knowt logo
HomeExploreExams
Home
Home
Social Studies
Social Studies
Government
Government
knowt logo

Modified Overview of Law, Adult vs. Juvenile Cases

Modified Overview of Law, Adult vs. Juvenile Cases

Overview of Law, Adult Civil/Criminal Cases and Juvenile Cases

Major Types of Law:

  1. Criminal Law -- Seeks to prevent people from deliberately (on purpose) or recklessly (carelessly) harming one another or one another’s property.  Crimes against property include:
  • larceny – theft; stealing of any kind; labeled as  “petty” or “grand”
  • robbery – taking property from another person using intimidation and/or violence
  • burglary – breaking into and entering a building with intent to steal.
  • vandalism – the purposeful defacement or destruction of another’s property.
  1. Civil Law -- Deals with disputes between people or groups in which no criminal law has been broken. Most common subtypes are:
  • Contract Law --  covers contracts (oral or written); A contract is an agreement between two or more parties to exchange something of value.
  • Property Law --  covers  property, which involves how property is bought and sold, as well as its care and use, such as between property owners/landlords and their renters/tenants.
  • Family Law -- which covers family relational disputes: divorce, custody, child support, alimony, abuse, adoption, etc.
  • Personal Injury Law_ -- Covers civil “wrongs” (called “torts”) in which a person suffers personal injury or property loss due to another’s negligence (reckless or irresponsible action); Results in “recovery” of loss, costs, and/or damages* at the end of a “lawsuit.” A “defendant” pays those “damages” to the “plaintiff”.  These cases are often called “torts” and this branch of law is also called “tort law.” A “tort” is an act or omission (failure to act) that causes injury or harm to another; it’s a  “civil wrong” for which courts impose liability (responsibility). (*compensatory damages -- cover actual injury, like medical bills, or economic loss, like car repair bills. Punitive damages -- seek to punish the defendant/wrongdoer.)

 

Civil Case Steps (Memory Tool: C-SAPS-TV):

Plaintiff’s lawyer files complaint with court 🡪 Court issues summons to defendant 🡪 Defendant answers summons 🡪 Both sides exchange “pleadings” documents (also called “discovery” phase)  🡪 Both sides argue in a court trial* 🡪Judge or jury issue verdict (decision) (*Note – most cases are settled out of court and never go to trial. Some go to arbitration, which is going to a private party to settle the dispute instead of going to court. Arbitration usually favors businesses) (See video for Ch. 15, Lesson 1)  

Criminal Case Steps (Memory Tool: APHIATACS – pronounced ah-FEE-ah-tahks)

Arrest and booking 🡪preliminary hearing (before judge; bail set) 🡪 Indictment by grand jury 🡪 arraignment (plead “guilty” – no trial, proceed to “sentencing”; plead “not guilty” – trial date set; plead “no contest” – no trial, proceed to “sentencing”) 🡪trial (prosecution, the gov’t’s side goes first, then defense; jury gets case and renders “verdict”) 🡪 acquittal (results from “not guilty” verdict) or “conviction” (results from guilty” verdict), which ends in sentencing (the punishment phase).

Reasons for punishments: 1) to punish (retribution - pay back); 2) protect others; 3) to deter (turn away; dissuade) others;                       4) rehabilitate (change behavior; the idea of “corrections”, e.g. Department of Corrections)

Selected Recidivism (tendency to return to crime) Rates in the U.S. (Based on a 9-year study, 2005-2014, of released inmates from 30 states):

  • Overall, 68 percent of released state prisoners were arrested within three years, 79 percent within six years and 83 percent within nine years (5 out of every 6!).
  • The 401,288 released state prisoners were arrested an estimated 2 million times during the nine years after their release, an average of five arrests per released prisoner.
  • Released property and drug offenders were more likely to be arrested than released violent offenders; however, released violent offenders were more likely to be arrested for a violent crime. 

