Chapter 15Criminal and juvenile justice

15.1 Crime in American Society

Criminal and Juvenile Justice

Problem of CrimeAmericans are concerned about

crime. Every 22 seconds a violent

crime takes place, while every 3 seconds a property crime occurs.

Crime costs people, businesses, and government billions of dollars every year.

Crime makes people afraid.

In general, cities and poor neighborhoods have more crimes than rural areas or wealthy neighborhoods.

1. Put extra locks2. Do not go out at night3. Suspicious of strangers

Types of Crimes

Crimes against people

Crimes against

property

White-Collar Crime

Victimless Crimes

Crimes against

Government

Assa

ult • An attack on a

person for the purpose of causing injury to that person’s body.

• Most common

Hom

icid

e • Killing someone• Murder:

• when a killing is planned ahead of time

• Manslaughter:• a killing that

happens by accident or in a fit of anger

Types of Crime I: Crimes Against People• Acts that

threaten, hurt, or end a person’s life.

• Violent crimes.

Killing someone in self-defense

is not against the law, if that is the only way to save

your life.

Types of Crime II: Crimes Against PropertyStealing

• Larceny• Without violence• Shop lifting, stealing

a car• Robbery• By force or by

threat of violence• Also crime against

person• Burglary• Breaks into a

building and plans to do something illegal inside.

• May or may not involve stealing

Arson

• The act of setting fire to someone’s property on purpose

Vandalism

• Purposely damaging property

• Breaking windows and painting graffiti

Types of Crime III: White-Collar Crime

• Taking someone else’s property or money by cheating or lying.

Fraud• Stealing money

that has been trusted to your care.

Embezzlement

• Stealing company secrets

• Not paying taxes

Other

Types of Crime IV: Victimless Crimes• Acts that

hurt no one except the people who commit them.

• Drug use and gambling.

• Against common values or hurt society as a whole.

Types of Crime V: Crimes against Government

Crime in which people or groups of people use, or say they will use, violent acts in order to get

what they want from government or society.

Terrorism

Betray of one’s country by helping its enemies or by making war against it

Treason

Opinions about the causes of crime vary.

Causes may include

and combinations of these.

PovertyRapid Social Change

Poor ParentingPermissive Courts

Drug Abuse

Not Enough Money for Police

Violence in the Media

No Single Cause

15.2 The Criminal Justice System

Criminal and Juvenile Justice

“In the Criminal Justice System, the people were represented by two

separate yet equally important groups:

the ________, who investigated crime, and the

______________________, who prosecuted the offenders. These are their

stories…” Chung-chung!

District Attorneys

Police

The Role of Police• Patrols neighborhoods• Arrest law breakers• Help solve disputes• Writes traffic tickets

Local Police

• Varies from state to state• Protect automobile

drivers and enforce traffic laws on state highways

State Police

• Federal Bureau of Investigation

• Gang wars and drug dealing.

• Enforce federal laws such as those against bank robbery and kidnapping

Federal law enforcement agencies

The police may arrest people for probable cause.

The police may also arrest a person by securing a warrant from a judge.

Criminal Justice System

Police Courts Prisons

A good reason to believe that a suspect has been involved in a

crime.

A legal paper, issued by a court, giving police permission to make an

arrest, seizure, or search.

Many constitutional guards protect accused people. These include the Miranda warning against self-

incrimination at the time of arrest and guaranteed representation by a lawyer.

You have the right to

remain silent and to have

a lawyer present during

questioning.

You have the right to call a

lawyer or a friend who can arrange

for a lawyer.

The case will be given to a prosecuting attorney, or prosecutor (District Attorney) to lead the government’s case against the accused.

If the prosecutor decides that the case against the accused is too weak, the charges may be dropped, and the suspect released.

What Happens to Someone Who is Arrested?

•Enter a plea of guilt, not guilt or a plea of “no contest”•“recognizance”; bail; jail.

Preliminary hearing

Grand Jury•Serious federal crimes and some state crimes.•Group of 16 to 23 citizens.•Decide if there is a probable cause.•Indictment or refuse to indict•A defendant who is indicted must appear in court for a felony arraignment

Pretrial Motions

•plead non-guilty•Kept back the evidence from being presented in court •Protect individual constitution right.

