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FASCISM - Play by The Rules (For Connecticut Schoolchildren)
FASCISM - Play by The Rules (For Connecticut Schoolchildren)
FASCISM - Play by The Rules (For Connecticut Schoolchildren)
THE RULES
CONNECTICUT LAWS FOR YOUTH
Writers/Editors
Alabama Center for Law & Civic Education: Janice A. Bedford, Executive Director Ponya Parks, Associate Director Kerri J. Williamson, Programs Director N. DeWayne Pope, Attorney/Consultant Connecticut Consortium for Law & Citizenship Education: James Schmidt, Executive Director Beth DeLuco, Assistant Director Francis J. Carino, Supervisory Juvenile Prosecutor, Connecticut Chief State's Attorney Office
Printing
American Printing Company, Inc.
The Connecticut Consortium for Law & Citizenship Education, Inc., is a private, nonprofit association that promotes and conducts law-related education programs and projects in Connecticut's public and private schools, courtrooms and communities. Its goal is the incorporation of citizenship education into the curriculum of all schools, from kindergarten through high school. Established in 1976, the Consortium is cosponsored by the active participation of a number of private and public groups throughout the state.
The Alabama Center for Law & Civic Education is a 501(c)3 nonprofit corporation that has served since 1990 as a teacher training and resource center. It is dedicated to educating citizens by improving civic knowledge, civic skills and civic character. Play by the Rules was created and is directed by the Alabama Center for Law & Civic Education. This award-winning crime prevention model for teaching state-specific law to middle school students, teachers and parents is based on the Play by the Rules: Alabama Laws for Youth program. The development of this text was inspired by an Orange County, California Laws for Youth booklet. In 1993, the Alabama State Bar Young Lawyers Section provided initial research for an Alabama version, and since then many people have contributed to this project. The first edition of Play by the Rules: Alabama Laws for Youth was published in 2001. The Play by the Rules program was awarded a Byrne grant by the U.S. Department of Justice, Office of Justice Programs. The Play by the Rules National Project is a multi-year project to facilitate the expansion of Play by the Rules into other jurisdictions. Copyright text 2001-2008 by the Alabama Center for Law & Civic Education Copyright illustrations 2001-2008 by Glo Coalson All rights reserved. Reprinted with permission.
We are proud to be the spokesbirds for Play by the Rules. We, like many other birds, need to know the laws that protect us. We are just young birds living in a world where all birds do not live by the law. We want to teach everyone about the law and how they can be responsible citizens. You will find us throughout this book in our blue caps and sneakers trying to find answers to our many questions about Connecticut law. Bama Jack and the whole Play by the Rules Alabama team welcome Connie Robin and the State of Connecticut to the Play by the Rules national team. Connecticut is the first state to join the national team.
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Table of Contents
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .vi CHAPTER 1 RULE OF LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 COURT SYSTEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 COURTROOM ROLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 LEGAL RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 JUVENILE JUSTICE SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 JUVENILE COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 PROBATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 DEPARTMENT OF CHILDREN & FAMILIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 TRANSFERS & ALTERNATIVES IN JUVENILE COURT . . . . . . . . . . . . . . . . . . . . . . . . . .14 JUVENILE RECORD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 CRIMINAL OFFENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 CRIMES & CLASSIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 CRIMES AGAINST PERSONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 SEXUAL CRIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 CRIMES AGAINST PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 RESPECT FOR AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 ORDER & SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 WEAPONS, GUNS & FIREWORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 GUNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 FIREWORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 ALCOHOL & OTHER DRUGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 ALCOHOL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 TOBACCO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 OTHER DANGEROUS DRUGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 PARENT-CHILD RELATIONSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 PARENTS RESPONSIBILITIES & RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 PARENTS LIABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 MARRIAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 CHILD NEGLECT & ABUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35
CHAPTER 2
CHAPTER 3
CHAPTER 4
CHAPTER 5
CHAPTER 6
Table of Contents
CHAPTER 7 RECREATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 HUNTING & FISHING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 WATER SPORTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 SPORTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 CAMPING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 PARKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 PETS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 CURFEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 SCHOOL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 STUDENTS RESPONSIBILITIES & RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 PARENTS RESPONSIBILITIES & RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 SCHOOLS RESPONSIBILITIES & RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 TRUANCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 REMOVAL FROM CLASS, SUSPENSION & EXPULSION . . . . . . . . . . . . . . . . . . . . . . . . . . .44 TRANSPORTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 BICYCLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 SKATEBOARDS, ROLLER SKATES & SCOOTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 MOTOR VEHICLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 DRIVER'S LICENSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 HITCHHIKING & OTHER ROADSIDE RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 PEDESTRIANS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 WORK REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 PERMITTED & PROHIBITED WORK PLACES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 CIVIL RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 TORTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 CONTRACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59 TECHNOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 COMPUTERS & THE INTERNET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 INTERNET SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63 CELL PHONES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65
