Status Offender

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Status Offender

• 601 WI

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Acronyms

• CHINS
• MINS
• PINS
• YINS
• JINS

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Why status offenses?

• Distinguishes between criminal and special
  needs
• Contempt of Court provisions
• Force juveniles into receiving treatment

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Status Offenders
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Criminal Offenders
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Is Status Offense expensive?

• Truancy costs money
• Truants cause a dramatic increase in crime

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The cost of juvenile crime
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Stare Decisis
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Case Brief Format 1. Title of the case, including
citation. Exa People v. King Kong 1 C. 3rd 69
(2003). 2. Facts A. Procedural facts Who is
appealing, which court. Exa King Kong appeals,
court of appeals. (Note in most criminal cases,
it will be the defendant that appeals the
government can appeal very rarely because of
double jeopardy). B. Substantive facts what
happened in the case. Be brief here. Dont
state more information than you need. Exa King
Kong tumbled a building and killed three people.
King Kong was prosecuted for murder. King Kong
asked the trial court to set the murder charge
aside, because he is an ape. The trial court
failed to set the murder charge aside. King Kong
appeals. 3. Issue The question raised on appeal.
Every appeal has grounds. The court must question
the trial courts actions. The issue is the point
raised by the person appealing. Phrase your issue
as a question. Exa Should a trial court allow an
ape to be prosecuted for murder? 4. Holding A.
Substantive holding This is the answer to the
issue question, which also becomes the case law.
The substantive holding is the most important
part of the case briefit is what you are looking
for when reading the case. Exa A trial court
cannot allow an animal like an ape to be
prosecuted under a murder statute designed for
humans. B. Procedural holding What the court
does with the case, procedurally. The court has
three choices reverse, affirm, remand. Exa
Reversed, and remanded to the trial court for
dismissal of all charges. 5. Rationale Why the
court did what it did. The reasoning and policy
behind the courts decision. Courts usually
expound at length about why they reached a
particular holding, because they dont want to be
reversed on further appeal. Exa There are
statutes designed to protect and inhibit animals,
including apes. It is not legal to prosecute an
ape pursuant to a statute designed for the
prosecution of humans.