Keith Mack
Breaking the law is something that few people ever intend to do, but sometimes you may not even be aware that you're doing something illegal. If someone breaks the law, they will be arrested by police and there may be a trial. At the trial, the defendant is presumed innocent and the prosecutor must prove guilt beyond a reasonable doubt. If the defendant is found guilty, they will be convicted and sentenced. The sentence may be a fine, incarceration, probation, or, in some states, the death penalty.
| Characteristics | Values |
|---|---|
| If someone is found guilty | They are convicted and sentenced |
| Who hands out the sentence | Usually the trial judge, but sometimes the jury |
| What the sentence may be | A fine, incarceration, probation, or, in some states, the death penalty |
| If there is a trial | The Constitution guarantees every defendant certain rights |
| Rights of the defendant | 1) The defendant is presumed innocent, 2) The prosecutor must prove guilt beyond a reasonable doubt, 3) The defendant has the right not to take the stand, 4) Evidence obtained through unconstitutional police procedures is excluded, 5) Incriminating statements of defendants are allowed |
| If the defendant is found not guilty | They are acquitted |
| If you are unsure of the law | Look it up before you engage in anything that could get you in trouble |
Explore related products
What You'll Learn
Minors and the law
If you see someone breaking the law, you may want to report it to the police. If you are unsure whether something is illegal, you can look it up.
The age of majority varies by country and region. In England, Wales, and Northern Ireland, the age of majority is 18, while in Scotland it is 16. In Thailand, a minor is a person under 20, and in South Korea, a person under 19. In New Zealand, the age of majority is 20, but most of the rights of adulthood are assumed at lower ages. In Canada, the age of majority varies by province, with some setting it at 18 and others at 19.
Minors have rights under the U.S. Constitution, including the right to equal protection and due process. This means that every child is entitled to the same treatment by authorities, regardless of race, gender, disability, or religion. They are also entitled to notice and a hearing before any of their basic rights are taken away by the government. In the criminal justice system, older minors receive more autonomy than younger minors. In some cases, minors may be tried as adults for particularly serious offenses, but the death penalty for minors was discontinued in 2005.
Employee Break Laws in Pennsylvania: Your Rights Explained
You may want to see also
Explore related products
Criminal trials
If someone breaks the law, they may be arrested by the police and put on trial. In the federal system and in some states, a grand jury decides whether or not 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. In states that don't use grand juries, an information will be issued by the prosecutor.
At trial, the Constitution guarantees every defendant certain rights. With serious crimes, there is the right to be tried before a jury; the defendant can also waive this right and have a judge decide the verdict. The following also applies to all jury trials: 1) the defendant is presumed innocent, 2) the prosecutor must prove guilt beyond a reasonable doubt, 3) the defendant has the right not to take the stand, 4) evidence obtained through unconstitutional police procedures is excluded, and 5) incriminating statements of defendants are allowed. If the defendant is found not guilty, they are acquitted. If they are found guilty, they are convicted and then sentenced. Usually, the trial judge hands out the sentence, but sometimes the jury does. The sentence may be a fine, incarceration, probation, or, in some states, the death penalty.
Michigan's Circuit Breaker and Homestead: What's the Difference?
You may want to see also
Explore related products
Grand juries
If someone breaks the law, they are arrested by the police and there may be a trial. In the federal system and in some states, a grand jury decides whether or not there is enough evidence for a trial. A grand jury is a group of people who are randomly selected from the community to decide whether or not there is enough evidence to charge someone with a crime and take them to trial. The grand jury will hear evidence from the prosecution and may hear testimony from witnesses. If the grand jury finds that there is enough evidence to support the charges, they will return an indictment, which is a formal accusation that the person has committed a crime. This indictment is what takes the case to trial.
The role of the grand jury is to protect the rights of the accused by ensuring that there is enough evidence to support the charges before the case goes to trial. This is important because it helps to prevent innocent people from being wrongfully convicted of crimes they did not commit. It also helps to ensure that the prosecution has done its job in gathering enough evidence to support the charges.
In some cases, the grand jury may also be asked to decide on the severity of the charges. For example, in a murder case, the grand jury may be asked to decide whether the charges should be first-degree murder, second-degree murder, or manslaughter. The grand jury will consider the evidence and the testimony of witnesses to make this decision.
It is important to note that the grand jury is not the same as a trial jury. A trial jury is empaneled to hear the evidence presented by both the prosecution and the defence during a trial and to decide on the verdict. On the other hand, a grand jury only decides whether or not there is enough evidence for a trial to take place. If the grand jury decides that there is not enough evidence, the charges may be dropped, and the case will not go to trial.
Migration and Jim Crow: Breaking Laws, Changing History
You may want to see also
Explore related products
Federal vs state law
If you witness someone breaking the law, it's important to know your rights and responsibilities. In the US, laws and their enforcement vary by state and municipality, so it's important to be aware of the rules where you live or work and look them up before you engage in anything that could be illegal.