CHAPTER 8
CHAPTER 9
CHAPTER 10
CHAPTER 11
CHAPTER 12
Introduction
Its frustrating to get caught doing something you didnt know was wrong. Its also frustrating to get caught doing something you knew was wrong but didnt know how serious it was. In these 12 chapters you will find important answers about the law that everyone ought to have. The answers are informal summaries of the law, not the law as it is actually written. If you want to read further about the law, you may go to a law library in your community and look up the law in the codes that are listed in the box below. There you will see the law as it is actually written. The answers to some of the questions in this book do not make references to codes. This may be because the answers are part of common law or traditional ways of doing things or they may be merely good advice that you would be well advised to follow. Lawyers, judges, police officers and other legal professionals may be able to help you with your legal questions. Also, understand that some laws can vary from place to place. County and city ordinances can differ, for example, on teen curfew. Connecticut's laws are not exactly the same as the laws in other states. Laws in foreign lands differ in many ways from the laws within the United States. Its important for you to know that if you live in one place but you are in another, you are responsible for following the laws of the place where you are at that moment. Thats a little like moving from one teachers class to another. You follow the rules of the class you are in at that time. If it is important to know the driver manual before getting a license to drive, it is even more important for you to know this manual and to play by the rules. Bama Jack and Connie Robin say, Laws are very important to us. In fact, it was state law that designated us as State Birds. Another law that we like is the Migratory Bird Treaty Act entered into by Mexico, Canada and the United States, which also protects us and all song birds. Laws can protect you, too, but only if you know them and youre willing to make them a part of your life. Read this book, study it and then keep it in a safe place. Just remember, as that famous ballplayer Yogi Berra said, Ninety percent of the game is half mental. We hope that this book will help you hit one over the fence. Editors Note: Play by the Rules contains what we hope are easy-to-read translations, not the laws as they are officially written. Each year Connecticut laws are revised and new laws are created. For this reason Play by the Rules is periodically updated to reflect significant changes.
This project was supported by Grant No. 2007-DG-BX-K003 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice.
Rule of Law
Have you ever tried to play a game or a sport without knowing all of the rules? It is difficult to be a good player without knowing the rules and regulations. In our society, we have a set of rules called laws. Laws are created and enforced by the government. Laws generally reflect and promote what a society thinks is right or wrong. A government cannot operate effectively unless its citizens respect its laws. Our society is based on the Rule of Law principle. This means that everyone, including government officials, must respect and obey the legal system and its laws. In turn, we expect our legal system to protect our basic human rights and to promote order and stability. We are all citizens, and the law provides us with a set of rules and regulations to follow. In order to be good citizens, it is important that we know the law so that we can Play by the Rules.
The Constitution and its amendments also place limits on the powers of our government. These limits protect the fundamental rights we enjoy, such as the freedom of religion, the freedom of speech and the right to bear arms. On January 14, 1639, the Fundamental Orders were passed and became the first constitution of Connecticut. Connecticut became a state in 1788. On October 12, 1818, the first official state constitution was adopted. Our current constitution, adopted in 1965, provides the basis for all other laws in our state. The constitution may only be changed by a vote of the people of CHAPTER 1 RULE OF LAW 1
CHAPTER 1
Connecticut. Like the U.S. Constitution, the Connecticut Constitution creates three branches of state government: the legislative branch, the executive branch and the judicial branch.
passed by our U.S. Congress and approved by our President. The U.S. Code creates taxes, governs how businesses operate, defines crimes and tells us how to behave in society.
Court Systems
WHAT ARE THE COURT SYSTEMS?
The court systems are the judicial branches of government at federal, state and local levels. Courts hear civil, criminal, juvenile, domestic and traffic cases. CHAPTER 1 RULE OF LAW 3
If you are accused of a crime, you have a right to go to court where the prosecutor must prove you have committed that crime. If you have a dispute with someone about what the law means, the court will determine what the law means and settle the dispute. For example, if you are in an automobile wreck, the court will decide who was at fault based on the evidence presented by both sides.
WHAT IS A WITNESS?
A witness is a person who testifies to what he or she has seen, heard or otherwise observed. In court, the witness is sworn to tell the truth and failure to do so may result in a charge of perjury. Refusal to appear in court may result in an arrest. You have the civic responsibility to help keep your school and community safe. As a citizen, you have a duty to report crimes and testify if called upon. Even as a minor, you could be called as a witness in a court proceeding (see Chapter 3 for more information on witnessing a crime).
Courtroom Roles
WHO ARE JUDGES AND WHAT IS THEIR JOB?
Judges oversee courtroom proceedings. They listen to testimony presented in cases brought before the court and rule according to the law. Like sports officials, their job is to ensure that the law is accurately and fairly applied. The President, with Congress approval, appoints federal judges for life, while Connecticut state judges are nominated by the governor from a list of candidates provided by the judicial selection committee and appointed by the legislature. They serve eight-year terms. The clerk of court, the marshal and a court reporter assist judges. They are responsible for handling evidence, swearing in witnesses, ushering the jury and recording the facts of the trial.
WHAT IS AN ATTORNEY?
