Sources of our laws “Government of law, not men.” Adams.

Sources of our laws

Sources of our laws

“Government of law, not men.” Adams

The American Legal System

The American Legal System

U.S. legal protections are in the U.S. Constitution

“The Basic Law of the Land”

Functions of lawsFunctions of laws

Bring order Enable people to settle disputes

peacefully Protect our rights against abuse by

others, organizations, government Promote the welfare of society Keep peace Prevent violence

Bring order Enable people to settle disputes

peacefully Protect our rights against abuse by

others, organizations, government Promote the welfare of society Keep peace Prevent violence

Characteristics of a good lawCharacteristics of a good law

They are: Fair Reasonable Understandable Enforceable

They are: Fair Reasonable Understandable Enforceable

Where did our law come from?Where did our law come from?

Unwritten law: prehistory Hammurabi’s code Ten commandments Roman law

Jurisprudence: study of law Justinian code => Napoleonic Code

English law Common law: unwritten law Precedents Statutes: law written by legislature Great Britain

Unwritten law: prehistory Hammurabi’s code Ten commandments Roman law

Jurisprudence: study of law Justinian code => Napoleonic Code

English law Common law: unwritten law Precedents Statutes: law written by legislature Great Britain

Early Law Codes Timeline Early Law Codes Timeline 

Directions: Using the Civics Textbook, Describe the following law code with at least 2 sentences.

1760 BC  Code of Hammurabi BC  Ten Commandments 450 BC 1st Roman Law Code 533 AD Justinian Code 1066 AD English Common Law 1788 AD United States Constitution 1790's AD Napoleonic Code

Directions: Using the Civics Textbook, Describe the following law code with at least 2 sentences.

1760 BC  Code of Hammurabi BC  Ten Commandments 450 BC 1st Roman Law Code 533 AD Justinian Code 1066 AD English Common Law 1788 AD United States Constitution 1790's AD Napoleonic Code

Types of lawsTypes of laws

Five different types of laws

Types of lawsTypes of laws

Criminal law Prosecution v defense Felonies v misdemeanors

Civil law Plaintiff v defendant Lawsuits Suits of equity: no law fits Torts

Constitutional law International law Administrative law Statutory law

Criminal law Prosecution v defense Felonies v misdemeanors

Civil law Plaintiff v defendant Lawsuits Suits of equity: no law fits Torts

Constitutional law International law Administrative law Statutory law

Types of LawsTypes of Laws

Criminal Law-seek to prevent people from deliberately or recklessly harming each other or each other’s property

Civil Law- disputes between people or groups of people (individuals, or organizations, or governments) in which no criminal law has been broken.

Tort Law-person may suffer an injury & claim that another party is responsible because of negligence

Family Law- family issues & problems (divorce, adoption, abuse)

Criminal Law-seek to prevent people from deliberately or recklessly harming each other or each other’s property

Civil Law- disputes between people or groups of people (individuals, or organizations, or governments) in which no criminal law has been broken.

Tort Law-person may suffer an injury & claim that another party is responsible because of negligence

Family Law- family issues & problems (divorce, adoption, abuse)

Types of LawsTypes of Laws

Public Law or Constitutional Law- rights guaranteed under the Constitution or spelled out in congressional legislation. Highest laws in the United States.

Administrative Law-rules & regulations that gov’t agencies of the executive branch must issue to carry out their jobs.

Public Law or Constitutional Law- rights guaranteed under the Constitution or spelled out in congressional legislation. Highest laws in the United States.

Administrative Law-rules & regulations that gov’t agencies of the executive branch must issue to carry out their jobs.

Types of LawTypes of Law

Statutory Law-statutes regulate our behavior (setting speed limits, minimum age to work, return merchandise to a store)

International Law- treaties, customs, & agreements among nations.

Statutory Law-statutes regulate our behavior (setting speed limits, minimum age to work, return merchandise to a store)

International Law- treaties, customs, & agreements among nations.

