Team 3: Legal Issues

FEDERAL COURT SYSTEM District Court Court of Appeals Supreme Court 94 in US 2 in Washington Western Washington Eastern Washington Court of Appeals 13 Washington in District 9 Supreme Court One and one only in Washington DC Nine Judges

Types of Sentencing in Washington State Washington’s first juvenile code was adopted in 1913. Remained in effect for 65 years. Gave local juvenile courts and probation staff considerable discretion in how to sanction and treat juveniles arrested for crimes. 1970s Legislature concerned about inequitable application 1977 Legislature passes presumptive, determinate sentencing system. Amended in 1994 and 1997 automatically transferring cases to adult criminal court when a 16- or 17-year-old is charged with certain serous crimes modified and simplified the juvenile grid by making it a function of two factors: the seriousness of the juvenile’s offense and the youth’s criminal history Further, the 1997 revisions gave juvenile court judges more discretion in the use of local sanctions, including when to order confinement for up to 30 days in a county-run juvenile detention facility.

Juvenile Sentencing in Washington State STANDARD RANGE A+ 180 weeks to age 21 for all category A+ offenses A 103-129 weeks for all category A offenses A- for 15 to 17 year olds 52-65 weeks 80-100 weeks 103-129 weeks CURRENT B+ 15-36 weeks OFFENSE B LS CATEGORY C+ C D+ D E PRIOR ADJUDICATIONS 1 2 3 4 or more

30/60 rule for youth

Youth Sentencing Within 24 hours there will be a sentence hearing Within 72 hours there will be an arraignment Within 30 days Judge must decide whether charged as Adult or Juvenile Within 60 days goes to trial

60/90 Adults The constitution says you have a right to a speedy trial. The constitution does not define what, exactly, is the time allowed before your right to a speedy trial is violated. In Washington speedy trial is defined by court rule. The state has 60 days to take you to trial if you are in custody; 90 days if you are out of custody. BUT the 60/90 days does not start running from when you are arrested; it starts running from the date of your arraignment

5 court systems of

Court structure

State Vs Federal Jurisdiction Federal Court State Court Cases where US is a party Violations of US Constitution Violations of Federal Law Cases between citizens of different states Bankruptcy Copyright Maritime Patent State Law State Constitution State courts have broad jurisdiction - the only cases state courts are not allowed to hear are: lawsuits against the United States those involving certain specific federal laws: criminal, antitrust, bankruptcy, patent, copyright, and some maritime cases

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