Statistical Analysis Center
Minnesota's Justice System
Criminal Justice System
Flowchart of criminal justice system
This is a general overview of the steps in Minnesota's criminal
justice system.
Age
In Minnesota, individuals can be arrested as adults if they were
age 18 or older at the time the offense occurred.
Arrest
The process begins with the commission of a crime. If a police
officer witnesses a crime, a suspect may be arrested at the crime
scene. Police also may respond to a call or discover a crime scene
at which there is no suspect to immediately arrest; in these cases,
an investigation takes place. Evidence collected by the police is
taken to the prosecuting attorney, who may request that a warrant
be issued for the arrest of the suspect.
Courts
Once the suspect is in custody, the police take the case to the
prosecuting attorney. The prosecuting attorney may formally charge
the suspect by filing a complaint in criminal court. The suspect
is then taken before a judge for arraignment - a formal hearing
in which the suspect is informed of the charges being brought against
him or her. At the arraignment, the judge determines if the suspect
is eligible for a public defender - if the suspect cannot afford
legal representation - and, if so, the chief public defender assigns
a defense attorney. The suspect then enters a plea. If the suspect
pleads guilty, there is no trial and the individual is held for
sentencing.
A trial occurs if the suspect pleads not guilty. The suspect may
choose to have either a judge or a jury decide the case. The suspect,
who is now called the defendant, may be found guilty or acquitted
of the crime. If the defendant is found guilty, the individual will
be held for sentencing. In Minnesota, sentencing takes place at
a separate hearing following the trial.
Corrections
At the sentencing hearing, the judge is solely responsible for
determining the sentence. The sentence may include incarceration,
probation or community service, or a combination of these.
Minnesota has developed sentencing guidelines that apply to offenders
convicted of a felony - the most serious offense level for which
a sentence of incarceration of more than one year may be imposed.
The guidelines help judges determine appropriate sentencing for
offenders. A Sentencing Guidelines Commission of the Minnesota Legislature
develops the sentencing guidelines to ensure that offenders with
similar crimes and criminal histories receive similar sentences.
The more severe the crime and the longer the criminal history, the
longer the sentence recommended by the guidelines.
Minnesota law requires that individuals convicted of murder, assault
or rape are incarcerated. For certain crimes, an individual may
receive a presumptive stay of sentence - a sentence the offender
does not need to fulfill as long as the individual completes a separate
sentence that was also issued. Judges may depart from these guidelines,
but they must explain the reason for doing so in writing.
Juvenile Justice System
Flowchart of juvenile justice system
In Minnesota, the juvenile justice system differs from the adult
criminal justice system in several ways, including some of the terminology
used.
For example, an adult is arrested by police, charged with a crime,
found guilty by a court, sentenced to an adult correctional facility
and incarcerated for a specified period of time.
A juvenile is apprehended by police, petitioned for an offense,
found to have committed an offense by a court, and receives a disposition
to be placed in a juvenile correctional facility.
This is a general overview of the steps in Minnesota's juvenile
justice system.
Age
Any individual apprehended as a juvenile must have been under age
18 at the time the offense occurred.
Apprehension
Most juveniles are apprehended by law enforcement. If the apprehended
juvenile was between ages 10 and 17 at the time of the offense,
the case is referred to the juvenile court and is considered a rehabilitative
or justice-related case. If the apprehended juvenile was under age
10 at the time of the offense, the case is sent to juvenile court
as a child in need of protection or services, which means it is
considered a social services-related case, generally involving the
juvenile`s mental and physical health. The juvenile court may be
in the juvenile's county of residence or the county where the offense
occurred.
Courts
Law enforcement officials refer the case to a probation officer
or to a county attorney, depending on the county's intake procedure.
After intake, if enough evidence exists to prosecute the case, the
county attorney files a petition with the juvenile court asking
it to make a finding of delinquency. This starts the formal court
processing of the case.
The court then sets a date for the arraignment, when the youth
appears before the court for the first time to answer the charges.
If the youth admits to the charges, the court can impose the disposition
- the conclusion of a juvenile case by the court and the subsequent
consequence - at that time or order a predisposition investigation
and set a date for the disposition hearing. If the youth denies
the charges, a trial date is set.
Most juvenile court trials are bench trials, where the judge is
the sole fact-finder. After the case is heard and if the petition
offense is proven, the judge finds the youth to be delinquent and
sets a date for the disposition hearing. If the petition is not
proven, the judge dismisses the case. At the disposition hearing
the judge decides the type of rehabilitation the juvenile will receive.
Note: Some juveniles may instead experience one of the following:
Certified as adult
The court may order that a juvenile who was age 14 or older at
the time of the offense and who is charged with a felony, be certified
as adult and tried in criminal, or adult, court. Juveniles convicted
of an offense in criminal court receive adult sentences. Juveniles
charged with first degree murder, which includes premeditated murder,
who were age 16 or 17 at the time of the offense, are required by
Minnesota Statutes to be certified as adults and sent to criminal
court, where they receive an adult sentence if they are found guilty
of the offense.
Extended Jurisdiction Juvenile
While some juveniles may be sent immediately to criminal court,
the prosecutor or the court may decide to try the case as an Extended
Jurisdiction Juvenile prosecution. Generally, the juvenile would
need to have been age 14 to 17 at the time of the offense and the
charge must be a felony level offense. EJJ cases essentially mean
that the juvenile is given a juvenile disposition and the adult
sentence is stayed - meaning the juvenile is first given the chance
to complete the terms of the juvenile disposition. If the juvenile
fails to complete the juvenile disposition, the adult sentence,
which may include incarceration in an adult correctional facility,
takes effect.
Corrections
Individuals may be committed to the commissioner of the Department
of Corrections. This means the juvenile is placed in a juvenile
correctional facility or put on probation - a process of surveillance
and supervision of offenders, which may follow incarceration. Probation
may include house arrest, face-to-face contacts with probation officers
and drug testing.
Other dispositions a juvenile may receive, but which may not include
commitment to the commissioner of corrections, include therapy,
foster home placement and drug treatment. There are roughly 100
dispositions a judge may use to fit the needs of a juvenile. Juveniles
may receive more than one disposition in court.
Juveniles completing the terms of the disposition are usually age
21 or younger, but in some cases may be up to age 26. In most cases
a record about an offense committed while a juvenile is not public
information.
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