Branch LawsBranch Laws

Legislative: Statutory law Law made by legislature

Executive: Administrative law Executive orders

Judicial: Precedent Stare Decisis: let the decision stand

Legislative: Statutory law Law made by legislature

Executive: Administrative law Executive orders

Judicial: Precedent Stare Decisis: let the decision stand

Constitutional RightsConstitutional Rights Article 1:

Writ of Habeas Corpus Written legal order-requires an official who has arrested

someone to bring them to court and explain why they are being held.

Forbids Bill of Attainder A law that punishes a person accused of a crime

without a trial or a fair hearing in court.

Forbids Ex Post Facto Laws A law that would allow a person to be punished for an

action that was not against the law when it was committed.

Article 1: Writ of Habeas Corpus

Written legal order-requires an official who has arrested someone to bring them to court and explain why they are being held.

Forbids Bill of Attainder A law that punishes a person accused of a crime

without a trial or a fair hearing in court.

Forbids Ex Post Facto Laws A law that would allow a person to be punished for an

action that was not against the law when it was committed.

Constitutional RightsConstitutional Rights

Bill of Rights: rights to all First:

Freedom of RAPPS Second:

Right to bear arms Third:

Housing of soldiers

Bill of Rights: rights to all First:

Freedom of RAPPS Second:

Right to bear arms Third:

Housing of soldiers

Constitutional RightsConstitutional Rights

Bill of Rights: rights to all Seventh

Right to civil cases (trial by jury in civil cases over $20)

Ninth Rights retained by the people

Tenth Powers retained by the States and the

people.

Bill of Rights: rights to all Seventh

Right to civil cases (trial by jury in civil cases over $20)

Ninth Rights retained by the people

Tenth Powers retained by the States and the

people.

Constitutional RightsConstitutional Rights

Fourth Search and Seizure

Fifth – due process Rights of the accused (self-incrimination,

double jeopardy, indict Sixth

Rights to a fair trial Eighth

Cruel and Unusual Punishment Fourteenth

Citizenship and due process –slaves

Fourth Search and Seizure

Fifth – due process Rights of the accused (self-incrimination,

double jeopardy, indict Sixth

Rights to a fair trial Eighth

Cruel and Unusual Punishment Fourteenth

Citizenship and due process –slaves

Types of Laws: Activity

Read the following and decide if it is criminal, civil, constitutional, & administrative law by writing the

word.

1.

• An armed robber holds up an ABC store.

2.

• A store owner burns his store to collect insurance money.

3.

• A group want to stop a KKK or BLACK PANTHER parade.

4.

• A child runs away from home.

5.

• A couple wants an amicable divorce.

6.

• A writer breaks his contract with a publishing company.

7.

• A man kill another man over money.

8.

• A teenager is killed in a gang fight.

9.

• A woman breaks her leg on a neighbor’s snow-covered walkway.

10.

• The Mayor of Fairmont wants to put up a nativity scene at Town Hall.

11.

• The Dept of Agriculture wants to raise the amount of Food Stamps.

12.

• The FDA (Food and Drug Administration) finds that a new drug has a potentially dangerous side effect and pull it off the market.

13.

• A child is hurt when a crib collapses while the child is asleep.

March 26, 1979Israel-Egypt Peace Agreement Signed

March 26, 1979Israel-Egypt Peace Agreement Signed

1. What was the first law code ever written called?

A) The Code of the JudgesB) The Code of HammurabiC) The Ten CommandmentsD) The Twelve Tablets

2. What was the first Roman Law Code called?

A) The Code of the JudgesB) The Napoleonic CodeC) The Twelve TabletsD) The Justinian Code

1. What was the first law code ever written called?

A) The Code of the JudgesB) The Code of HammurabiC) The Ten CommandmentsD) The Twelve Tablets

2. What was the first Roman Law Code called?

A) The Code of the JudgesB) The Napoleonic CodeC) The Twelve TabletsD) The Justinian Code

3. What law code was based on the Justinian Code?

A) The Napoleonic CodeB) The U.S. ConstitutionC) The Twelve TabletsD) Shariah Law

4. What was so important about the Napoleonic Code?

A) Was based on the U.S. ConstitutionB) Made France the most powerful

countryC) It was made by a man about the

same height as Mr. FarlyD) Gave a unified system of law to most

of Europe

3. What law code was based on the Justinian Code?

A) The Napoleonic CodeB) The U.S. ConstitutionC) The Twelve TabletsD) Shariah Law