An attorney is an individual who has studied law, has passed a test to be admitted to practice law and is licensed to practice law in accordance with state regulations. Another term for attorney is lawyer.
WHAT IS A JURY?
A jury is a group of citizens (generally six in state court and six in federal court) randomly chosen. The jurys task is to determine the facts and apply the law in an adult court proceeding. The right to trial by jury is guaranteed by the Sixth and Seventh Amendments to the U.S. Constitution. This right applies in both federal and state courts. To serve on a jury in a Connecticut court, you must be 18 years old, a U.S. citizen and a resident of Connecticut. CGS 51-217. As citizens we have a duty to serve as fair and impartial jurors. Please note: There are no juries involved in juvenile court proceedings. CHAPTER 1 RULE OF LAW 5
present evidence and witnesses to prove that the defendant did not commit the crime or that the prosecution did not prove guilt beyond a reasonable doubt. In civil court the attorneys for the two sides are called the plaintiffs attorney and the defendants attorney. The plaintiffs attorney represents the party making a complaint. The defendants attorney represents the party being sued based on that complaint.
U.S. Constitution. A list of the basic rights of the accused can be found in the Fifth and Sixth Amendments to the U.S. Constitution.
Legal Rights
WHAT IS DUE PROCESS OF LAW?
Due process of law is the guarantee that citizens are to be treated fairly by the government. It also guarantees that a person has the right to be heard in court before being deprived of life, liberty or property by the government.
The right to notification of the charges against him/her; The right to an attorney; The right to confront and cross examine witnesses; and The right to refuse to testify against oneself. You will learn more about the juvenile justice system in the next chapter.
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WHAT IS A JUVENILE?
A juvenile is a person not yet considered an adult for the purposes of determining either criminal or civil liability. Generally, you are considered a juvenile if you are under age 16. However, please note you may be considered a minor in other areas of the law, such as being able to vote, own property, sign a contract, get married or obtain medical treatment without the consent of your parent, if you are under the age of 18; and such as being able to own or carry certain weapons, or to buy, possess or drink alcoholic beverages if you are under the age of 21.
system includes many different state agencies, from the police to the juvenile court to the Department of Children and Families (DCF), and has its own set of laws and procedures that govern the treatment of juveniles.
WHAT ARE THE DIFFERENCES BETWEEN THE JUVENILE SYSTEM AND ADULT SYSTEM?
There are differences in the two systems including the terms used and the procedures followed. While Connecticut uses many of the same terms in both juvenile and adult courts, there are a few differences. Following is a list of juvenile terms and matching adult terms.
CHAPTER 2
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Juvenile Court Terms Delinquent act Predispositional study Disposition Detention Training School
Procedures
WHAT SHOULD I DO IF THE POLICE STOP ME?
At all times remain respectful, cooperative and truthful with law enforcement. Do not bad mouth or walk away from law enforcement officials, even in instances where you feel they are wrong. Remember that the first words spoken by you may determine the tone of the encounter and the eventual outcome. If an officer has reasonable suspicion to believe someone may be carrying a weapon or illegal substance, he or she may be subject to a pat-down search. This is primarily performed to protect the officer and others in the vicinity. Obey all requests asked of you, unless the request poses a risk to your personal safety or well-being. Do not give false information to an officer. 10 CHAPTER 2 JUVENILE JUSTICE SYSTEM
If held in detention, you will be brought before the judge every 15 days to determine if the reasons for detention continue to exist. CT Practice Book 3010(b).
Juvenile Court
WHAT IS JUVENILE COURT?
The juvenile court is a special division of the superior court system of Connecticut. A superior court judge acts as the juvenile court judge. Juvenile court is for young people under the age of 16 who have been referred for violating the law or for young people under the age of 18 who are in need of supervision. You can be required to go to juvenile court if a petition is filed alleging you to be delinquent, a child from a family with service needs (FWSN) or a youth in crisis (YIC). CGS 46-120(3), (6) and (8). A delinquent child is one who has committed a crime, whether it is a violation, misdemeanor or felony or violated a court order or probation. CGS 46-120(6). A child from a family with service needs (FWSN) is a child under 16 who: Has run away from home; Has been beyond the control of a parent or guardian; Has engaged in indecent or immoral conduct; Has been truant from school; Has misbehaved in school; or Has engaged in certain prohibited sexual acts. CGS 46b-120(8). A youth in crisis (YIC) is a youth age 16 or 17 who: Has run away from home; Has been beyond the control of a parent or guardian; or Has been truant from school. CGS 46b-120(3).
