History Flashcards
Purpose
§ 31-10-2-1 (8) protect the public & (11) public safety (9) use diversionary programs (10) procedures, including “fair hearings” and recog. of the rights of children
A.H
WORKS BOMB CASE: D makes work bomb explodes it in the backyard. Neighbor calls police. Police come arrest him/ state charged him with possession of a destructive device. IN CT APP said revise, vacate found to be gas pressured device.
Graham(FL):
LIFE W/O PAROLE CASE 8th amend. Cruel & unusual F:03 had robbed a restaurant=probation, 04 D was arrested for robbery and attempted robbery. Committed act when he was almost 18. Def. asked for 5 yrs, DOC 4 yrs, State 45 yrs, Court Life sentence + 15I:whether the Constitution permits a juvenile offender to be sentenced to life in prison without parole for a non-homicide crime H:TWO way 8TH challenges. 1) examine all the circumstances surrounding the case, court generally upholds the cases 2) cat. Appro. Certain crime wasn’t eligible for certain punishment. A) nature of the offense & B) characteristics of the offender. TAKEAWAY: juv. Cannot get Life w/o parole for non-homicide case.
Terminology
Charge=petition Jail=detention Arraignment=initial hearing convicted= found delinquent sentencing=disposition Prison=b/g school
stages
Pre-arrest: Search & seizure, confessions,
Arrest/detention: preliminary inquiry
Filing of delinquency petition/initial hearing
waiver hearing
fact-finding hearing or plea
disposition
appeal/ post-disposition proceedings