4. What was so important about the Napoleonic Code?

A) Was based on the U.S. ConstitutionB) Made France the most powerful

countryC) It was made by a man about the

same height as Mr. FarlyD) Gave a unified system of law to most

of Europe

Civil Law Chapter 16.1Civil Law Chapter 16.1

Civil CasesNo crime has taken place but

there is a dispute between two people

Civil CasesNo crime has taken place but

there is a dispute between two people

Types of Civil CasesTypes of Civil Cases

• In civil cases• The plaintiff claims to have lost

something• The plaintiff is seeking damages • Plaintiff always brings cases in

civil courts

• In civil cases• The plaintiff claims to have lost

something• The plaintiff is seeking damages • Plaintiff always brings cases in

civil courts

Civil CourtCivil Court

• Plaintiff: party that brings compliant

• Defendant: party being sued for damages

• The courts job: provide a place to resolve the difference b/w plaintiff and defendant.

• Plaintiff: party that brings compliant

• Defendant: party being sued for damages

• The courts job: provide a place to resolve the difference b/w plaintiff and defendant.

Two Levels of CourtTwo Levels of Court

• Small claims court: • Few 1000 dollars or less • Act as your own lawyer in these

courts

• Larger civil courts:• Lawsuits w/ more $ involved• Lawyers and judges

• Small claims court: • Few 1000 dollars or less • Act as your own lawyer in these

courts

• Larger civil courts:• Lawsuits w/ more $ involved• Lawyers and judges

The American Judicial System hears many kinds of civil cases

The American Judicial System hears many kinds of civil cases

• Property disputes• Breach of contract• Family matters• Cases of negligence• Personal injury cases• Suits of equity - (injunction)• Tort cases

• Property disputes• Breach of contract• Family matters• Cases of negligence• Personal injury cases• Suits of equity - (injunction)• Tort cases

What are the Steps to a Civil Case?

What are the Steps to a Civil Case?

1. Plaintiff decides to sue (Person being sued is the Defendant).

2. The plaintiff hires an attorney (lawyer). The attorney then files a complaint (a formal statement that names the parties and describes the nature of the lawsuit).

1. Plaintiff decides to sue (Person being sued is the Defendant).

2. The plaintiff hires an attorney (lawyer). The attorney then files a complaint (a formal statement that names the parties and describes the nature of the lawsuit).

The Steps ContinuedThe Steps Continued3. Court summons the defendant ordering

him/her to appear on a certain date.4. A pretrial conference is called by the

judge. The two sides clarify or list their disagreements.

5. Case goes to trial!

3. Court summons the defendant ordering him/her to appear on a certain date.

4. A pretrial conference is called by the judge. The two sides clarify or list their disagreements.

5. Case goes to trial!

Suit may be dropped or

settled out of court!

Two parties could resolve the case through mediation or arbitration!

Case ProceedingsCase Proceedings

• Case is heard by a jury of six to twelve people or a judge.

• Plaintiff presents their side first and then the defendant presents.

• Plaintiff must prove their case with “a preponderance of evidence” or “burden of proof.” (enough evidence to persuade the judge or jury that the defendant is responsible for the damages.)

• Case is heard by a jury of six to twelve people or a judge.

• Plaintiff presents their side first and then the defendant presents.

• Plaintiff must prove their case with “a preponderance of evidence” or “burden of proof.” (enough evidence to persuade the judge or jury that the defendant is responsible for the damages.)

The Verdict!The Verdict!Judge or jury decides the verdict or decision in favor of either the plaintiff or the defendant

If the plaintiff wins a remedy is set!

Judge or jury decides the verdict or decision in favor of either the plaintiff or the defendant

If the plaintiff wins a remedy is set!

If the defendant wins the plaintiff receives nothing and must pay court costs!

Plaintiff may appeal to a higher court if dissatisfied with the verdict!

If the defendant wins the plaintiff receives nothing and must pay court costs!

Plaintiff may appeal to a higher court if dissatisfied with the verdict!