require you to live at home, attend school, obey all laws, undergo counseling and/or drug treatment, perform community service or pay damages to the victim. If you satisfactorily complete everything required while under supervision, the charges against you will be dropped and you will not have a record. If not, the prosecutor will file a petition charging you with the original offense and the case will be handled judicially. CGS 46b-128. Your case will have to be handled judicially if it is your third or more referral to the court, the offense you are charged with is serious, you tell the probation officer that you did not do what you are accused of or the probation officer believes the matter needs to be handled by the court. If you go to juvenile court, you, your parents or guardians and your lawyer will have a chance to tell your side of what happened. You can plead guilty and tell the judge that you did what you are charged with doing, or you have the right to have a trial and require that the prosecutor prove to the judge that you are guilty beyond a reasonable doubt. You have the right to have witnesses brought to court on your behalf and the right to question those witnesses brought by the prosecutor to offer evidence against you. After listening to both sides, the judge decides whether the charges against you were proven. If the judge finds the evidence was insufficient and the prosecutor was unsuccessful in proving the case against you, you will be free to go. If the judge decides that you have committed the offense (adjudicated delinquent), the judge may request that the juvenile probation department prepare a predispositional study (PDS), which is a report on you and your family, a description of the offense and a recommendation to the juvenile court regarding appropriate disposition. CGS 46b-134.
Probation
WHAT DOES ON PROBATION MEAN?
Being on probation means being released to follow certain rules and conditions set by the juvenile court under the supervision of a probation officer for a set period of time. CGS 46b-140. Special conditions of probation can require you to live at home, perform community service, attend school regularly, keep a curfew, pay back a victim for damages, obtain counseling or therapy, be subject to random drug tests or attend an alternative school. CT Practice Book 261(l).
Cause serious physical injury or death to a person; Cause considerable damage to property; Involve a weapon; or Involve the sale of illegal drugs. CGS 46b140(12). If you are found to be a serious juvenile offender, you may be committed to DCF for up to four years. CGS 46b-141.
sent to DCF, you could be placed in a high-security facility such as the Connecticut Juvenile Training School for boys or a similar facility for girls.
Juvenile Record
CAN MY JUVENILE COURT RECORD BE RELEASED OR ERASED?
Yes. Your juvenile record is confidential and is not open to the public. You should be aware however that even a confidential juvenile record may be shared with the police, the bail commissioner, the adult court, including the prosecutor, judge and probation officer, and may be released to the victim or others if the juvenile court judge finds that such release is appropriate. Your juvenile record can be erased if two years goes by after you complete your juvenile court sentence (four years if you were adjudicated as a serious juvenile offender), and you have not been in any further trouble with the law. Erasing or destroying your juvenile record is not done automatically. You must ask (petition) the court
to have it erased. CGS 46b-146. Your future may be affected by a bad or unerased juvenile court record because it may be used against you when you apply for a job, enter military service or if you are arrested again in the future.
IF I HAVE A JUVENILE RECORD, WHAT SHOULD I SAY ON A JOB APPLICATION WHEN ASKED IF I HAVE EVER BEEN CONVICTED OF A CRIME?
You should say yes if your juvenile record contains a conviction for a delinquent act and no if your juvenile record contains only adjudications for FWSN or YIC offenses or if it has been erased. CGS 46b-146. If the question is, Have you ever been convicted of a crime or adjudicated delinquent, even if erased or expunged? then you should disclose what happened and explain that it was erased.
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Criminal Offenses
Authorities agree that crime is a major problem in our country. Crime occurs in many different ways. It may be a purse snatching, a teenager taking a joy ride in a car, murder, rape, drug use or a politician who accepts a bribe. In this chapter you will be introduced to the categories of crimes and their penalties. As a young person, you should be aware of these crimes, because you are more likely to be a victim of crime than any other age group. Remember that the power of knowledge is the best means of crime prevention.
WHAT IS A CRIME?
A crime is committed when you break the law either by doing something the law says you are not to do or by not doing something the law says you have to do.
These classifications demonstrate the seriousness of different crimes. Another classification of the seriousness of a crime is called degree. An example of this would be larceny or theft. Larceny in the first degree is a class B felony and could be a Serious Juvenile Offense, but larceny in the fourth degree is a class A misdemeanor.
CHAPTER 3
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Misdemeanor Fine Class A Not more than $2,000 Class B Not more than $1,000 Class C Not more than $500 Unclassified Set by specific statute
Sentence No more than 1 year No more than 6 months No more than 3 months Set by specific statute
See CGS 53a-24 to 53a-43.
CRIMES FALL INTO TWO BASIC CATEGORIES: WHAT SHOULD I DO IF I WITNESS A CRIME?
If you see a crime, it is very important that you not place yourself in danger. Make as many observations about the crime as you can (such as people, clothing, vehicles, car tag, kind and color of car, direction of travel, time, location and other witnesses). Call 911 immediately about the crime and report if anyone is injured. You should talk to an adult you trust, such as your parent, guardian, teacher, counselor or school resource officer (SRO). 18 CHAPTER 3 CRIMINAL OFFENSES 1) Crimes against persons are crimes that directly injure, attempt to injure or threaten to injure a persons body. 2) Crimes against property are crimes that affect property.
