kyc instructors - Ketchikan Youth Court

KYC Instructors
Trevor Stephens
Superior Court Judge
415 Main Street
Fourth Floor
Ketchikan, AK 99901
Phone: 907-225-3195
Diane Thoben, Esquire
Public Defender Agency
415 Main Street
Second Floor
Ketchikan, AK 99901
Phone: 907 228-8950
James Scott, Esquire
District Attorney's Office
415 Main Street
Third Floor
Ketchikan, AK 99901
Phone: 907 225-6128
Other Guest Lecturers appear periodically.
Online References
Alaska State Statutes
http://www.legis.state.ak.us/folhome.htm
Ketchikan Municipal Code (Ordinances)
http://www.city.ketchikan.ak.us/departments/clerk/municip
al.html
Staff
Glenn J. Brown, Esq.
Executive Director
Work: 907-225-2293
Mobile: 267 303-4630
Email: ktnyouthcourt@gmail.com
Austin Otos
Youth Assistant
Work: 907-225-2293
Email: austin_otos@hotmail.com Week One 7
The Court System 8
Where Laws Come From 9
Adult Court 9
Juvenile System 10
Case Referrals 12
Figure: Criminal Procedure 14
Figure: Alaska Adult Trial Court System 15
Figure: KYC Court Process 16
Week Two 17
Roles of Prosecutor, Defense, and Judge 18
Juvenile Constitutional Rights 19
KYC Constitution 20
Ethics 22
Week Three 27
Prosecution Preparation 28
What is a Crime? 29
Elements of a Crime 30
Special Considerations 32
Preparing a Probable Cause Statement 33
What is Evidence? 33
Week Four 37
What/Who is a Defense Attorney? 38
Defense Preparation 38
Preparing the Defendant for Sentencing 40
How to Interview Your Client 43
The Fifth Amendment 45
Week Five 47
Diversity 48
Victim Impact 50
Interviewing and Preparing Witnesses 52
Putting a Witness on the Stand 53
Objections 58
Exercises 59
Week Six 63
Overview of the Sentencing Hearing 64
Sentencing Options 64
How to Determine Community Work Service Hours 65
Aggravating and Mitigating Factors 68
How to Deliver a Sentencing Recommendation 70
Exercises 73
Week Seven 79
KYC Mock Arraignment and Sentencing 80
Ketchikan Youth Court Rules of Conduct 81
Code of Judicial Conduct 90
Example Documents 93
Glossary 113
The Court System
Where Laws Come From
Adult Court
Juvenile System
Case Referrals The Court System
The United States CONSTITUTION1 established three branches of government. The first branch of government is the LEGISLATIVE BRANCH. The
legislature, or Congress, is made up of the Senate and the House of
Representatives. This branch of the government makes the laws. The second branch of government is the EXECUTIVE BRANCH, which includes
the President (or on a state level, the Governor), his cabinet and many
government agencies. The executive branch of government enforces the
laws through the federal marshals, the FBI, officers and park rangers,
the ATF and other such entities. In Alaska, the executive branch
enforces the laws through the state troopers, the city and borough police
forces, the village public safety officers, the university campus police
and the state fish and game officers. The JUDICIAL BRANCH of government is the third branch. The U.S.
Constitution established a national court system called the federal
court. There are three main levels of courts in the federal court
system: the District Court or trial court, the COURT OF APPEALS, and the
U.S. SUPREME COURT. There are other federal courts, but they are not
important for Youth Court. Each level of court has a specific function. The trial courts hear the
cases, with the JURY deciding the questions of fact and the JUDGE
deciding questions of law (how the law is to be applied). If one side in a case does not agree with a judge's interpretation of the
law, that side can APPEAL to the Court of Appeals at the end of the case
(or in the middle under some special circumstances.) The Court of
Appeals, which is usually a panel of three judges, will decide whether
the trial court judge properly ruled on a question of law. If one of the case participants is still not satisfied, s/he can appeal
to the U.S. Supreme Court. However, the U.S. Supreme Court does not have
to take every case appealed. It generally chooses to take only those
cases in which the ruling will affect a large number of people or will
settle new or important legal questions. Federal courts deal with federal cases. A federal court will deal with
CRIMINAL LAW and accept criminal cases in which the defendant broke a
federal law. For example, criminal cases which the federal court would
hear are bank robbery, counterfeiting, or mail bombing. The federal
court also hears CIVIL LAW cases which deal with federal laws, a
violation of the U.S. Constitution, or in which two people have a dispute
and are from different states. Federal judges are appointed by the President and confirmed by the
Senate. Once a federal judge has been confirmed, s/he holds that
position until s/he retires or is impeached. Federal judges are not
elected. In addition to the national court system, each state has its own court
system to hear state cases. The two court systems usually operate
independently of each other. The Alaska court system is made up of two
different types of trial courts: the District Court, which hears minor
cases and the Superior Court, which hears more serious cases. The appeal
goes to either the Alaska Court of Appeals or directly to the Alaska
SUPREME COURT, depending on whether the case is civil or criminal.
Criminal cases first go to the Court of Appeals and then, just like the
federal system, may be accepted by the Alaska Supreme Court. Civil cases
are appealed directly to the Supreme Court. The Alaska Constitution sets the guidelines for selecting judges in
Alaska. Alaska's state court judges are appointed by the Governor of
Alaska. However, after the judge has been in office a period of time,
the judge must be "retained" by a vote of the people. Thereafter, judges
on the Supreme Court, Court of Appeals, Superior Court or District Court
are voted on every few years. The Alaska state courts deal with both civil and criminal cases. Civil
cases include lawsuits over money. It is possible for one set of facts
to result in both a criminal case and a civil case. For example: If D
drinks alcohol and then drives his car, ending up crashing into P's
parked car, the State can prosecute D for driving while intoxicated.
Also, P can sue D for the money to fix P's car. Criminal cases include
any violation of a law, whether it is a small crime, like shoplifting, or
a major crime, like murder. Where Laws Come From
The United States Constitution is the basic framework for the federal
government. The U.S. Constitution provides our basic rights. Many of
our rights are explicitly outlined in the BILL OF RIGHTS made up of a
series of AMENDMENTS to our constitution. No state constitution or any
law made by a federal or state legislature can take away those rights.
If a state constitution or a law conflicts with the U.S. Constitution,
the court will interpret the law in favor of the U.S. Constitution. Each state has its own constitution which sets the framework for the
state's government. No state or federal law can take away the rights
given to a person by a state constitution. A state constitution may give
more rights than the U.S. Constitution, but a state constitution may not
take away any right given to a person by the U.S. Constitution. United States STATUTES, or LAWS, are passed by the Congress and signed
into law by the President. An example of a federal law is the law
against counterfeiting money. State laws are passed by the state
legislature and signed into law by the governor. An example of a state
law is the law against shoplifting. Further, each city has its own laws.
In Ketchikan, the City Council, made up of seven council members and one
mayor, passes "ordinances." An example of a local city ordinance is the
curfew law. The laws and Ketchikan City ordinances are written in books
and can be looked up in a library. Ketchikan Municipal Code (Ordinances) may be found at: www. city.ketchikan.ak.us/department/clerks/municipal/.htm Alaska State Statutes may be found at: www.legis.state.ak.us/folhome.htm Adult Court