One controversial issue -- “Three Strikes” laws, which 28 states have.  Such laws often hand down a life sentence after a third offense.  New Jersey has had a “three strikes” law since 1995 and applies to certain enumerated and violent crimes. 

Prior to 2012, California had what may have been the most severe three strikes law in the United States. It was amended by proposition 36 and made less strict. In order to receive a sentence of 25 years to life in prison, a defendant’s third felony must be classified as violent.

*****************************************************************************************************

Introduction to Juvenile Law and Juvenile Case Steps

  1. Young people who commit crimes are called _juvenile delinquents. (“delinquency” is crime committed by minors)
  2. The main goal of juvenile courts is to rehabilitate_, which means to change a person’s behavior so it’s more acceptable.  The general consensus is that children/minors are still moldable and can be steered away from crime.
  3. Juvenile courts handle two main types of cases:
  1. Neglect --- involves juveniles whose _caretakers have acted abusively and/or irresponsibly .
  2. Delinquency – which involves _lawbreaking by juveniles.

Handling Juveniles in RP

  1. Arrest – What are some ways that adults are “booked” that wouldn’t happen to juveniles? _No photographs, fingerprinting, no media, or permanent record keeping.
  2. “Station House” – police attempt to deal with the juvenile directly and steer him/her in the right direction, working with parents, school, counselors, etc.  Here, they try to avoid involvement with courts.
  3. Juvenile Conference Committee – involves 6 – 7 adult volunteers that meet confidentially with juvenile and his/her parents/guardians to determine a course of action, often involving community service and/or other corrective actions.
  4. Probation – more official and involves court-appointed probation officers.
  5. Referee – If juvenile continues to get in trouble and/or violate his/her probation, there may be a final referral to a legal “referee” before going to court.
  6. Juvenile Court Hearing – Involves court judge, parents/guardians, juvenile, any other people that may have been involved with the juvenile before.  Send home with lecture, continue probation, placement in special training/counseling programs, treatment centers or teen shelters (Residential Community Homes –13 in NJ); Juvenile detention center is a last resort (days, weeks, months, or years).

Y

Modified Overview of Law, Adult vs. Juvenile Cases

Modified Overview of Law, Adult vs. Juvenile Cases

Overview of Law, Adult Civil/Criminal Cases and Juvenile Cases

Major Types of Law:

  1. Criminal Law -- Seeks to prevent people from deliberately (on purpose) or recklessly (carelessly) harming one another or one another’s property.  Crimes against property include:
  • larceny – theft; stealing of any kind; labeled as  “petty” or “grand”
  • robbery – taking property from another person using intimidation and/or violence
  • burglary – breaking into and entering a building with intent to steal.
  • vandalism – the purposeful defacement or destruction of another’s property.
  1. Civil Law -- Deals with disputes between people or groups in which no criminal law has been broken. Most common subtypes are:
  • Contract Law --  covers contracts (oral or written); A contract is an agreement between two or more parties to exchange something of value.
  • Property Law --  covers  property, which involves how property is bought and sold, as well as its care and use, such as between property owners/landlords and their renters/tenants.
  • Family Law -- which covers family relational disputes: divorce, custody, child support, alimony, abuse, adoption, etc.
  • Personal Injury Law_ -- Covers civil “wrongs” (called “torts”) in which a person suffers personal injury or property loss due to another’s negligence (reckless or irresponsible action); Results in “recovery” of loss, costs, and/or damages* at the end of a “lawsuit.” A “defendant” pays those “damages” to the “plaintiff”.  These cases are often called “torts” and this branch of law is also called “tort law.” A “tort” is an act or omission (failure to act) that causes injury or harm to another; it’s a  “civil wrong” for which courts impose liability (responsibility). (*compensatory damages -- cover actual injury, like medical bills, or economic loss, like car repair bills. Punitive damages -- seek to punish the defendant/wrongdoer.)

