Chapter 16 Civil and Criminal Law

Chapter 16 Section 2 Criminal Cases

In criminal law cases the government charges someone with a crime - an act that breaks federal or state criminal law and causes harm to people or society in general Crimes are divided into two groups Misdemeanors - minor violations Felonies - serious law violations Persons convicted of misdemeanors will be fined or serve less than one year in prison

Punishments are designed to fit the crime Prison sentences are meant to prevent criminals from harming others further and to detour others

The Penal Process The first step in the process is the officer makes an arrest Must read Miranda Rights Suspect is booked, fingerprinted and photographed and allowed to call their lawyer

Preliminary Hearing After being booked the suspect is informed of charges Judge sets bail, puts the suspect in jail or sets them free to appear in court later Indictment It is decided if there is enough evidence to formally charge the suspect with a crime

Arraignment Defendant either pleads guilty or not guilty If they plea guilty they accept a plea bargain A plea bargain is admitting guilt in exchange for a lesser sentence If they plead not guilty the trial continues

Trial Lawyers will study the case and interview witnesses Both sides select jurors and have a certain number they can reject Each side makes an opening statement Then they call witnesses who testify and cross-examined Each side then makes a closing statement before the jury decides

Acquittal or Sentencing The jury will now decide the defendant’s guilt or innocence To find someone as guilty they must have evidence “beyond a reasonable doubt” If found guilty the judge sets another date to decide sentencing Acquittal is to find the defendant not guilty upon which they are immediately released

Chapter 16 Section 3 Young People and the Court

Anyone under the age of 18 is considered an juvenile or not legally an adult Juvenile Delinquents are young people that commit crimes older juveniles who commit very serious crimes can be tried as adults Children who are abused and neglected or grow up in poverty and over crowded neighborhoods are more likely to commit crimes

The juvenile court started in the late 1800s Before then anyone over 14 was treated as an adult Received the same sentences and were sent to the same prisons

When a juvenile is arrested their cases are handled in juvenile court The primary goal of juvenile court is to Rehabilitate - correct the behavior ¾ of cases begin with arrests, others start with a petition from parents, school administrators, etc. They are not photographed or fingerprinted

A trial is similar to an adults except there is no jury If found delinquent or guilty it is up to the judge to sentence the juvenile They can be sent home with a lecture or sent to institutions

The juveniles parents must be informed as soon as possible Juveniles can remain silent, confront witnesses and the right to an attorney