rehabilitating youths who break the law.
- Punishing youthful lawbreakers.
Court Procedure:
Each state has its own juvenile justice system with its own laws and practices. In most states, juvenile court has authority over all people under the age of 18 who are charged with breaking the law. Juvenile courts generally operate the same way as regular courts.
Arrest
When a youth is arrested for crime, the police have the authority to decide what to do next. Police may return the offender to his or her parents. Or they may hold the offender in detention or juvenile hall.
To determine if the case will go to the court system, juvenile court staff, probation officers, and social workers meet and review the evidence. Almost half of all juvenile cases are not sent to a judge, but are resolved more informally by:
- Dismissing the charges
- Giving the juvenile an informal probation
- Referring the young person to treatment program.
Initial Hearings and Bail
If the court decides to send the case to a judge, the court holds a hearing. In this hearing:
- The judge describes the charges made against the defendant.
- The judge informs the defendant of his or her right to remain silent and right to a lawyer.
- The child pleads not guilty or guilty.
Delinquency Hearing
Juvenile courts give the defendant a delinquency hearing instead of a trial. As in criminal court, the defendant and his lawyer can present evidence and question witnesses, and the prosecutor must prove guilt beyond a reasonable doubt.
Juvenile hearings and records are not usually open to the public. This privacy helps give defendants a fresh start on the road to rehabilitation.
Judge's Decision
Juveniles do not have the right to a trial by a jury. A judge decides whether the accused is innocent or not. In juvenile court, a conviction finds the accused delinquent, meaning the person has failed to do what the law requires, rather than guilty.
Adult criminals are held responsible, or guilty, for their actions. Delinquency suggests a lower level of responsibility. The court states only that the convicted juvenile failed to follow the law.
Sentencing
With the advice of social workers and psychologists, the judge decides the sentence for a delinquent. This sentence may include:
- Probation, which works the same in criminal court probation
- Counseling or drug treatment
- A sentence to reform school or other residential facility.
- Restitution- act of making up in some way for the loss of damage caused.