Chapter 2: Criminal Law and Juvenile Justice



Unit 2: Criminal Law and Juvenile Justice

|Questions/Main Ideas |Notes |

|Crime |Something that one does or does not do in violation of the law. |

| |It is higher in urban areas. |

| |More violent crimes are committed between the ages 15-24. |

| |Men are 4 times more likely to commit crimes than women. |

| |Crime costs the country over $100 billion a year. |

| |- Poverty, permissive courts, unemployment, lack of education, alcohol and drugs, lack of parental |

| |guidance and the media. |

| | |

| |Spread because of profits from illegal drugs. |

|Reasons for Crime | |

| |No attention at home, peer pressure and when people see no future employment. |

| |Outreach and intervention programs. |

| |Better/ greater opportunities |

| |Government agencies to make people more aware. |

|Gangs |Prosecute them. |

| | |

|Reasons |More than 36 million are victimized each year. |

| |More teenagers are involved. |

|Remedies |More are male victims. |

| |Minorities are mostly victimized |

| | |

| |Almost all crimes require an act and intent. |

| |Motive is the reason why a person commits a crime. |

| | |

|Victims |Principal – The person who commits the crime. |

| |Accomplice – Someone who helps a person commit a crime. |

| | |

| |- When a person fails to perform an act required by criminal law. |

| | |

| | |

|General Considerations |Solicitation – To urge someone to commit a crime. |

| |Attempt – Trying to commit a crime |

| |Conspiracy – Agreement between 2 or more persons to commit a crime. |

| | |

|Parties to Crimes |Homicide - One person killing another. |

| |Non-criminal: Justifiable. Ex: Killing an enemy soldier, or cops killing a criminal. |

| |Criminal: Killing done with malice |

| |First Degree – Premeditated, deliberate and done with malice. |

| |Second Degree – Malice, but not premeditated. |

|Crimes of Omission |Felony Murder - During the commission of a felony. Ex: Robbery, rape and arson. |

| |Voluntary manslaughter - Intentional killing. Ex: Even a reasonable person can lose control or snap. |

| |Involuntary Manslaughter – Unintentional killing. Ex: When a gun goes off accidentally. |

| |Suicide – Deliberate taking of one’s own life. |

|Preliminary Crimes |Euthanasia – Putting someone to death painlessly. |

| |Assault – An attempt or threat to carry out a physical attack. |

| |Battery – Unlawful physical contact without consent. |

| | |

| |The Federal Gun Control Law was passed in 1968 after the assassinations of MLK Junior and Robert |

| |Kennedy. |

|Crimes against a Person |It prohibits convicted felons, minors and illegal aliens from buying or possessing weapons. |

| |Requires serial numbers on all weapons. |

| |There is a license fee. |

| | |

| |Forcible Rape: Unlawful sexual intercourse without consent. |

| |Statutory Rape: Sexual intercourse with a minor (below 18). |

| | |

| |Arson – Willful and malicious burning of another person’s property. |

| |Vandalism – Destruction or damage to property. |

| |Larceny - Carrying away another’s property with the intent to steal it. |

| |Embezzlement – Taking property unlawfully from a person to whom it was entrusted. |

| |Extortion – Blackmail. |

| |Forgery – Faking or altering another person’s handwriting. |

| | |

| |Alcohol: results in poor functioning of the family, spouse and child abuse. |

| |Drugs: Illegal drugs cost the country over $60 billion each year. |

| |Controlled substances: Potential for abuse and psychological addiction. |

| |Tobacco: Contains nicotine which is addictive. |

| | |

| |No crime was committed - Ex: rape victim “consented”. |

| |No criminal intent – Ex: Taking someone’s jacket by mistake. |

| |Defendant did not commit the crime – Ex: Provide an alibi |

| |Committed criminal act – Justified. Ex: Self defense and defense of property. |