AppealsAppeals

• You can appeal a civil case.• To a higher court

• You can appeal a civil case.• To a higher court

Types of Conflict Resolution!Types of Conflict Resolution!1. Mediation – conflict resolution in which a third party guides

the arguing parties to a solution.2. Arbitration – conflict resolution in which a third party makes

the decision for the arguing parties based on evidence given in a formal setting.

3. Negotiation – form of conflict resolution in which one party may or may not use a third to bargain for terms that benefit one or both parties.

4. Compromise – form of conflict resolution where the two parties give up certain demands in order to accomplish a mutual goal.

5. Collaboration – conflict resolution process that requires different groups to bring expertise in various areas for a mutual goal.

6. Debate – in which two parties take sides of an issue and argue using evidence in order to persuade their opponents.

7. Consensus – this is when a general agreement is made by all parties after careful consideration of the opinions of all members in the group.

1. Mediation – conflict resolution in which a third party guides the arguing parties to a solution.

2. Arbitration – conflict resolution in which a third party makes the decision for the arguing parties based on evidence given in a formal setting.

3. Negotiation – form of conflict resolution in which one party may or may not use a third to bargain for terms that benefit one or both parties.

4. Compromise – form of conflict resolution where the two parties give up certain demands in order to accomplish a mutual goal.

5. Collaboration – conflict resolution process that requires different groups to bring expertise in various areas for a mutual goal.

6. Debate – in which two parties take sides of an issue and argue using evidence in order to persuade their opponents.

7. Consensus – this is when a general agreement is made by all parties after careful consideration of the opinions of all members in the group.

CRIME AND CRIMINAL COURT

CRIME AND CRIMINAL COURT

MUST BREAK THE LAW TO END UP HERE

MUST BREAK THE LAW TO END UP HERE

TYPES OF CRIMES: TYPES OF CRIMES:

• CRIMES AGAINST PERSONS:• MURDER, RAPE, ASSALT, KIDNAPPING

• CRIMES AGAINST PROPERTY:• LARCENY, BURGLARY, VANDALISM,

FRAUD & ARSON

• VICTIMLESS CRIMES• DRUGS USE, PROSTITUTION,

UNAUTHORIZED CRIME

• CRIMES AGAINST PERSONS:• MURDER, RAPE, ASSALT, KIDNAPPING

• CRIMES AGAINST PROPERTY:• LARCENY, BURGLARY, VANDALISM,

FRAUD & ARSON

• VICTIMLESS CRIMES• DRUGS USE, PROSTITUTION,

UNAUTHORIZED CRIME

DEGREES OF SERIOUSNESSDEGREES OF SERIOUSNESS

• 1ST DEGREE MURDER

• 2ND DEGREE MURDER

• MANSLAUGHTER

• 1ST DEGREE MURDER

• 2ND DEGREE MURDER

• MANSLAUGHTER

• 1ST DEGREE RAPE• 2ND DEGREE RAPE• 3RD DEGREE RAPE• STATUTORY RAPE

• 1ST DEGREE RAPE• 2ND DEGREE RAPE• 3RD DEGREE RAPE• STATUTORY RAPE

Criminal CasesCriminal Cases

• Crimes are defined in each state’s written criminal laws, called the penal code.

• The penal code also spells out the punishment for each classification of crimes.

• Two main groups of crime: Misdemeanor & Felony

• Crimes are defined in each state’s written criminal laws, called the penal code.

• The penal code also spells out the punishment for each classification of crimes.

• Two main groups of crime: Misdemeanor & Felony

• Crimes can then be divided into: a. crimes against property

(larceny, vandalism, fraud) b. crimes against people (murder, assault, rape ) c. victimless crimes ( use of illegal drugs, prostitution)

• Punishment for convicted criminals can range from fines to death.

• Crimes can then be divided into: a. crimes against property

(larceny, vandalism, fraud) b. crimes against people (murder, assault, rape ) c. victimless crimes ( use of illegal drugs, prostitution)

• Punishment for convicted criminals can range from fines to death.

