III. The Connecticut Court System and Juvenile Justice
A. Recent History
Between 1959 and 1982, the Connecticut General Assembly passed a series of laws establishing the present state court system. It is called a unitary system because now there is only one set of courts which handles all trials-the Connecticut Superior Courts. Statutes which set up the present system have included:
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1. Elimination of municipal courts
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2. Elimination of Circuit Courts
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3. Elimination of Court of Common Pleas
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4. Elimination of separate Juvenile Court (replaced with Superior Court-Juvenile Matters)
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5. 1976 Court Reorganization Act completed the merger process- implemented on July 1, 1978
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6. Establishment of a state Appellate Court in 1982 replaced the Appellate Session of the Superior Court.
B. Present Court System
1. The Superior Court
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a. Geographical Organization
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(1) There are 12 Judicial Districts, each having Judicial District (JD) court.
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(2) There are 22 Geographical Area (GA) courts located within the Judicial Districts.
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b. Functional Organization/Administrative Divisions are responsible for handling the trials of particular categories of cases noted in the Judicial District and Geographical Area Courts
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(1) Civil Division
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(a) JD Courts
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Most Civil Trials
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Appeals from decisions of administrative agencies
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Appeals from decisions of Probate Court (given in a trial de novo or new trial)
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(b) GA Courts
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Small Claims
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Paternity & Support
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Landlord, tenant, evictions, damages
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(c) Housing Courts (located in Hartford, New Britain, New Haven, Fairfield, Waterbury and Stamford-Norwalk Judicial District only) Full time judges handling housing matters Power of inspection
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2. Criminal Division
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a) JD Courts (all trials for major felony offenses
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(b) GA Courts
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All arraignments
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Trials for misdemeanors and lesser felonies
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Motor Vehicle violations
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People you will see in Criminal Court
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Bail Bondsman
This is a private individual, not a court or public officer. When a judge sets the amount of bail, the accused person must post that amount of money with the court in order to go free until the date set for hearings or trial. The bail bondsman provides sufficient funds for bail if the accused person gives him a certain percentage of the bail required (usually 10 percent). The bail bondsman signs a bond with the court as security that the defendant will appear in court when required. If the defendant fails to come to court on the date set, the bail bondsman must give the court the entire amount of money set for the bond.
Bail Commissioner
He is the public official in the courtroom who recommends to the judge the amount of bail to be set for each defendant.
Clerk
The officer of the court whose primary duty maintain court records. He or she also administers oaths. Court clerks are appointed by the judges.
Court Monitor
The court may have either a monitor or reporter. The monitor is the official who makes a trial record or transcript, by using a tape recorder.
Court Reporter
The court reporter is the court official who sits directly in front of the judge’s bench. Using a special typewriter, the reporter takes down every word said during a trial. This becomes the official record or transcript.
Defendant
This is the individual accused of committing the crime. He or she may present a defense either with the assistance of an attorney or by themselves. The defendant may or may not testify on his or her own behalf and may or may not waive rights as outlined by the judge. The defendant is always considered innocent until proven guilty beyond a reasonable doubt. A defendant may not be forced to testify against him/herself(Amendment V to the U.S. Constitution).
Defense Counsel
This is the lawyer representing the defendant. His or her responsibility is to present evidence and arguments on behalf of the defendant so that the state does not convince the judge or jury beyond a reasonable doubt that the defendant committed the acts as charged. The lawyer may be either a private attorney hired by the defendant to help in the trial or may be a public defender. A public defender is an attorney appointed by the judge and paid by the state to assist a defendant who does not have enough money to hire a private attorney. Every person charged with a crime has the constitutional right to the advice of an attorney (Amendment VI of the U.S. Constitution).
Judge
An elected or appointed official with the authority to hear and decide cases in a court of law. Judges preside over preliminary hearings and trials. Superior court judges in Connecticut are appointed for eight year terms by the governor and are confirmed by both the House of Representatives and the Senate.
Jury
A specific number of people selected through the “voir dire” process described as prescribed by law to render a verdict in a criminal or civil trial. Most jury trials use six jurors; however, twelve jurors are used in the most serious cases. One or two alternate jurors must also listen to the entire trial in case one or two of the regular jurors must be excused. Members of a panel of jurors are called veniremen.
Probation Officer
The probation officer provides information for PSI and other investigations made before sentencing at the time of the disposition of the case.
Prosecutor
Representing the state, this attorney presents evidence in order to prove beyond a reasonable doubt that the defendant committed the crime as charged. In Connecticut, the prosecutors are called state’s attorneys, assistant state’s attorneys or deputy assistant state’s attorneys.
Sheriff
The officer who maintains order and decorum in the courtroom and is responsible for all of the prisoners in the courthouse.
Witness
A person who testifies before a court under oath to facts and evidence relevant to the alleged crime. Witnesses may be summoned into court by the prosecutor or the defense counsel (through a court order or subpoena, which legally requires them to appear.) They are subject to direct examination and to cross-examination by the attorneys. The right to subpoena witnesses in protected in Amendment VI of the U.S. Constitution.
Under the juvenile justice system young people under the age of 18 are really labeled youthful offenders.
There are three Juvenile Courts in the state of Connecticut. They are located in New Haven, Bridgeport, and Hartford. Juvenile court is held in the same building where the youthful offenders are being held.
There are several degrees of crimes youths can and do commit. A misdemeanor is not considered as serious as some other crimes. Under a misdemeanor infraction the offender is not always fingerprinted and photographed and there is no arrest. They are known as referrals. All records of the proceedings are kept in-house.
There is also a pre-delinquent, a youth destined for trouble. Notable signs are changes in their behavior patters or choice of friends. This is the youth’s first or second offense and there is no court record. These proceedings are kept in juvenile services and scare tactics are used and the information is kept confidential. However, records of juvenile crimes and misdemeanors are kept on file until age sixteen. After that the record is dormant. When youthful offenders turn eighteen their records become permanent. The punishment depends on the severity of the crime, the law and the offender’s record.
The Superior Court - Juvenile Matters, formerly known as the juvenile court, has jurisdiction over the following matters, just to name a few. More serious crimes are beyond the jurisdiction of this court, and are adjudicated in the adult courts. Some of the minor offenses would be: a child who has run away from home, one whose behavior is beyond control of their parent or legal guardian, a youth who has engaged in indecent or immoral conduct, truancy, or defiance of school rules. Serious juvenile offenses include: murder, arson, assault, kidnapping, larceny, possession of firearms, prostitution, and running away from a center where one has been placed for detention for serious offenses. Due to changing laws and society some offenses have been omitted from the serious list such as the narcotic charges and some weapon charges, and some of those on the serious list also carry degrees ranging from 1st to 3rd depending upon the nature of intent, bodily injury, theft, or property damage, etc.
There are support services for youthful offenders and their families. These services include agencies such as D.C.F., Department of Children Families, 4-C’s - Coordinating Council Children in Crisis, Yale Child Study, Social Workers and Juvenile Probation Humanity Service.