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Breaking the law can have various consequences depending on the nature of the crime and the jurisdiction in which it was committed. While some acts, such as murder, are universally understood as illegal, there are also unclear laws that may confuse citizens. In most legal systems, ignorance of the law is not considered a valid excuse, and individuals may be charged and prosecuted even if they were unaware of the specific law they were breaking. When minors break the law, they usually appear in juvenile court, where a judge hears the evidence and decides on an appropriate course of action, which may include probation, foster care, or juvenile detention. Adults who commit serious crimes may face trial, and if found guilty, can be sentenced to fines, incarceration, probation, or even the death penalty in some jurisdictions.
Characteristics | Values |
---|---|
Ignorance of the law | Not a permissible legal defense |
Unclear laws | Decided in court |
Prosecution | Depends on the DA |
Minors | Usually appear in juvenile court |
Minors denying the crime | Represented by a lawyer at an adjudicatory hearing |
Minors admitting to the crime | Put on probation, placed in a foster home, or sent to a juvenile institution |
Adults | May be arrested and tried |
Adults found not guilty | Acquitted |
Adults found guilty | Convicted and sentenced |
What You'll Learn
What happens if you are unaware of the law you are breaking?
In general, ignorance of the law is not a valid defence if you break it. However, there are exceptions to this rule. For example, certain crimes require, as an element, that the defendant had a certain mental state in order to be convicted. If a crime requires that the defendant knew that they were in violation of the law at the time of the offence, and the defendant did not know that their conduct was unlawful, the necessary mental state does not exist. In this limited circumstance, ignorance of the law would be a complete defence because an element of the offence cannot be proven.
In the US, the Supreme Court has explained the constitutional doctrine of "fair notice", which holds that a criminal law "must give warning of the conduct it makes a crime". Traditionally, this requirement was satisfied if (1) the prohibited act was inherently wrongful, such as murder, arson, theft, robbery, or rape, or (2) an individual did something that they knew was illegal, even if it was not inherently wrongful.
However, in recent years, federal, state, and local laws that do not meet either of these requirements but still carry criminal penalties have become more common. As a result, ordinary citizens can be victimised by laws supposedly designed to protect them. For example, last year, a 46-year-old resident of Ocean Beach, California, was charged with "defacement, damage and destruction" of public property for trimming shrubbery next to his home. In another case, a 17-year-old from Cobb County, Georgia, was charged with a felony for bringing weapons into a school zone; the "weapons" were fishing knives in a tackle box in his truck.
While ignorance of the law is generally not an acceptable defence, there may be limited circumstances where it can be argued. If you have been charged with a crime and believe that ignorance of the law may be a defence, it is important to consult with a legal professional to understand your specific situation and explore any potential defences that may be applicable.
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What happens if you are a minor?
In the United States, a "juvenile" is typically defined as a person under the age of 18. When a minor breaks the law, they usually appear in juvenile court, which is a division of the Superior Court established to deal with juvenile offenders. The process and consequences are generally different from those of the adult court system, with penalties that are less extreme due to the young age and level of development of the defendant.
After an arrest, an officer will decide whether the juvenile should be released to a parent or taken to a juvenile detention facility. This decision is based on the seriousness of the charges, the criminal history of the juvenile, and whether the accused poses a safety risk to the community. If the juvenile is taken to a detention center, a detention hearing will be held to determine if they should be released home or remain in detention.
In juvenile court, the outcome of the trial depends more on what is best for the teenager than on the crime itself. The judge hears the evidence and decides whether there is enough evidence to prove that the child has broken the law. If the child admits to the crime, the judge may put the child on probation, place them in a foster home, or, in serious cases, send them to a juvenile institution. If the child denies the crime, an adjudicatory hearing, similar to a criminal trial, is held, where the child is represented by a lawyer. If the judge determines there is sufficient evidence, a second hearing is arranged to decide on a sentence.
Some common juvenile criminal offenses include shoplifting, theft, burglary, vandalism, minor in possession (MIP) and minor DUI, possession of a controlled substance, and unlawful possession of a weapon. The severity of the crime and the number of times the child has committed it can influence the outcome of the trial. In severe cases, a minor may be tried as an adult in Superior Court if they are 16 or older and have committed a felony violent crime.
It is important to note that criminal laws and procedures vary from state to state. For example, in North Carolina and New York, 16 and 17-year-olds are treated as adults in the criminal justice system, regardless of their alleged offense. As such, minors in these states are subject to adult prisons or jails and the same punishments as adult offenders.
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What happens if you are an adult?
If you are an adult and are accused of breaking the law, the consequences are more severe than for minors. The process begins with an arrest by the police, and depending on the crime, there may be a trial. In the US federal system and some states, a grand jury decides whether there is enough evidence for a trial. If there is sufficient evidence, the person is indicted, and if not, the charges are dropped. In states without grand juries, the prosecutor issues an "information", which is a formal accusation.