Criminal Case ProcedureCriminal Case Procedure

1. Arrest: rights read, booked & charged with crime, attorney contacted

2. Preliminary Hearing: Charges read before judge, either jail, bail, or released

3. Indictment: A grand jury or a judge hears evidence & formally charges the suspect with the crime

1. Arrest: rights read, booked & charged with crime, attorney contacted

2. Preliminary Hearing: Charges read before judge, either jail, bail, or released

3. Indictment: A grand jury or a judge hears evidence & formally charges the suspect with the crime

Criminal Case ProcedureCriminal Case Procedure

4. Arraignment: Defendant pleads not guilty & trail date set

5. Defendant pleads guilty & accepts a plea bargain

6. Trial: Prosecution and defense present cases to jury or judge. Jury or judge reach a verdict

4. Arraignment: Defendant pleads not guilty & trail date set

5. Defendant pleads guilty & accepts a plea bargain

6. Trial: Prosecution and defense present cases to jury or judge. Jury or judge reach a verdict

Criminal Case ProcedureCriminal Case Procedure

7. Acquittal: Defendant found not guilty & goes free

OrSentencing: Defendant found guilty. Judge sentences defendant

7. Acquittal: Defendant found not guilty & goes free

OrSentencing: Defendant found guilty. Judge sentences defendant

PUNISHMENT FOR CRIMES

PUNISHMENT FOR CRIMES

• PUNISHMENTS INCLUDE:• FINES• IMPRISONMENT• PROBATION• HOUSE ARREST• COMMUNITY SERVICE

• PUNISHMENTS INCLUDE:• FINES• IMPRISONMENT• PROBATION• HOUSE ARREST• COMMUNITY SERVICE

FOUR FUNCTIONS FOR CRIMINAL PUNISHMENT

FOUR FUNCTIONS FOR CRIMINAL PUNISHMENT

• PROVIDES PUNISHMENT IN WHICH A CRIMINAL IS MADE TO PAY FOR AN OFFENSE

• KEEPS DANGEROUS PEOPLE OFF THE STREETS

• KEEPS OTHERS FROM COMMITTING THE SAME CRIME

• PLAY A ROLE IN PREPARING LAWBREAKERS TO REENTER SOCIETY (REHABILITATION)

• PROVIDES PUNISHMENT IN WHICH A CRIMINAL IS MADE TO PAY FOR AN OFFENSE

• KEEPS DANGEROUS PEOPLE OFF THE STREETS

• KEEPS OTHERS FROM COMMITTING THE SAME CRIME

• PLAY A ROLE IN PREPARING LAWBREAKERS TO REENTER SOCIETY (REHABILITATION)

SENTENCINGSENTENCING• ･ A determinate sentence is the same as a

fixed sentence: It is for a fixed period of time.• ･ An indeterminate sentence, rather than

stating a fixed period of time for imprisonment, instead declares that the period shall be "not more than" or "not less than" a certain prescribed duration of time. The authority to render indeterminate sentences is usually granted by statute in several states.

• ･ A determinate sentence is the same as a fixed sentence: It is for a fixed period of time.

• ･ An indeterminate sentence, rather than stating a fixed period of time for imprisonment, instead declares that the period shall be "not more than" or "not less than" a certain prescribed duration of time. The authority to render indeterminate sentences is usually granted by statute in several states.

SENTENCINGSENTENCING

• ･ A life sentence represents the disposition of a serious criminal case, in which the convicted person spends the remainder of his or her life in prison.

• ･ A mandatory sentence is created by state statute and represents the rendering of a punishment for which a judge has/had no room for discretion. Generally it means that the sentence may not be suspended and that no probation may be imposed, leaving the judge with no alternative but the "mandated" sentence.

• ･ A life sentence represents the disposition of a serious criminal case, in which the convicted person spends the remainder of his or her life in prison.

• ･ A mandatory sentence is created by state statute and represents the rendering of a punishment for which a judge has/had no room for discretion. Generally it means that the sentence may not be suspended and that no probation may be imposed, leaving the judge with no alternative but the "mandated" sentence.

