How the Criminal Justice System Works

Juvenile System

Offense Reported

• Child sexual abuse is reported to the Department of Human Services and/or a local law enforcement agency
• Investigation is conducted by law enforcement agency and Department of Human Services team
• Interagency Team reviews the case

Arrest-Protective Custody

• Accussed youth lodged in Juvenile Detention Facility
• Juvenile Intake Counselor is assigned

District Attorney

• Determines appropriate charges to file
• If Measure 11 applies, youth will be lodged in Jail
• If you remains in Juvenile System, he/she may be conditionally released

Juvenile Court

• Detention Hearing, if youth is still in detention, to determine if he/she remains there
• Arraignment, youth is formally informed of the charges against him/her and his/her rights
• Adjudication, plea agreement or non jury trial in front of a Judge
• Sex offender registration required at this point
• Disposition, similar to sentencing hearing in adult court

Juvenile Probation

• Juvenile Probation Counselor/Office assigned
• Community based supervision
• Local sex offender treatment
• Notification to school officials

Oregon Youth Authority Placement

• If community based supervision is not appropriate; OR
• If youth fails in community based programs
• Possibility of foster care, residential group home, or youth correctional facility
• After out-of-home care, youth may be paroled back to community based programs

Termination of Probation

• Upon successfully completing treatment and court ordered conditions
• When incarceration time has been served or age limits reached

Adult System

Initial Report to Law Enforcement

• The law enforcement agency whose jurisdiction includes the location of the crime will take an initial report.
• Depending on the size of the agency, the initial responding officer may investigate the case or refer it to a detective for immediate response or future follow-up.

Investigation

• Investigations can last several days to many months, and sometimes even years.
• Detectives conduct extensive interviews with the victim, suspect and any available witnesses, collect and assess evidence and determine whether or not the evidence meets the elements of a crime.
• Cases are forwarded to the District Attorney’s office for charging (at the discretion of law enforcement).
• If the case is NOT forwarded it will be closed unless further evidence is revealed.

District Attorney’s Office

• A District Attorney or Deputy DA (prosecutor) will decide whether or not to issue charges or dismiss the case.
• If charges are issued, the case is presented to Grand Jury.

Grand Jury

• The prosecutor presents the case to seven grand jury members (citizens) who decide whether to indicte the suspect on any or all of the charges presented by the prosecutor.
• If the grand jury decides not to indict, then the charges are dismissed.
• If the grand jury decides to indict on one or more of the charges, then an arraignment is scheduled.

Arraignment

• At the arraignment, the defendant places a plea.
• If the defendant pleads guilty then he/she is sentenced to prison, jail or community supervision.
• If the defendant pleads not guilty the the case may either be plea bargained or go to trial.

Plea Bargain

• The defendant and the prosecutor work out a multally satisfactory disposition of the case, subject to court approval.
• This most likely results in the defendant being sentenced to prison, jail or community supervision.

Trial

• A judge and jury hear the facts of the case and make a decision regarding the defendant's innocence or guilt.
• If found guilty, the defendant is sentenced to prison, jail or community supervision.

Post-Prison Supervision, Treatment, Sex Offender Registration

• At the time of release, if determined by the Board of Parole and Post-Prison Supervision, the offender may be required to participate in post-prison supervision and/or treatment, and may also be required to register as a sex offender.