includes capital murder, murder, manslaughter and criminally negligent homicide. Murder is the intentional killing of another person without legal justification. Murder is a class A felony unless it is a capital offense. CGS 53a-54a. Some murders can be punishable by a sentence of death or life without parole. These are known as capital offenses. Some examples of capital offenses are the murder of a police officer or a child under the age of 16 and murder while committing certain other felonies. CGS 53a-54b. Felony murder is when a person commits a felony, and during the course of committing the felony, the person causes the death of another person. CGS 53a-54c. Manslaughter is the reckless killing of another person or killing another while intending to only cause serious physical injury. This crime may also be intentional but committed during a heated or passionate moment. It may also apply in cases where a death is caused by drunk driving. Manslaughter is a class B or C felony depending on the circumstances. CGS 53a55 to 53a-56b. Criminally negligent homicide is the death of another that results from risky or careless behavior. It is a class A misdemeanor. CGS 53a-58.
of communication, you are committing the crime of harassment. This can include calling and hanging up, making threats, using lewd language and other annoying messages. Sending or forwarding inappropriate e-mail messages, instant messages or postal mail are also forms of harassment.
WHAT IS THREATENING?
Threatening involves physical action or threat of physical action that intentionally places or attempts to place persons in such a position that they fear imminent serious physical injury. Threatening does not require physical injury. Threatening is a class D felony if it involves a threat to use a hazardous substance or to cause the evacuation of a building or facility of public transportation. Otherwise it is a class A misdemeanor. CGS 53a-61aa and 53a-62.
WHAT IS ASSAULT?
Assault is acting in a manner that causes physical injury. For example, an unprovoked attack against another person is an assault. You do not have to have a weapon to assault someone. If you assault someone, you can be charged with a misdemeanor or a felony depending on the seriousness of the injury and whether you use a weapon or other object to cause the injury. Any assault on a public safety officer or emergency medical personnel is an automatic felony. CGS 53a-167c.
WHAT IS HARASSMENT?
Harassment is an unwanted touching or a verbal or nonverbal threat to another person that would cause a reasonable person to fear for his or her safety. Harassment is generally a class C misdemeanor. CGS 53a-182b and 53a-183.
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WHAT IS A GANG?
A gang is a group of juveniles or youths who, acting in concert with each other or with adults, engage in illegal activities. CGS 29-7n.
Sexual Crimes
Every person, girl or boy, has total autonomy (control) over his or her own body. No person has the right to touch you in a way that is inappropriate or makes you feel uncomfortable. If this should ever happen, you should report this to your parent, guardian, teacher, counselor, SRO or principal.
WHAT IS OBSCENITY?
Obscenity is any material considered to be extremely offensive under community standards of decency. One example of obscenity is child pornography, which would include nude pictures of someone less than 16 years old taken for sexual purposes. Possession of child pornography is a class B, C or D felony depending on the amount possessed. CGS 53a-196d to 53a-196f. 20 CHAPTER 3 CRIMINAL OFFENSES
punishment is determined by the amount of damage. CGS 53a-115 to 53-117a. This includes graffiti, breaking windows, egging, keying a car and slashing tires. It is also illegal to deface, remove or destroy any property in a graveyard. CGS 46a-58.
WHAT IS LARCENY?
Larceny is the wrongful taking of property with the intent to deprive someone of his or her property or to use it for yourself or someone else. This includes property left at a charitable organizations drop box or trailer, such as Goodwill or Salvation Army. CGS 53a-119. There are six degrees of larceny: Larceny in the first degree: Theft of property by extortion regardless of the value; property valued in excess of $10,000; or property valued in excess of $2,000 obtained by fraud against the public community. This is a class B felony. CGS 53a-122. Larceny in the second degree: Theft of property valued between $5,000 and $10,000; property taken from the person of another regardless of the value; property valued at $2,000 or less obtained by fraud against the public community; or property embezzled or obtained by fraud and the victim is 60 years old or older or disabled. This is a class C felony. CGS 53a123. Larceny in the third degree: Theft of a motor vehicle with a value of $5,000 or less; property valued between $1,000 and $5,000; or property consisting of public records, trade or scientific secrets is a class D felony. CGS 53a-124. Larceny in the fourth degree: Theft of property with a value between $500 and $1,000. CGS 53a-125. Larceny in the fifth degree: Theft of property with a value between $250 and $500. CGS 53a-125a. Larceny in the sixth degree: Theft of property with a value under $250. CGS 53a-125b.
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WHAT IS ROBBERY?
Robbery is theft by the use or threat of the use of force against another person. Taking a persons personal property by using force or by scaring someone into handing over anything that belongs to him or her is the crime of robbery. CGS 53a-133. There are three degrees of robbery: Robbery in the first degree: Theft by the use or threat of the use of force which results in serious physical injury, when armed with a deadly weapon, or the use or threat of the use of a dangerous instrument or what is represented by words or conduct to be a gun is a class B felony. CGS 53a-134. Robbery in the second degree: Theft by the use or threat of the use of force while aided by another person who is actually present, or with the display of or threat to use what is represented by words or conduct to be a deadly weapon or dangerous instrument is a class C felony. CGS 53a-135. Robbery in the third degree: Theft by the use or threat of the use of force is a class D felony. CGS 53a-136.
WHAT IS SHOPLIFTING?