CONSTITUTION AND CRIMINAL LAWCONSTITUTION AND CRIMINAL LAW

• 8TH AMENDMENT: • JUDGE DECIDES BAIL• CAPITAL PUNISHMENT CASES• FURMAN V GEORGIA• GREGG V GEORGIA

• 8TH AMENDMENT: • JUDGE DECIDES BAIL• CAPITAL PUNISHMENT CASES• FURMAN V GEORGIA• GREGG V GEORGIA

WHAT HAPPENS IN A CRIMINAL CASE?WHAT HAPPENS IN A CRIMINAL CASE?

• ARREST: • HEARING/INDICTMENT• TRIAL• VERDICT• SENTENCING PHASE

• ARREST: • HEARING/INDICTMENT• TRIAL• VERDICT• SENTENCING PHASE

• Read following to students: You are on the parole board in your state. There has been a great rise in the crime rate, and as a result, a large number of criminals have been convicted and sentenced to long terms. The prison is already overcrowded, and you must make selections on whom to parole to make room for the most recent list of criminals. You are to pick eight of the following:

• A rehabilitated sex offender convicted for crimes against children• An arsonist convicted for setting four fires to public buildings now

“cured” after serving eight months of a three-year sentence• A banker convicted of embezzling 50 million dollars from a bank.• An ex-college student and heroin addict serving time for pushing

hard drugs to juveniles.• Civil rights lawyer convicted for contempt of court• A Vietnam serviceman convicted of desertion in the face of the

enemy.• A powerful former politician convicted of selling highly classified

information to foreign governments.• A “Godfather” convicted for tax evasion• A newspaper reporter convicted of refusing to identify his news

sources in a delicate case involving three members of the President’s Cabinet

• A medical student drop-out convicted of several counts of abortion

• Female liberationist prostitute who strongly believes in freedom of choice in occupation

• Read following to students: You are on the parole board in your state. There has been a great rise in the crime rate, and as a result, a large number of criminals have been convicted and sentenced to long terms. The prison is already overcrowded, and you must make selections on whom to parole to make room for the most recent list of criminals. You are to pick eight of the following:

• A rehabilitated sex offender convicted for crimes against children• An arsonist convicted for setting four fires to public buildings now

“cured” after serving eight months of a three-year sentence• A banker convicted of embezzling 50 million dollars from a bank.• An ex-college student and heroin addict serving time for pushing

hard drugs to juveniles.• Civil rights lawyer convicted for contempt of court• A Vietnam serviceman convicted of desertion in the face of the

enemy.• A powerful former politician convicted of selling highly classified

information to foreign governments.• A “Godfather” convicted for tax evasion• A newspaper reporter convicted of refusing to identify his news

sources in a delicate case involving three members of the President’s Cabinet

• A medical student drop-out convicted of several counts of abortion

• Female liberationist prostitute who strongly believes in freedom of choice in occupation

CHAPTER 16.3: JUVENILE JUSTICE

CHAPTER 16.3: JUVENILE JUSTICE

JUVENILE: JUVENILE DELIQUENT:

DEFINED BY EACH STATE

JUVENILE: JUVENILE DELIQUENT:

DEFINED BY EACH STATE

Juvenile’sJuvenile’s

• Juvenile is someone considered underage (16-18 years old)

• Goal of Juvenile Court System is to rehabilitate

• Juvenile is someone considered underage (16-18 years old)

• Goal of Juvenile Court System is to rehabilitate

HISTORYHISTORY

• BEFORE 1800S JUVENILES WERE TREATED LIKE ADULTS• TRIED AS AN ADULT• SENTENCED AS AN ADULT• IN PRISON WITH ADULTS

• BEFORE 1800S JUVENILES WERE TREATED LIKE ADULTS• TRIED AS AN ADULT• SENTENCED AS AN ADULT• IN PRISON WITH ADULTS

HISTORYHISTORY

• SET UP THE PRESENT DAY JUVNILE SYSTEM IN THE 1800S

• SOME CHANGES HAVE OCCURRED OVER THE YEARS

• SET UP THE PRESENT DAY JUVNILE SYSTEM IN THE 1800S

• SOME CHANGES HAVE OCCURRED OVER THE YEARS

CAUSES FOR DELIQUENCYCAUSES FOR DELIQUENCY

• ***NOT ABSOLUTE***• POVERTY• ABUSE• NEGLECT• EMOTIONAL SUFFERING• MENTAL PROBLEMS• LIVING IN SLUM AREAS• LIVING IN DRUG INFESTED AREAS