Once the indictment or information has been filed, the defendant is arraigned and pleads guilty or not guilty. If the defendant pleads not guilty, the case proceeds to trial, where they are presumed innocent, and the prosecutor must prove guilt beyond a reasonable doubt. The defendant also has the right to not take the stand and exclude evidence obtained through unconstitutional police procedures. If found not guilty, the defendant is acquitted, but if found guilty, they are convicted and sentenced. The sentence may include a fine, incarceration, probation, or, in some US states, the death penalty.
It is important to note that criminal laws and procedures vary across US states, and most crimes committed are state crimes. Additionally, the age of majority, or legal adulthood, is typically 18 years, but this can differ based on specific legal issues and state laws. For example, in Michigan, a person is considered an adult for criminal law purposes at 17 years old and can be tried as an adult.
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What happens if you plead guilty?
Pleading guilty to a crime is a serious legal decision that has far-reaching implications and should be done only after consulting with an experienced criminal defence attorney. It is a legal admission of guilt and an acceptance of responsibility for the alleged offence. It removes the possibility of a criminal trial, and a plea bargain often gives the defendant the chance to receive a lesser sentence or have certain charges reduced or dismissed.
If you plead guilty, you admit guilt. You will be sentenced—the judge will typically accept a plea bargain agreed to by the prosecution and the defence, but occasionally people will plead guilty without one, and in those cases, the judge will often impose a somewhat lighter sentence than if you plead not guilty.
Before accepting a guilty plea, the court ensures that the defendant understands the consequences. This includes potential penalties such as fines, probation, imprisonment, and other legal ramifications. In federal courts, defendants who want to plead guilty must testify under oath to facts establishing their guilt. Moreover, before accepting guilty pleas, judges must be sure that defendants are aware of the rights they are giving up, including the right to counsel if unrepresented, the right to a jury trial, the right not to incriminate themselves, and the right to confront and cross-examine their accusers.
In many cases, a guilty plea is part of a negotiated plea deal between the prosecution and defence. The defendant may agree to plead guilty to a lesser charge or in exchange for a more lenient sentence. After entering a guilty plea, the court schedules a sentencing hearing. During this hearing, the judge determines the appropriate punishment based on the nature of the offence, the defendant's criminal history, and other relevant factors.
A guilty plea results in a criminal conviction, and the offence becomes part of the defendant's permanent record. This can impact future employment, housing, and other aspects of life. For non-US citizens, a guilty plea can have severe immigration consequences, including deportation or the denial of future visa applications.
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What happens if you are found guilty?
If a person is found guilty of breaking the law, the judicial system decides how they should be punished. In the United States, several laws protect the rights of those accused of committing a crime. A person is considered innocent until proven guilty in a court of law. The accused may be temporarily released on bail or kept in a local jail while awaiting trial. Trials are usually held before a judge and a jury of 12 citizens. The government presents its case through a district attorney, and another district attorney defends the accused. If the defendant is judged innocent, they are released. However, if they are found guilty of committing a crime, the judge decides the punishment or sentence, which may include a fine, damages, or imprisonment.
In some cases, jury nullification can occur, where a jury gives a verdict of not guilty even though they believe the defendant has broken the law. This can happen due to a belief that the law is unjust, the punishment is too harsh, or general frustrations with the criminal justice system. While jury nullification is not an official part of criminal procedure, it is a logical consequence of the rules governing the system. Jurors cannot be punished for passing an incorrect verdict, and in many jurisdictions, a defendant acquitted by jury nullification cannot be retried for the same offense.
The process for minors, or people under 18, is slightly different. When minors break the law, they usually appear in juvenile court, where a judge hears the evidence and decides if there is enough proof of the crime. Depending on the situation, the judge may put the minor on probation, place them in a foster home, or send them to a juvenile institution.
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Frequently asked questions
When a minor breaks the law, they usually appear in juvenile court. A judge hears the evidence and decides whether there is enough evidence to prove that the child has broken the law. If the child admits to the crime, the judge may put the child on probation, place the child in a foster home, or send them to a juvenile institution.
When an adult commits a serious crime and is arrested, there may be a trial. In some cases, a grand jury decides whether there is enough evidence for a trial. If there is enough evidence, the person is indicted. If there is not enough evidence, the charges are dropped. If the defendant pleads not guilty, the case goes to trial. If found guilty, the defendant is convicted and sentenced.
Ignorance of the law is not a permissible legal defense. However, officers use their judgment, and discretion is often used in unclear laws.
In the case of unclear laws, it is up to the court's discretion to interpret the law and determine any potential consequences.