If someone is arrested by the police for a serious crime, there may be a trial. In the federal system and in some states, a grand jury decides whether there is enough evidence for a trial. If there is enough evidence, the person is indicted. If there isn't enough evidence, the charges are dropped. In states without grand juries, the prosecutor issues an information.
At trial, the Constitution guarantees the defendant certain rights. With serious crimes, there is the right to be tried before a jury, but the defendant can waive this right and have a judge decide the verdict. The following also applies to all jury trials:
- The defendant is presumed innocent
- The prosecutor must prove guilt beyond a reasonable doubt
- The defendant has the right not to take the stand
- Evidence obtained through unconstitutional police procedures is excluded
- Incriminating statements of defendants are allowed
If the defendant is found not guilty, they are acquitted. If they are found guilty, they are convicted and sentenced. The sentence may be a fine, incarceration, probation, or, in some states, the death penalty.
Federal law is created at the national level and applies to the entire nation (all 50 states and the District of Columbia), as well as US territories. The US Constitution forms the basis for federal law and establishes government power and responsibility. Federal law is more powerful than state or local laws, as guaranteed by the Supremacy Clause of the Constitution. If state and federal laws are in explicit conflict, the federal law prevails. For example, if a state has legalised the possession of marijuana, but federal law prohibits it, no state resident can possess marijuana. However, if a state law affords a person more rights than federal law, the state law prevails within that state. For example, if same-sex marriage is allowed by a state but not recognised by federal law, the state law prevails since it gives its residents more civil rights.
Trump, Kellyanne, and Ivanka: Who Broke the Law?
You may want to see also
Explore related products
$94.71 $119.99
Juvenile institutions
When someone breaks the law, they may be arrested by the police and a trial will follow. In the federal system and in some states, a grand jury decides whether or not 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. In states that don't use grand juries, an information will be issued by the prosecutor. The defendant has the right to be tried before a jury, but they can waive this right and have a judge decide the verdict. The defendant is presumed innocent, and the prosecutor must prove guilt beyond a reasonable doubt. If the defendant is found not guilty, they are acquitted. If they are found guilty, they are convicted and sentenced. The sentence may be a fine, incarceration, probation, or, in some states, the death penalty.
If the person who breaks the law is a minor (under 18), they are referred to as a 'juvenile'. The process and consequences are typically different than when an adult breaks the law. After an arrest, the officer will decide if the juvenile should be released to a parent or taken to a juvenile detention facility. The decision to take the juvenile to a detention facility is less common and based on the seriousness of the charges, criminal history, and whether the accused is thought to be a safety risk to the community. If a juvenile does go to a detention centre, a detention hearing will quickly follow to determine if they should be released home or remain in detention. In some cases, a juvenile can be tried in adult criminal court. The prosecuting attorney may request juvenile court to 'decline' its jurisdiction over the accused juvenile. The judge makes the determination after hearing arguments from both the prosecutor and defence attorney. Factors that drive this decision include the seriousness of the crime, criminal history of the juvenile, and age of the juvenile being accused. If the juvenile is 16 or older and the crime committed was a felony violent crime, the juvenile court jurisdiction will automatically decline and the juvenile will be tried as an adult in Superior Court.
Juvenile court is a division of the Superior Court, established by law to deal with juvenile offenders. Juvenile court takes into account the seriousness of the offence as well as the offender’s history of prior offences in determining a sentence. Some of the purposes of juvenile court include accountability for young people, rehabilitation, and in some cases ensuring the safety of the community. Juvenile court may consider an alternative to formal court proceedings called a 'youth diversion program'. This may be indicated for a juvenile who is a first-time offender or if the statute violation is less serious. In diversion, the goal is not to determine guilty versus not guilty. The juvenile and parent meet with the diversion program to determine an appropriate agreement. The agreement may include consequences such as restitution, curfew, fines, educational classes, counselling, or community service.
Convictions on a juvenile record can come back to affect their future in significant ways. A conviction is public record in Washington State and can affect employability, college applications, or other life factors for decades after the juvenile offence occurs.
Clinton's Impeachment: What Laws Were Broken?
You may want to see also
Frequently asked questions
If someone is found guilty of breaking the law, they will be convicted and sentenced. The sentence may be a fine, incarceration, probation, or, in some states, the death penalty.
If an adult commits a serious crime and is arrested by the police, there may be a trial. In the federal system and in some states, a grand jury decides whether there is enough evidence for a trial. If there is enough evidence, the person is indicted. If not, the charges are dropped.
The Constitution guarantees every defendant certain rights. With serious crimes, there is the right to be tried before a jury; the defendant can also waive this right and have a judge decide the verdict. The defendant is presumed innocent, and the prosecutor must prove guilt beyond a reasonable doubt. The defendant has the right not to take the stand, and evidence obtained through unconstitutional police procedures is excluded.
If the defendant is found not guilty, they are acquitted.
![Hyperdrama[2 LP]](https://m.media-amazon.com/images/I/71iFNbV3vtL._AC_UY218_.jpg)
