Week 1 Flashcards
sources of law
US Constitution
Federal Statutes
State Statutes
Administrative Rules and Regulations
Common Law
US Constitution
Federal law
Federal Statutes
passed by congress
A statute is a law enacted by a legislature. Statutes are also called acts, such as the Civil Rights Act of 1964
administrative rules and regulations
ex: Determination of Disability benefits
common law
law that is derived by findings of the court system
federal case law
state case law
relevant US Constitutional provisions
4th amendment
5th amendment
6th amendment
8th amendment
14th amendment
4th amendment
prevents against unreasonable police searches and seizures
5th amendment
protects against self incrimination
right to due process
- requires the government to follow fair procedures before depriving a person of life, liberty, or propert
6th amendment
right to a speedy trial by impartial jury
right to counsel
right to be informed of charges and confront witness
8th amendment
ban against cruel and unusual punishment
14th amendment
requires states to guarantee these rights to defendants
US Court System
state trial courts (across 50 states) –> intermediate appellate courts (39 of 50 states) –> state supreme courts –> supreme court of the US
US district courts (94 trial courts) –> US Courts of Appeal (13 circuit courts) –> supreme court of the US
Difference between US District Courts and State Trial Courts
District courts hear federal cases, such as civil lawsuits against the government and federal crimes. State courts hear state cases, such as contract cases, family law matters, and traffic violations.
US Supreme Court
- 9 justices with lifetime appointments
- court has both original and appellate jurisdiction (can be the first or last to hear a case)
- does not hear all cases (100-150/7,000)
- only hears cases that involve an issue of Federal law (US Constitution) or fall within federal jurisdiction
what do cases heard by SCOTUS usually involve
conflict between state courts and/or federal courts about federal law or constitution
state court misapplying or not applying ruling from prior SC case
important cases that will set major precedent or are important to justices
Courts of Appeal (13)
once the federal district court has decided a case, the case can be appealed to a US court of appeal
- there are 12 federal circuits that divide the country into different regions
- multiple judges hear cases in each court
- next option for appeal is the US supreme court
- NY is in the 2nd Circuit
U.S. Court of Appeals for the Federal Circuit brings the number to 13.
District Courts (94)
only hear cases authorized by the US constitution of federal statues
- federal judges and SC justices are selected by the President and confirmed “with the advice and consent” of the Senate and “shall hold their Officers during good behavior”
double jeopardy does not apply between state and federal courts
NY Criminal Court Structure
Courts of OG Instance –> Intermediate Appellate Courts –> Court of Appeals
Ex:
town courts, city courts, village courts, district courts –> county courts, appellate divisions of the SC –> court of appeals
NY Civil Court Structure
Courts of OG Instance –> Intermediate Appellate Courts –> Appellate Divisions of the SC –> Court of Appeals
Ex: city, town, village, district courts –> county, appellate terms of the SC –> appellate divisions of the SC –> court of appeals
state courts: criminal vs civil
terminology is different
both need a standard of proof
(different for each)
- purpose of each system
- location of cases
- consequences/outcomes
- procedure/flow of cases
DIFFERENCE
Criminal Court judges can punish you for breaking the law by sending you to jail.
- law violations
Civil Court judges can order you to pay money or a fine, or make decisions about your family or your home.
- settles disputes; suing
standard of proof
if you are arguing a case and want to prove the facts of the case
criminal system, standard of proof
must prove case beyond a reasonable doubt
beyond a reasonable doubt
evidentiary standard used in criminal courts to establish guilt or innocence of criminal defendant and utilized in delinquency proceedings
civil system, standard of proof
preponderance of the evidence
51% sure, level of certainty has to be majority
adolescents and the courts
when criminal charges are brought against an individual under 18, they are charged with either delinquent act or a crime, depending upon age and nature of alleged act
- youth charged with a crime may be prosecuted in juvenile/family court OR adult court, depending upon the jurisdiction
adult criminal courts - NY
greater focus on punishment vs rehabilitation
option for bail
jury trials are guaranteed
all states have a mechanism for trying adolescents as adults, sometimes at a young age depending upon the crime charged
EX: 13 year old can be charged in adult court if accused of murder in the 1st degree
family courts in NY
“exclusive jurisdiction” over certain cases involving families and children
- child maltreatment
- state offenses (PINS/CHINS)
- juvenile delinquency
juvenile delinquency
youth charged with a “delinquent act”
- would be a crime if charged as an adult
- faster case process
- shorter sentences, more rehabilitation options
minimum age of prosecution
none specified: 27 states
6: North Carolina
7: Connecticut and NY
8: Washington
10: 15 states
11: Nebraska
12: California, Massachusetts, Utah
Raise the Age Legislation
prior to October 2018, all 16 and 17 year olds were automatically processed in adult criminal court, regardless of charge
after October 2018:
- 16 and 17 year olds accused of non-violent crimes (typically misdemeanors) begin in Family Court
- 16 and 17 year olds accused of violence crime are still charges in adult court (youth part)
- young people no longer permitted to be housed in adult facilities or jails (all youth moved off Rikers Island to secure juvenile detention)
raising the minimum age of arrest
NY recently raised the minimum age of arrest and prosecution from 7 to 12
court process of adolescents
arrest –> intake –> initial appearance –> fact-finding or trial –> disposition or sentence
standard for fact finding (trial)