 

Civil Case Steps (Memory Tool: C-SAPS-TV):

Plaintiff’s lawyer files complaint with court 🡪 Court issues summons to defendant 🡪 Defendant answers summons 🡪 Both sides exchange “pleadings” documents (also called “discovery” phase)  🡪 Both sides argue in a court trial* 🡪Judge or jury issue verdict (decision) (*Note – most cases are settled out of court and never go to trial. Some go to arbitration, which is going to a private party to settle the dispute instead of going to court. Arbitration usually favors businesses) (See video for Ch. 15, Lesson 1)  

Criminal Case Steps (Memory Tool: APHIATACS – pronounced ah-FEE-ah-tahks)

Arrest and booking 🡪preliminary hearing (before judge; bail set) 🡪 Indictment by grand jury 🡪 arraignment (plead “guilty” – no trial, proceed to “sentencing”; plead “not guilty” – trial date set; plead “no contest” – no trial, proceed to “sentencing”) 🡪trial (prosecution, the gov’t’s side goes first, then defense; jury gets case and renders “verdict”) 🡪 acquittal (results from “not guilty” verdict) or “conviction” (results from guilty” verdict), which ends in sentencing (the punishment phase).

Reasons for punishments: 1) to punish (retribution - pay back); 2) protect others; 3) to deter (turn away; dissuade) others;                       4) rehabilitate (change behavior; the idea of “corrections”, e.g. Department of Corrections)

Selected Recidivism (tendency to return to crime) Rates in the U.S. (Based on a 9-year study, 2005-2014, of released inmates from 30 states):

  • Overall, 68 percent of released state prisoners were arrested within three years, 79 percent within six years and 83 percent within nine years (5 out of every 6!).
  • The 401,288 released state prisoners were arrested an estimated 2 million times during the nine years after their release, an average of five arrests per released prisoner.
  • Released property and drug offenders were more likely to be arrested than released violent offenders; however, released violent offenders were more likely to be arrested for a violent crime. 

One controversial issue -- “Three Strikes” laws, which 28 states have.  Such laws often hand down a life sentence after a third offense.  New Jersey has had a “three strikes” law since 1995 and applies to certain enumerated and violent crimes. 

Prior to 2012, California had what may have been the most severe three strikes law in the United States. It was amended by proposition 36 and made less strict. In order to receive a sentence of 25 years to life in prison, a defendant’s third felony must be classified as violent.

*****************************************************************************************************

Introduction to Juvenile Law and Juvenile Case Steps

  1. Young people who commit crimes are called _juvenile delinquents. (“delinquency” is crime committed by minors)
  2. The main goal of juvenile courts is to rehabilitate_, which means to change a person’s behavior so it’s more acceptable.  The general consensus is that children/minors are still moldable and can be steered away from crime.
  3. Juvenile courts handle two main types of cases:
  1. Neglect --- involves juveniles whose _caretakers have acted abusively and/or irresponsibly .
  2. Delinquency – which involves _lawbreaking by juveniles.

Handling Juveniles in RP

  1. Arrest – What are some ways that adults are “booked” that wouldn’t happen to juveniles? _No photographs, fingerprinting, no media, or permanent record keeping.
  2. “Station House” – police attempt to deal with the juvenile directly and steer him/her in the right direction, working with parents, school, counselors, etc.  Here, they try to avoid involvement with courts.
  3. Juvenile Conference Committee – involves 6 – 7 adult volunteers that meet confidentially with juvenile and his/her parents/guardians to determine a course of action, often involving community service and/or other corrective actions.
  4. Probation – more official and involves court-appointed probation officers.
  5. Referee – If juvenile continues to get in trouble and/or violate his/her probation, there may be a final referral to a legal “referee” before going to court.
  6. Juvenile Court Hearing – Involves court judge, parents/guardians, juvenile, any other people that may have been involved with the juvenile before.  Send home with lecture, continue probation, placement in special training/counseling programs, treatment centers or teen shelters (Residential Community Homes –13 in NJ); Juvenile detention center is a last resort (days, weeks, months, or years).