Shoplifting is a form of larceny consisting of taking goods while at a store without paying or intending to pay. CGS 53a-119(9). It is a serious problem for store owners and customers because money is lost on each item that is not paid for by customers, causing retailers to raise their prices on the items we buy. A person who shoplifts will be convicted of either a felony or misdemeanor depending on the value of the stolen item. Because shoplifting has so greatly hurt profits, as well as increased the cost for goods and items, most store owners now prosecute all shoplifters, even for first offenses and regardless of the shoplifters age. You do not have to be outside the store in order to be arrested for shoplifting. If you attempt to conceal an item within the store, you may be arrested.
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WHAT IS BURGLARY?
Burglary is the unlawful entry into or remaining in a house, building or vehicle with the intent to commit a crime inside. Burglary is a felony. CGS 53a-101 to 53a-103a.
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firemen when they request your help. CGS 53a-167b. Intentionally injuring a police dog while the officer is performing his or her tasks could result in a fine of up to $5,000 and up to five years in prison. The intentional killing of such a dog could result in a fine of up to $10,000 and up to 10 years in prison. CGS 53a247(d) and 53a-247(e). The assault of a prosecutor is a class C felony. CGS 53a-167d.
explosion, catastrophe or emergency with the intent to cause disruption of school activities or to cause the evacuation of a building is falsely reporting an incident and could be a class C or D felony or a class A misdemeanor depending on the nature of the false report and any injuries that may result. CGS 53a-180 to 53a-180c.
Guns
CAN I OWN A GUN?
Persons under 18 years of age cannot own a rifle, shotgun, BB or pellet gun. Persons under 21 years of age cannot own a pistol. 18 U.S.C. 922; CGS 29-28.
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Fireworks
CAN I BUY FIREWORKS?
No one under 16 years old can buy or possess fireworks, unless accompanied by an adult. CGS 29357.
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Alcohol
WHAT IS AN ALCOHOLIC BEVERAGE?
Any drink that has at least 1/2 of 1 percent alcohol is an alcoholic beverage. That includes beer, wine or any other liquor. CGS 30-1(3).
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A blood test or a Breathalyzer indicates the blood alcohol level. If the driver is under 21, the amount of alcohol necessary to be considered under the influence is considerably less than the standard for an adult. A conviction for a DUI can include fines, loss of license and jail time. CGS 14-227a and 14-227g.
WHAT IF IM RIDING IN A CAR AND SOMEONE ELSE IN THE CAR HAS AN ALCOHOLIC BEVERAGE?
It is illegal for a person under the age of 21 to possess alcohol. If no one in the car is above the age of 21, it is illegal for anyone in the vehicle to have alcohol, open or unopened.
SUPPOSE I GO INTO A STORE OR BAR TO BUY AN ALCOHOLIC DRINK USING A FAKE ID OR A DRIVERS LICENSE, WHAT WILL HAPPEN?
It is against the law for you to attempt to use a fake ID or drivers license, or to borrow a license that is not yours for the purpose of purchasing alcohol, cigarettes or tobacco. CGS 30-89(a). If you appear to be under 21, you will be asked to prove your age, and if you cannot, the store cannot legally sell to you. CGS 30-86. You may be asked to sign a form stating your age or you may be asked to be photographed and your drivers license copied as proof of your age. CGS 30-86a and 30-86b.
Tobacco
WHAT IS TOBACCO?
Tobacco is an agricultural crop usually rolled in paper and smoked. Sometimes tobacco leaves are dipped or chewed so the nicotine is absorbed through saliva directly into the gums. Tobacco can be in the form of a cigarette, chewing tobacco, dip, cigars or pipe tobacco.
WHAT IS DUI?
DUI stands for driving while under the influence of alcohol or other drugs. Law enforcement officers determine if a person is under the influence of alcohol by testing the amount of alcohol in his/her blood. 30 CHAPTER 5 ALCOHOL & OTHER DRUGS
Even if a friend tries to give you a cigarette, it is also illegal for anyone to give or sell cigarettes, cigarette tobacco or cigarette paper to any minor. CGS 53344(b).
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Parent-Child Relationship
When you become a parent, you have certain rights and responsibilities. The laws in Connecticut encourage parents to care for their children and take certain responsibilities in raising their children. The law imposes certain rights and responsibilities on children too. This chapter will explain the legal responsibilities and duties of families. However, while there are many laws governing family relationships, respect is the key to a happy family.
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where the child is endangered or the morals of the child are likely to be impaired. This is a class C felony. CGS 53-21(a)(1).
WHAT IS EMANCIPATION?
Emancipation occurs when you legally gain control and responsibility over all decisions in your life even if you are under the age of majority. Your parents are no longer responsible for you or your actions. A minor, age 16 or 17, or the parent of a 16 or 17 year old, can ask the court to order the emancipation of the minor. The juvenile court or the probate court will enter an order of emancipation if it finds that the minor has been married, joined the military, has been living apart from the minors parents and managing his or her own affairs or it is in the minors or the parents best interests to do so. CGS 46b-150b.