beyond a reasonable doubt
standard for disposition (sentencing)
best interests of the youth and protection of the community
family court
dispositions include probation, conditional discharge, placement away from home
adult court
sentencing options include probation, conditional discharge, prison time
STATS - JUVENILE ARRESTS
29% female
64% white
29% under the age of 15
NY –> mainly black individuals
2020 states - juvenile arrests
in 2020 - 424,000 juveniles were arrested in the US
- 7% for violent crimes
- 18% for property crimes
- 17% for assault
- 9% for drug violations
juvenile arrests accounted for 6% of all arrests in 2020
50% decrease since 2016
STATS - GENDER AND ARREST
58% decrease in the rate of juvenile arrests since 2007, but rate of female arrests has increased
noticeable increase iim girls’ entry into jj system
- in 1992, females represented 19% of all juvenile arrests
- now, 29%
substantial decline in the gender gap in serious offending over the past several decades
STATS - YOUTH IN RESIDENTIAL FACILITIES
36,479 youth are residing in a residential facility on a juvenile or criminal court case
in 2018 - 3,400 youth under age 17 were in adult jail settings
the average state cost for the secure confinement of a young person is now $588 per day
- 44% increase from 2014
STATS - RATES OF MENTAL ILLNESS
70% diagnosed with at least one psychiatric disorder
high rates of learning disorders, history of special education, and diagnosis of intellectual disability
most common:
- ADHD
- Cannabis Use Disorder
- Conduct Disorder
- PTSD
disproportionate representation of mental health disorders
overall timing for juvenile offending
some degree of delinquent behavior is normative in adolescence
- increase in frequency of between the preadolescent and adolescent years
onset of serious delinquency typically begins between ages 13 and 16 - downward trend with age e
youth who engaged in delinquent behavior at an earlier age have a higher risk of becoming chronic, and often more seizures, offenders
criminalization of black and brown youth
status offenses
violations committed by specific juveniles
EX: runaway, truancy, unruly behavior, liquor law violations, curfew violations
not a crime if committed by an adult
status offenders
juveniles who commit such infractions (status offenses)
juvenile delinquents
juveniles who engage in acts that are categorized as crimes
Any youth under a specified age who has violated a criminal law or engages in disobedient, indecent, or immoral conduct and is in need of treatment, rehabilitation, or supervision
Juvenile Justice and Delinquency Prevention Act (JJDPA)
enacted in 1974
encouraged states to remove their status offenders from secure institutions where they were being held
- secure juvenile residential or custodial facilities
- To remove juveniles who were involved in status offenses from secure detention of juvenile correctional facilities within two years of the legislation
- To make certain that youth were not held in facilities where they would have contact with adults convicted of a crime
juvenile justice system
similar to criminal justice
consists of a network of agencies, institutions, organizations, and personnel that processes juvenile offenders
criminal justice
system of governments directed at mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts
law enforcement agencies
law enforcement
law department
- lawyers who try to prove you committed an offense
prosecution and the courts
the act or process of holding a trial against a person who is accused of a crime to see if that person is built
systems have a common set of core principles that distinguish them from criminal courts of adult offenders
- limited jurisdiction (up to age 18 in most dates)
- informal proceedings
- focus on offenders, not their offenses
- indeterminate sentences
- confidentiality
juvenile justice - process
focuses on different actions in dealign with juvenile offenders at various stages in the juvenile justice system
juvenile justice - system
suggests coordination among elements in an efficient production process
juvenile offenders
those under the age of 18 (7-17) committing crimes
- those really young are likely to be treated rather than punished
US District Court judge or a magistrate handles juvenile cases in a separate session
No such thing as a juvenile court
States vary with lowest maximum age for juvenile court jurisdiction
- North carolina = 15
Some states have no minimum age limit
parens patriae
a concept that originated with the King of England (12 century)
“the father of the country”
- the king is in charge of, makes decisions about, and has the responsibility for all matters involving juveniles
this doctrine counties in juvenile court jurisdictions in the US
get-tough movement
emphasizes swiffer, harsher, and more certain justice and punishment than the previously dominant, rehabilitative philosophy of American courts
- Youth are viewed as mini adults
juvenile delinquency
The violation of any law of the US by a person before his or her 18th birthday that would be a crime if committed by an adult
runaways
Youth who leave their homes, without permission or their parents’ knowledge, and who remain away from home for periods ranging from a couple of days to several years
truants
Those who absent themselves from school without school or parental permission
curfew violators
Youth who remain on city streets after specified evening hours when they are prohibited from loitering or are not in the company of a parent or guardian
stigmas/stigmatization
labels
youth acquire these
- “delinquents”
- “deviants”
Office of Juvenile Justice and Delinquency Prevention (OJJDP)
Agency established by Congress under the Juvenile Justice and Delinquency Act of 1974; funds research, assists states, and disseminates data and information on juvenile prevention initiatives and treatment groups
Deinstitutionalization of status offenders (DSO)
removal of youth from secure institutions
Refers to the removal of status offenders from secure juvenile institutions, such as state industrial or training schools
Disproportionate minority confinement (DMC)