Plea Bargaining

•plea guilty.•To make a deal with the prosecutor when one know one had broken the law and that the evidence against oneself was strong.•Defendant gets milder punishment; Government saves time and cost of a trial

Money that a defendant gives the court as a

promise that he or she will return for the

trial.

A formal change against a person accused of a crime.

A court hearing in which the defendant is formally charged with a crime and

enters a plea.

Jury Selections

• Questioned by both attorneys

• People who will listen carefully to the evidence presented in court and then make up their minds fairly.

The Trial

• The rights of due process by the constitution guarantees a speedy and public trial

• At its essence, it required five main players

• A jury must decide if the defendant is guilty “beyond reasonable doubt”.

• Hung Jury—case tried again before another jury.

Sentencing

• Deciding how the defendant will be punished.

• Laws set both the maximum and minimum sentences for each crime, the judge has the power to decide the exact sentence.

Going to Trial

Player 4: The ScumbagKnew if she kept

her pretty little trap shut, those saps on the jury would let

her off.

Player 3: The Defense AttorneyOne of the 5% law school Graduates who actually used his degree to help people—orTo subvert society from within,Depending on who you ask.

Player 1: The JudgePresided over trials, decided punishments. The robe was worn in order to “leave something to the imagination.”

Player 2: The ProsecutorWas interested in only two things: justice and keeping her Conviction percentage high. Not in that order.

Player 5: The JuryTwelve angry people, each with

assigned roles: #8, the lone dissenter; #10, the racist; #3, the

lonely retiree who never, ever wants the trial to end.

Correctional Institutions• Run by cities and

counties.• Hold people waiting for

trial• Misdemeanors

Jails

• Run by both state and federal governments

• Felonies• People who are in

prison are called inmates

Prisons

An inmate’s time in prison may be lowered for good behavior.

Letting an inmate go free to serve the rest of his or her sentence outside of prison—parole.

“Parole Board” decides.

At the end of 1999, there were 1.4 million state and federal inmates and about 700,000 inmates in local jails.

In 1196, state prisons spent a total of $22 billion, or about $20,100 annually per inmate.

Did you know?

Facts and Quotes Source: U.S. Department of Justice

Crime Average SentenceAverage time

served

Homicide 9 years, 5 months 4 years, 11 months

Kidnapping 11 years, 4 months 8 years, 1 month

Robbery 7 years, 7 months 5 years, 1 month

Assault 3 years, 3 months 2 years, 1 month

Prisons in America are overcrowded because more and more criminals are receiving jail sentences.

Some communities organize to prevent crimes “Neighborhood Watch”, while other people work for tougher criminal penalties “Death penalties, or capital punishment”.

Still others believe in rehabilitation of prisoners so that they will not return to crime when released.

Average of over 7 million arrest annually. Number of inmates

nearly doubled during the 1990s, as arrests and average prison sentences both increased.

State prisons housed up to 17 percent more inmates than they were designed to hold. Fed prisons housed 32 % beyond their capacity.

Did you know?

Watching: Law and Order

On a piece of paper: • Summarize the episode. • What type of crime? • Evaluate: Was the defendant

found guilty? If yes, what is the penalty?? Do you think justice is served?

• Vocabulary: Copy down the vocabulary you learned in this chapter that you heard on the show—and form a sentence with it.

15.3 The Juvenile Justice System

Criminal and Juvenile Justice

Until about 100 years ago, children who were accused of committing crimes were treated just as adults were.

• Today the juvenile justice system exists for young people.

• Juvenile courts have been set up to help rather than punish juvenile offenders.

• First juvenile court was opened in Illinois in 1899.

• Purpose: to give personal attention to each youth.

Who enters the juvenile system?

• Most states consider a juvenile anyone who is under 18. In some states, the age is 16 or 17. (Minors are 15 or below)

• Juveniles found guilty of crimes are called delinquents.

• Some offenses, such as truancy, disobedience, or running away, apply only to young people.

• A juvenile guilty of one of these acts is called a status offender.

In eleven states, including Georgia, Illinois, Louisiana, Massachusetts, Michigan, Missouri, South Carolina, and Texas, a "juvenile" is legally defined as a person under seventeen.

In two states, New York and North Carolina, "juvenile" refers to a person under sixteen.

In other states a juvenile is legally defined as a person under eighteen

• Unlike the criminal system, the steps of a juvenile court case take place in private, in front of a judge, and without a jury.