Parents Liability
No. Your parents/guardians cannot give you WHAT DOES PARENTS LIABILITY MEAN? permission to break any laws. It does not matter if the behavior is in the privacy of your home. Adults and It means that your parents are responsible for you minors can be charged with risk of injury to a minor and for what you do until you are 18 years old or are if they cause or place a child under 16 in a situation legally emancipated. 34 CHAPTER 6 PARENT-CHILD RELATIONSHIP
Marriage
WHEN CAN I GET MARRIED?
You can get married any time after you turn 18. If you are under 18 and not emancipated, your parents/guardians must give their approval in writing. Or if no parent or guardian is a resident of the United States, you must have the written approval of a probate court judge. CGS 46b-30(b). A person under the age of 16 is allowed to marry only with the written consent of a probate court judge. CGS 46b-30(a).
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Although private citizens are not yet required by law to report suspected child abuse or neglect cases, it is strongly urged that citizens report the abuse or neglect for the welfare of the child. If you suspect that a friend of yours is being abused or neglected, tell an adult you trust such as your parent, teacher or a
have the child removed from the home if conditions are unsafe and will ask the court to adjudicate the child to be neglected, abused or uncared for. After evidence is presented and the court finds the child to be neglected, abused or uncared for, the child may be placed in a foster home until a permanent placement is agreed on. If appropriate services can be provided to the family, the child may be returned to the parents. If not, a child may be placed with relatives. If these options do not work, the parents parental rights may be terminated and the child placed for adoption.
Recreation
Recreational activities are fun and exciting but some can be hazardous. This chapter will outline a few activities that have certain regulations such as age and license requirements. It is always important to know what laws apply to you while hunting, camping, boating or enjoying other recreational activities. Have fun, but be responsible!
Water Sports
CAN I DRIVE A BOAT OR A JET SKI?
No one under 12 years of age may operate a motor powered vessel exceeding 10 horsepower unless accompanied on board by a person at least 18 years of age who has been issued a Connecticut Safe Boating Certificate. CGS 15-140h. To operate a motorized vessel, such as a Jet Ski or motorboat, you must be 12 CHAPTER 7 RECREATION 37
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or older and possess a Safe Boating Certificate. CGS 15-140e(b). These laws do not apply to rowboats, sailboats or canoes because they are not motorized.
campers in the parks rules about littering, fishing and hunting, the use of fire, noise and other ways of disturbing the peace. Check the rules before setting up camp.
Parks
ARE THERE SPECIAL RULES THAT I MUST FOLLOW IN A PARK?
Yes. Parks are public places for everyone to use and enjoy. Park rules should be checked and carefully followed when you are in a park. In addition to park rules, most states and local governments have their own rules posted in their parks. Rules include closing times, use of bicycles and vehicles, use of guns and weapons, disturbing the peace, use of fire, littering, use of drugs and alcohol and other offenses.
Sports
CAN I YELL AT THE COACH OR REFEREE AT A SPORTS EVENT?
Yes. You may yell to encourage your team or to express your disagreement with a call or a play. However, if as a player, spectator or parent, your actions constitute harassment or assault on a sports official, referee or coach, or if you unreasonably disrupt an event, you could be charged with harassment, assault, disorderly conduct or breach of peace.
Camping
WHERE CAN I CAMP?
You may camp in public areas that are marked for camping. That includes national parks, state parks and other areas set aside for camping. Most cities in our country have laws against camping in city parks. Do not camp on private property without permission because that is trespassing. CGS 53a-110a. It is important that you follow the rules for 38 CHAPTER 7 RECREATION
Pets
ARE THERE LAWS THAT I MUST FOLLOW AS A PET OWNER?
Yes. As a pet owner, you must keep your pet safe from harm and make sure it gets the care it needs (food and water). Any dog or cat over three months old must be vaccinated for rabies annually. CGS 22338(b). Dogs over six months old must be licensed in the town where the dog is kept and wear the current license. CGS 22-338(a).
Parties
WHAT RULES SHOULD I REMEMBER IF I AM HAVING A PARTY OR GOING TO A PARTY?
A party or a social gathering is a time to be enjoyed with your friends. You should remember to be respectful of other people and their property. It is illegal to play loud music, drink alcohol if you are under 21, consume drugs, engage in fighting or disturb the peace. Additionally, many communities have curfew laws, and it may be illegal to continue partying past curfew.
Curfew
WHAT IS A CURFEW?
A curfew is the time set by a city or town when a minor is no longer allowed to be out on the street without lawful business. There are usually exceptions when you are traveling to or from work. Check with local city or town officials. Parents or the juvenile court may also impose individual curfews.
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CHAPTER 7 RECREATION
School
As students in Connecticut, you have a constitutional right to an education. There are rules and regulations you must follow concerning school attendance and conduct. School is meant to be a safe and structured learning environment for everyone. It is your responsibility to uphold school rules. Take pride in your school and education. This chapter outlines the basic rights and responsibilities of students, parents, teachers and administrators.