Requirement prompted states to investigate why minority youth were incarcerated at a higher rate and to develop strategies to address the imbalance
three outcomes of DSO
- the number of status offenders in secure confinement has been reduced
- net widening
- relabeling
net widening
bringing youth into the juvenile justice system who haven’t been involved in the system previously
when diversion programs are offered to youth who would not otherwise be involved in the justice system. Net widening occurs when the number of youth processed by the juvenile justice system increases due to diversion programs
relabeling
defining youth as delinquent or emotionally disturbed who in the past would have been defined and processed as status offenders
differences between adult and juvenile courts (7)
- Juvenile courts are civil proceedings designed for juveniles; criminal courts are proceedings designed to try adults
convictions - Juvenile proceedings are more informal; criminal proceedings are more formal
- Juveniles are not entitled to a trial by jury; criminal proceedings are entitled to one if the crime or crimes they are accused of committing carry a possibility of incarceration for more than six months
- juveniles=non-adversarial; criminal courts=adversarial proceedings
- juvenile proceeding transcripts are made only if the law authorizes them; criminal courts are courts of record
- juvenile civil standard is less rigorous - preponderance of the evidence; criminal court is standard of proof
- juvenile court penalties are limited; range of penalties in criminal court cases (longer)
convictions
Judgments of a court, based on jury or judicial verdict or on the guilty pleas of defendants, that the defendants are guilty of the offenses alleged
adversarial proceedings
Opponent-drive court litigation in which one side opposes the other
courts of record
Courts in which a written record is kept of court proceedings
court reports
Record all testimony presented in most criminal courts
preponderance of the evidence
Standard used in civil courts to determine defendant or plaintiff liability and in which the result does not involve incarceration
taken into custody
arrest
jail removal initiative
States are encouraged to avoid holding juveniles in adult jails, even for short periods
preventive detention
Authority to detain suspects before trial without bail when suspects are likely to flee from the jurisdiction or pose serious risks to others
- SCOTUS held that this of juveniles for brief periods can bee used without violating their constitutional rights
pretrial detention
Holding delinquent or criminal suspects in incarcerative facilities pending their forthcoming adjudicatory trial or hearing
- presupposes a forthcoming trial of those detained and preventive detention does not, both terms are used interchangeably
referrals
Notifications made to juvenile court authorities that a juvenile requires the court’s attention
- can be made by parents, school principles, teachers, neighbors, etc
petition
An official document filed in juvenile court on the juvenile’s behalf that specifies the reasons for the youth’s court appearance
intake officer
Juvenile probation officer or other court representative who conducts screenings and preliminary interviews with alleged juvenile offenders and their families
intake
Critical phase in which a determination is made by a juvenile probation officer or other official to release juveniles, detain juveniles in formal detention facilities for a later court appearance, or release them to parents, pending a later court appearance
screening
Procedure that is involved in intakes ^
intake hearings
Where information and explanations are solicited from relevant individuals, such as police, parents, school officials, or victims
adjudication
A judgment or action on the petition filed with the court
Ex: if the petition alleges that the youth is delinquent, the judge determines whether this is so
adjudication hearing
Formal proceeding involving a prosecuting attorney and a defense attorney in which evidence is presented and the juvenile’s involvement is determined by the juvenile judge
dispose
To decide the sanction to be imposed on a juvenile following an adjudication hearing
dispositions
sanctions/penalties
normal dispositions
Either verbal warnings or reprimands and are the least punitive dispositional options
conditional dispositions
involve probation, which is the most frequently impose sanction
restorative justice
Offenders and their victims are brought together for the purpose of mediation
Goals
1. Promote public safety and the protection of the community
2. Heighten accountability of youth toward victims and the community for offenses committed
custodial dispositions
Either non secure or secure options resulting from a delinquency adjudication
nonsecure custody
Nonsecure confinement
Custodial disposition in which a juvenile is placed in a group home, foster care, or other nonsecure residential setting where he or she is permitted to leave with permission of parents, guardians, or supervisors
secure custody
Secure confinement
Incarceration of juvenile offender in a facility that restricts movement in the community
hard time
Confinement in state industrial or reform schools for juveniles (equivalent of incarceration in a state prison for adults)
In the adult system = parole
Juvenile system = aftercare
When juveniles have completed a specified period of time in a residential setting, they usually are considered for release by a juvenile paroling authority
- If selected, the youth undergo a period of supervision under an appropriate state or community agency
solitary confinement - what is it and how does it apply to juveniles
Solitary confinement is a practice where an incarcerated individual is placed in a cell alone with minimal to no contact with other people, often for extended periods, essentially isolating them physically and socially;
when applied to juveniles, this means isolating young people in a cell for most of the day, which can have severe and lasting negative psychological effects due to their developing brains, often considered a form of child abuse and widely condemned by experts