• Juveniles found guilty are not sent to prison but to state institutions or group homes.

• In some cases, the juveniles are put on probation.

A kind of sentence in which a person goes free but must be under the supervision of a court official called a probation officer.

Crim

inal

Justi

ce Requires grand jury to decide on a verdict of guilty or not guiltyPublicPrison, Jail, or Probation.

Juve

nile

Justi

ce In front of a judge, and without a juryPrivateParole, rehabilitation institution, group home.

The Juvenile Court Process

Take into Custody•Arrest for a crime, e.g. “shoplifting”

Intake•Informal court process deciding if the case should be sent to juvenile court.

Initial hearing•Need evidence to that the young person was the one who did it.

Adjudicatory hearing•The trial•Not public, no jury•May have an attorney•Decide the defendant to be a delinquent or not

Dispositional hearing•Decides on the sentence—using information about the youth’s school situation, family and past behavior.

Released at police station

Released Referred to

social service

Under custody of parents or held in detention home.

Released by judge

Not Guilty

Probation Group

home or treatment center

Juvenile Institution

Americans are divided about the treatment of young offenders. • Some say that the courts do help young offenders stay away

from crime, while others say that the courts should use stronger punishments.

• Some successful programs for juvenile offenders include community treatment centers and wilderness programs such as Outward Bound.

Wilderness programs take juvenile delinquents away from the environments in which they committed crimes; they help increase self-esteem, and give

juveniles a sense that they can change their environments in positive ways.

Video 1: A New Model for Juvenile Justice

http://www.youtube.com/watch?v=ExPSUl8-hVU

Video 2: Serious Juvenile Crime Rising

http://www.youtube.com/watch?v=DNh232YLsAg

Video 3: Inside Juvenile Prison on the Job with the Superintendent

http://www.youtube.com/watch?v=JiWok5rg1-8

Video 4: Quiet Kid Learns to Cope in Prison

http://www.youtube.com/watch?v=PAS4uSDJe9k

Design a Juvenile Justice Program• After watching the video clips

• In groups of 3-4. Write on another folder paper.

• Think about the best possible program for dealing with young offenders and to design a program you think might work.

– Decide who should or should not be included in juvenile justice program.

– How to handle different offenders? Is there any kind of juvenile offenders who should receive long jail terms instead of juvenile dispositions?

– What are some home and community problems that might affect rehabilitation?

Present to the class. 10 points.

Homework

Chapter 15 Assessment- Civics Quote of the Day -“Good people do not need laws to tell them to act

responsibly, while bad people will find a way around the laws.”Plato, ancient Greek philosopher

Chapter Assessment

For each pair, explain how the terms have in common and how they are different.

1. Arraignment and indictmentBoth are part of the process of charging a person with a serious crime.Indictment is the formal charge against the accused while arraignment is the court hearing in which a defendant is charged.

2. Probable cause and warrantBoth relate to how a suspect may be legally arrested.Probably cause means having good reason to believe a suspect was involved in a crime; a warrant is a court order to arrest a suspect based on the probably cause.

Chapter Assessment

For each pair, explain how the terms have in common and how they are different.

3. Probation and ParoleBoth free a person found guilty of a crime.A parole allows a prisoner to serve the remainder of

a sentence outside of prison. Probation is a sentence under supervision instead of imprisonment.

4. Delinquent and Status offenderBoth describe juvenile offenders.A delinquent has been found guilty of a crime; a status

offender has been found guilty of an act illegal only for juveniles.

Chapter Assessment

5. Why is robbery considered both a crime against a person and a crime against property?

Because property is taken from a person by force or threat of force.

6. Why do many people believe that some “victimless” crimes really do hurt innocent people?

Some people believe those who commit “victimless” crimes hurt innocent people because they are a bad influence and commit crimes in order to pay for their

habits.

Chapter Assessment

7. What are the two responsibilities that the criminal justice system must balance?

To protect the society from criminals and to protect the rights of the accused.

8. What is the role of a grand jury?

To determine if there is enough evidence to charge someone with a crime.

Chapter Assessment

9. What are some of the factors a judge consider when deciding the sentence of a lawbreaker?

The degree of harm done, and the defendant’s age, attitude, and criminal record.

11. Do you agree wit the use of plea bargaining as a method of settling criminal cases quickly? Why or why not?

Answers may include: Helps an over crowded system; or it lets criminal off too easily.