Teen Court Educational Night

South Dakota's Laws

100

South Dakota laws require students to attend school between what ages?

6-18, unless they have graduated. 

• This can be public, private, religious, or homeschooling.
• Truancy is any student’s absence that has not been excused by the guardian.
• Accumulating absences will lead to referral to the State’s Attorney’s Office.
• Parents can be charged with Class 2 misdemeanor.

200

What is theft?

• When someone takes over another’s property with the intent to take it.
• It is a Class 2 misdemeanor; 30 days in jail and/or $500 fine.

300

what is the difference between a misdemeanor and a felony?

-different classifications for crimes depending on how serious the crime is. 

-Misdemeanor:less serious offenses, less than a year in jail, community service and often lesser fines. EX: 1st DUI, shoplifting, vandalism, MIP

-felony: more serious crimes. Prison time involved (anywhere from a year to life). EX: murder, carjacking, robbery

The Justice System

100

Are jail and prison the same thing?

-No

• Jail- where people are taken when they get arrested. It is also where defendants are held while they wait for trial. If a defendant has been convicted and sentenced to less than a year, they will serve time in jail.
• Prison- long term facility that houses defendants convicted and sentenced to serve longer sentences (greater than a year).

200

what is restorative justice?

• A system of justice that focuses on rehabilitating the offender by reconciliation with their community and victim.
• Teen Court does this by keeping you engaged in your community through CAPS points, coming to the Club, and jury duty. Also, by writing an apology to your family you are apologizing to a victim of your actions, parents are often the most hurt.

300

What is a jury?

• A group of 12 local citizens called to decide the facts in a case. Then they have to sit through the trial then decide if a person is guilty or innocent.
• In teen court, the defendant is already guilty, so the jury just decides sentencing. However, the jury in a traditional trial does not decide sentencing. The judge decides sentencing based on guidelines in SDCL 22-6-1.

400

What does innocent until proven guilty mean?

• The presumption of innocence. Anyone arrested or charged with a crime is innocent until they have been proven to be guilty beyond a reasonable doubt.
• This means everyone has the right to a speedy, public trial. The State’s Attorney must prove that the defendant committed the crime. This is called due process, guaranteed by the Fifth and Fourteenth Amendments.

A criminal history

100

What is a criminal record/history?

A police record of a person's criminal history. 

By participating in Teen Court and successfully completing the program, your charge will be dropped from your criminal record.

200

Can anyone ask to see this?

-landlords, schools, and employers often ask about criminal records

key players

100

describe what police do

-protect citizens, respond to emergency calls, conduct investigations and interviews, and often testify in court

200

what is a defense attorney?

-Represents the defendant (person charged)

-tells the judge and jury their good qualities and why they did this

• When someone is charged with a crime (a defendant), the judge will determine if they qualify as indigent (can't afford to hire an attorney.
• If they do, the judge will appoint a defender to represent them. Often the defendant will have to reimburse the City a low rate for the attorney’s services.

300

Who is the state's attorney?

-Known as the prosecutor

-The person who actually files the charges in court against the defendant and represents the state of SD during trial. Will point out the defendant's bad qualities. 

400

What is a judge?

-An impartial official who's job is to apply the law to the case at hand. They listen to the trial, and determine the sentence based off of the jury's verdict. Some instances, the judge makes that decision as well.