Outline Of US Legal Sentences

Submitted By Rashel3
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Pages: 5

FINAL US LEGAL OUTLINES
Criminal Justice * Most criminal statutes have sentencing structures. Judges usually have considerable freedom in determining type, length, conditions * Suspended sentence- the sentence is given but does not have to be served at the time imposed; the defendant may have to serve the sentence if rearrested or breaks parole. * Probation- the defendant is released to the supervision of a probation officer, defendant has to meet certain conditions (job, drug free, cannot leave area) must report to probation officer regularly. * Home confinement- the defendant is sentenced to serve their term at home, can leave only for specific reasons (work, school) often electronically monitored * Fine- the defendant must pat the govt an amount of money set by court. * Restitution- defendant must pay victim back * Work release- defendant is allowed to work in community but required to return to prison at night/weekends. * Definite sentence- defendant is sentenced to term in jail some states required definite sentence and exact amount of time that must be spent in jail * Indeterminate sentence- some states give this, stated in min and max. * Sentencing- many factors; prior criminal record, best interest of society and criminal * Pre-sentence report- most states authorize presentence reports contains description of offense, past record, circumstances, employment background, education, medical info, recommendations for sentencing. * Retribution- societies revenge criminals should be punished * Deterrence- punishment will discourage criminal activity * Rehabilitation- helping a convicted person change their behavior so they can lead productive lives * Capital punishment (death penalty) history of capital punishment in us foes back to 1630 public protest gradually reduced capital punishment 15 states and DC have no capital punishment law including Massachusetts * Determining capital punishment requires 2 trials one to determine guilt and other to determine sentence. * Aggravating circumstances- factors that make the crime worse, particularly gruesome; prior convictions * Mitigating circumstances- factors that make the crime less severe; victim abused by defendant * Us and China most frequent users of death penalty

Juvenile Justice * Prior to the 20th century children who committed crimes were charges as adults * Law defined 14 as the age of adulthood for purpose of criminal responsibilities * Children under 7 were incapable of criminal intent * Parens Patria- state as parent juvenile has the right to be taken care of; if parent fails the state will step in * Juvenile justice is state based 51 juvenile justice systems; Massachusetts is a rehabilitative state * Status offenders cannot be imprisoned; juveniles cannot be detained in jails, when juveniles are held in jails they must be kept from the adult population. States are required to assess disproportionate minority confinement. * Parent responsibility laws- parents should be held responsible for the acts of their children some state parents can be tried for contributing to delinquency of minors. * Neglected or abused youth need court protection from parent/guardian * Intake: informal process in which it is decided whether a juvenile should be referred to juvenile court * Initial hearing: court must prove that offense was committed a reasonable cause to believe that accused committed the crime. * Juveniles do not have right to bail, court can release juvenile to parent or adult preventive detention can be required if protects the community of juvenile * Juvenile trials are called adjudicatory hearings * Juveniles do not have the same right to due process as adults; no bail, no right to jury, have right to lawyer * If the case is proved the finding is delinquent the sentence is referred to as disposition JUVENILE | ADULT |…