• ***NOT ABSOLUTE***• POVERTY• ABUSE• NEGLECT• EMOTIONAL SUFFERING• MENTAL PROBLEMS• LIVING IN SLUM AREAS• LIVING IN DRUG INFESTED AREAS

STAGES IN JUVENILE JUSTICE SYSTEM

STAGES IN JUVENILE JUSTICE SYSTEM

• HANDLE BY JUVENILE JUSTICE SYSTEM

• PRIMARY GOAL OF THIS SYSTEM IS TO REHABILITATE THE CHILD

• HOW AND WHEN DO JUVENILE CASES BEGIN?

• WHEN POLICE ARREST (3/4 OF CASES)• PETITIONS TO COURT FROM OTHERS

• HANDLE BY JUVENILE JUSTICE SYSTEM

• PRIMARY GOAL OF THIS SYSTEM IS TO REHABILITATE THE CHILD

• HOW AND WHEN DO JUVENILE CASES BEGIN?

• WHEN POLICE ARREST (3/4 OF CASES)• PETITIONS TO COURT FROM OTHERS

PROCEDURES IN JUVENILE COURT

PROCEDURES IN JUVENILE COURT

• ARRESTED OR PETITIONED • NOTIFY PARENTS• SENT HOME OR KEPT IN

DETENTION CENTER• TRIAL

• ARRESTED OR PETITIONED • NOTIFY PARENTS• SENT HOME OR KEPT IN

DETENTION CENTER• TRIAL

Juvenile Court Juvenile Court

• Juvenile Court handles 2 types of cases: neglect & delinquency.

• Neglect cases involve juveniles who are neglected or abused by their caregivers. The court can remove the juvenile from that home & place them in foster homes

• Delinquency Cases deal with youths who have broken the law

• Juvenile Court handles 2 types of cases: neglect & delinquency.

• Neglect cases involve juveniles who are neglected or abused by their caregivers. The court can remove the juvenile from that home & place them in foster homes

• Delinquency Cases deal with youths who have broken the law

Juvenile Delinquency Cases

Juvenile Delinquency Cases

• Juvenile Arrest: caregiver notified, released to parents or sent to juvenile detention center, & court date set

• Juvenile Court: private courtroom, no jury trial, attorneys may be used. More like a hearing than a trial.

• Juvenile Punishments: lecture, reformatory school, foster care, institutional placement, probation, community service

• Juvenile Arrest: caregiver notified, released to parents or sent to juvenile detention center, & court date set

• Juvenile Court: private courtroom, no jury trial, attorneys may be used. More like a hearing than a trial.

• Juvenile Punishments: lecture, reformatory school, foster care, institutional placement, probation, community service

Juvenile ProtectionsJuvenile Protections

• Identity is secret & private• Usually receive lighter

punishments• Juvenile records are sealed at

age 18

• Identity is secret & private• Usually receive lighter

punishments• Juvenile records are sealed at

age 18

PROTECTION TO JUVENILESPROTECTION TO JUVENILES

• WHO IS AT THE TRIAL?

• WHAT IS DONE TO PROTECT THE JUVENILE? • A.• B.• C.

• WHO IS AT THE TRIAL?

• WHAT IS DONE TO PROTECT THE JUVENILE? • A.• B.• C.

DIFFERENCE BETWEEN JUVENILE AND ADULT COURT SYSTEM

DIFFERENCE BETWEEN JUVENILE AND ADULT COURT SYSTEM

• PROTECTION OF IDENTITY• JUDGE HEARS CASE• NO JURY• DISPOSITION OF CASE• CLEAR RECORD AT 18 YRS OF

AGE

• PROTECTION OF IDENTITY• JUDGE HEARS CASE• NO JURY• DISPOSITION OF CASE• CLEAR RECORD AT 18 YRS OF

AGE