| | |

|Guns and the Law |Criminal act but not criminally responsible- Ex: Intoxication, insanity, entrapment, necessity, duress. |

| | |

| |Arrest: Person suspected of a crime taken into custody. |

| |Arrest Warrant: Court order commanding that a person be taken into custody. |

| |Probable Cause: reasonable belief that a person has committed a crime. |

| |Exclusionary Rule: If the search was unreasonable, the evidence cannot be used in court. |

| |Search Warrant: A court order to search a person or place. |

| | |

| |Search incident to a lawful arrest: Searching an arrested person and the area for evidence, before it |

|Rape |gets destroyed. |

| |Stop and Frisk: When a person behaves suspiciously. |

| |Consent: When a person volunteers. |

| |Plainview: When a weapon is easily seen by everyone. |

| |Hot Pursuit: It is lawful to seize evidence. |

|Crimes against property |Vehicle Searches: Only when there is probable cause and reasonable belief. |

| |Emergency Situations: Bomb threats, fire, abuse. |

| |Border and Airport Searches: Without warrant or probable cause. |

| | |

| |Interrogations take place after an arrest is made. |

| |It may result in confessions/admissions |

| |The accused has the right to remain silent to avoid self incrimination. |

| | |

| |Booking and Initial Appearance: To record the arrest. |

| |Bail: Putting up an amount of money in exchange for no jail time, until the trial. |

| |Personal recognizance: Person is freed on personal bond, no money paid. |

| | |

|Substance Abuse |This is a screening device to see if the defendant requires a trial. |

| | |

| |Consists from 12-23 people. |

| |They decide whether there is sufficient cause to believe that a person has committed a crime and should |

| |be made to stand trial. |

| |The 5th Amendment requires that there be a grand jury indictment before being tried for a serious crime.|

| |Federal courts need grand jury indictments. |

| | |

| |One indicted, the defendant can enter a guilty plea or a not guilty plea. |

|Possible defenses in criminal cases |Guilty Plea – date for sentencing will be set. |

| |Not guilty Plea: Date for trial will be set. |

| | |

| |The person does not admit to guilt, but also does not contest the charges. |

| | |

| |It cannot be used as evidence in a civil or criminal trial. |

| | |

| |Granting concessions in exchange for a guilty plea. |

| |The judge needs to decide whether the plea was made freely, voluntarily and with knowledge of the facts.|

| |Once a guilty is entered into, it is very difficult to withdraw. |

| |It enable the government to avoid the time and expense of a trial. |

| |The defendant can also end up getting a lighter sentence. |

|Criminal Justice Process | |

| | |

| |The accused is entitled to have a jury trial. |

| |Avoids undue delay. |

| |Allows defendants to be informed of their rights and the charges against them. |

| |Helps defendants against self-incrimination. |

| |Allows the defendant to be represented by an attorney. |

| | |

| |Guaranteed under Amendment 6. |

| |Applicable to both federal and state courts. |

| |A jury is not required in every case. |

|Searches without Warrants |Jury panels are obtained from voter registration or tax lists. |

| | |

| |Guaranteed under Amendment 6. |

| |Sets limits within which a case must be brought to trial. |

| |If not, the case can be dismissed. |

| | |

| |The accused can confront witnesses by cross examination. |

| |This sometimes leads to disorder or disruption in the courtroom. |

| | |

| |The defendant cannot be forced to testify against himself/herself. |

| |Can be granted immunity. |

| | |

| |The defendant can ask for assistance of council for defense. |

| | |

| |If guilty, the defendant will be sentenced by the jury or the judge. |

| | |

| |Suspended Sentence – Defendant does not need to serve the sentence, but if rearrested, should serve. |

|Interrogations and Confessions |Probation – Released to the supervision of a probation officer. |

| |Home Confinement – The person should stay home except for work or to the doctor and can be monitored |

