Chapter 15 Civil and criminal law

disposition hearing

disposition hearing

the final settlement and sentencing in a juvenile case

Custody

taking charge of someone in an official way

Detention hearing

a juvenile court process that is much like a preliminary hearing in adult criminal law

adjudication hearing

the procedure used to determine the facts in a juvenile case

rehabilitate

to correct a person’s behavior

status offender

a youth charged with being beyond the control of his or her legal guardian

delinquent offender

a youth who has committed an offense that is punishable by criminal processes

Minor

1st definition: of comparatively less importance

2nd definition: Person younger than 18

juvenile delinquent

a child or teenager who commits a serious crime or repeatedly breaks the law

emphasis

the value or importance of something

contract

a set of promises between agreeing parties that is enforceable by law

complaint

a formal notice that a lawsuit has been brought

tort

wrongful act, other than breaking a contract, for which an injured party has the right to sue

damages

money ordered by a court to be paid for injuries or losses suffered

negligence

a lack of proper care and attention

summons

a notice directing someone to appear in court to answer a complaint or a charge

plaintiff

the person in a civil case who claims to have been harmed; person who files a lawsuit

defendant

the person in a civil case who is said to have caused the harm; the person who is being sued

discovery

process by which attorneys have the opportunity to check facts and gather evidence before a trial

respond

to give a spoken or written answer

crime

an act that breaks a law and causes harm to people or society in general

illustration

an example that helps make something clear

penal code

a state’s written criminal laws

felony

a type of crime more serious than a misdemeanor, such as murder, rape, kidnapping, or robbery

misdemeanor

the least serious type of crime; minor crime for which a person can be fined a small sum of money or jailed for up to one year

sentence

the punishment given to someone found guilty of committing a crime

grant

to allow

cross-examination

the questioning of a witness at a trial or hearing to check or discredit the witness’s testimony

prosecution

the government, which starts the legal proceedings against someone accused of committing a crime

plea bargaining

the process in which a defendant agrees to plead guilty to a less serious crime in order to receive a lighter sentence

settlement

an official agreement intended to resolve a dispute or conflict.

What must a person who has been paroled do?

maintain employment and a residence. avoid criminal activity and contact with any victims. refrain from drugs—and sometimes alcohol—use. attend drug or alcohol recovery meetings, and.

Steps in a juvenile case

(1) delinquent behavior

(2) referral

(3) intake/​diversion

(4) transfer/​waiver

(5) detention

(6) adjudication

(7) disposition

(8) juvenile corrections

(9) aftercare

Steps in the beginning of a criminal case/Criminal case process

1. Step 1: Crime Committed / Police Notified.

2. Step 2: Police Investigate.

3. Step 3: Police Make an Arrest (or Request a Warrant)

4. Step 4: Warrant/Charging Request Reviewed by Prosecuting Attorney.

5. Step 5: Warrant Issued.

6. Step 6: Suspect Arrested.

7. Step 7: District Court Arraignment

Role of judge in a civil case

a judge generally will decide the case without a jury, unless a party to the case requests one

Two types of torts

intentional & negligent

personal injury

a physical injury inflicted on a person's body, as opposed to damage to property or reputation.

probable cause

strong reasons to think that a person or property was involved in a crime

Booking process

the process where information about a criminal suspect is entered into the system of a police station or jail after that person's arrest.

spoken contract

a type of business contract that is outlined and agreed to via spoken communication, but not written down.

How are crimes divided?

Crimes are generally graded into four categories: felonies, misdemeanors, felony-misdemeanors, and infractions

When can juveniles be tried as adults?

At age 13 or older, a juvenile may be “transferred” to adult criminal court, if a juvenile court judge finds probable cause that the juvenile committed a felony offense and conducts a transfer hearing.

When might a juvenile offender receive counseling?

When they engage in conduct that is inappropriate for minors but does not amount to a crime, such as running away from home or skipping school, they are considered to be “undisciplined.”

Acts that are illegal for a juvenile, but not for an adult

Skipping school, Running away from home, Drinking, ex

Purpose of the first juvenile courts

to provide rehabilitation and protective supervision for youth. The court was intended to be a place where the child would receive individualized attention from a concerned judge.

What did rising crime in the 1990s lead to for juveniles?

Crime declined

civil lawsuit

a legal dispute between two or more parties

Criminal lawsuit

a lawsuit brought by the state against a person who has broken a criminal law.

Why are a lot of civil lawsuits settled before trial?

allows the parties to control the outcome of the case