| |electronically. |

| |Fine - The amount is usually set by the court. |

| |Restitution – To pay for the loss or damage caused. |

| |Work Release – Allowed to work during the day, but back to jail at night. |

|Proceedings before Trial |Imprisonment – term in jail. |

| | |

| |Prepared by the probation department. |

| |Describes the defendant’s records. |

| | |

| |Retribution – an eye for an eye. |

|Preliminary hearing: |Deterrence – Punishment for a crime so that the offender does not repeat it. Also used to serve as an |

| |example. |

| |Rehabilitation – To hopefully change people and make them more useful and productive. |

|Grand Jury |The System of corrections includes community corrections, half-way houses, jails and prisons. |

| | |

| |Inmates lose a lot of their rights. |

| |Inmates have the right to be free from cruel and unusual punishment. |

| |Freedom of religion is allowed. |

| |Every inmate should be given due process. |

| |Medical treatment is provided. |

| |Access to law libraries and courts is also allowed. |

| | |

| |There are almost a million adults in jails today. |

| |This is due to the get-tough attitude towards crime. |

| |Overcrowding causes fights and riots. |

| |4. Drugs, sex and violence are common. |

| | |

| | |

| | |

| | |

| | |

| | |

|Nolo Contendre | |

| | |

| | |

| | |

| | |

| | |

|Plea Bargaining | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

|The Trial: | |

|Due process | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

|Right to Trial by Jury: | |

| | |

| | |

| | |

| | |

| | |

|Right to a Speedy and Public Trial: | |

| | |

| | |

| | |

|Right to Confront Witnesses: | |

| | |

| | |

| | |

|Freedom from Self-incrimination: | |

| | |

| | |

|Right to an Attorney: | |

| | |

| | |

|Sentencing: | |

| | |

| | |

|Types of Sentencing: | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

|Pre-sentence Report: | |

| | |

| | |

| | |

|Goals of Sentencing: | |

| | |

| | |

| | |

| | |

| | |

| | |

|Corrections | |

| | |

| | |

| | |

|Life behind Bars | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

|Prison Overcrowding | |

| | |

|Capital Punishment |This is also known as the death penalty. |

| |Methods include – electrocution, gas chamber, lethal injection, hanging and firing squad. |

| |Law requires 2 trials – to decide guilt or innocence and to set a sentence. |

| |This is a controversial topic since it involves taking a person’s life. |

| | |

|Juvenile Justice |Failure of family contributes to delinquent behavior. |

| |The first juvenile court was established in Cook County, Illinois in 1899. |

| |Courts act as parents and guardians to juvenile offenders. |

|Groups of Juveniles |Delinquent Offenders – Commit crimes similar to crimes committed by adults. |

| |Status offenders – Acts committed by youths that are not considered crimes by adult standards. |

| |Neglected and abused kids – Neglect or abuse caused at the hands of parents or guardians. |

|Parental Responsibility Laws |Parents are responsible to be aware of their children’s activities. |

|Juveniles |1. In most cases juveniles are those under the age of 18. 16-17 in some states. |

| |2. Juveniles charged with serious felonies like robbery, assault and rape can be tries as adults. |

| |3. PINS – People in need of supervision. |

|Gault Case |Juveniles should receive the same due process as adults. |

| | |

| | |

| |Notification of charges. |

|Rights guaranteed under the Gault Case |Right to an attorney. |

| |Right to confront and cross-examine witnesses. |

| |Right to remain silent. |

|Procedures in Juvenile Court |Taking into custody. |

| |Intake – To decide whether a juvenile should be referred to a juvenile court. |

| |Initial Hearing – The right to an initial hearing. |

| |Preventive Detention – A person being better off in jail than on the outside. |

|Types of Hearings |Adjudicatory Hearing – To determine the facts of the case. The defendant’s attorney can be present. |

| | |

| |Dispositional Hearing – The judge decides what sentence or punishment the offender should receive. |

| | |

| |After care – What happens after a person is released from prison. |

| | |

| |. |

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download