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Because the same criminal laws that apply to your behavior in the community also apply to your behavior in school, you might be disciplined in school, suspended or expelled from school and charged by the police for the same behavior. CGS 10-233b to 10233d. You cannot hit, swear at or abuse school employees. While on the school grounds or under school supervision, you are required to avoid unlawful activity, including sexual activity, swearing, drinking or possessing alcohol, gambling, using dangerous drugs or using or having tobacco. You cannot do anything that injures other students or school employees or that damages school property. If you cause personal injury or property damage to the school, you may be suspended or expelled. In addition, you and your parents may be held financially responsible. CGS 52-572.
policies regarding the possession or use of cell phones since some schools prohibit the mere possession, even in the off position, of a cell phone on school grounds. CGS 10-233j. The possession or use of a pager in school is illegal unless you have the written permission of the principal.
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Your parents may refuse permission for you to have a physical or psychological examination at school and may arrange for your family doctor to perform the examination or administer required immunizations. CGS 10-204a and 10-206. When any disease or defect is found by a school medical advisor, a report must be given to your parents. CGS 10-210. Your parents also have the right to be consulted about your placement in special programs for educationally or physically disabled students. 20 U.S.C. 1415; CGS 10-76h. Schools are also required to provide a written policy on student discipline and behavior to all parents, students and teachers. CGS 10-233e. Parents have a right to be informed of their education-related responsibilities to their children.
CAN TEACHERS OR ADMINISTRATORS OPEN MY SCHOOL LOCKER AND SEARCH IT? CAN THEY SEARCH PURSES, CARS, ETC.?
Under certain circumstances, school administrators may search your locker, request that you empty the contents of your locker and/or purse and question you about suspected thefts. School personnel may also search your vehicle. The use of detection dogs and metal detectors is permitted. School officials can conduct a search if they have CHAPTER 8 SCHOOL 43
reasonable suspicion. Reasonable suspicion can be a hunch or a tip from another student or a teacher. The search must be reasonable in light of the age and sex of the student and the claimed misconduct. CGS 5433n. If the search produces an illegal weapon, substance or evidence of criminal activity, the administrator will then contact the school resource officer (SRO) or the local police.
Truancy
WHAT WILL HAPPEN IF I DECIDE TO SKIP SCHOOL FOR A FEW DAYS?
You must attend school for the number of days required. Your parents must be notified if you are absent. CGS 10-198a(b). If you violate this law, you may be charged with the offense of truancy. CGS 46b-120(3)(C) and 46b-120(8)(D). Truancy is the failure of a student to attend school. A student is considered to be truant if he or she has four unexcused absences from school in any one month or 10 in any one year. CGS 10-198a(a).
WHAT IS SUSPENSION?
Suspension is the temporary removal of a student from school or class. You can be suspended by the principal of your school if your conduct on school grounds or at a school-sponsored activity violates a school policy, is seriously disruptive of the educational
weapon in a crime or sell certain drugs. CGS 10-233d(a)(2). Your school board must approve any expulsion action. When you are expelled from one school, you may or may not be offered an education at an alternative school depending on the reason you were expelled. CGS 10-233d(3)(d) and (e). Generally, you will also be prohibited from entering school grounds and from participating in any extracurricular activities or sports.
process or endangers persons or property. CGS 10233c. You may receive an in-school suspension for up to five school days during which time you are excluded from regular classroom activities but not excluded from school. CGS 10-233e(c). Or you may be suspended from school completely for up to 10 school days. CGS 10-233e(d). If you are suspended, your parents or guardians must be notified and a meeting held with them to discuss why you were suspended, what school rules you broke and how long the suspension should last. CGS 10-233e. Each school system has its own code of conduct and penalties based on specific misconduct.
WHAT IS EXPULSION?
Expulsion means that you are excluded from school privileges for more than 10 consecutive school days as punishment for violating a school rule. Such exclusion shall not extend beyond a period of one calendar year. CGS 10-233e(e). An expulsion hearing is required if you have a weapon on school grounds or off school grounds, you illegally possess a gun, illegally possess or use a
you the time and place of the hearing, the law that you are claimed to have violated and a statement of what you did wrong. CGS 4-177(b). If the local board of education decides to expel you, you and your parents or guardians have 45 days to appeal the decision to the superior court. CGS 4183(c). If you are a student with a disability, you may be entitled to additional rights when you face suspension or expulsion including a planning and placement team meeting to determine whether the misconduct was caused by the disability. If it is determined that the misconduct was caused by your disability, you cannot be expelled. CGS 10-233d(i). You should contact the State Department of Education for further information.
schools have a policy of not allowing you to participate in any school-related activities until your term of punishment is completed.
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Transportation
In our fast-paced society, we are constantly traveling to and from school, church, practices, club meetings and social events. You may prefer to provide your own transportation, such as a bicycle, skateboard or scooter. Soon you will be old enough to drive an automobile or a motorcycle. There are laws in Connecticut regarding bicycles, skateboards and motor vehicles. There are even laws for pedestrians. You should be aware of these laws for your protection and safety. Other helpful information in this chapter includes how to get a driver's license and what to do if you are involved in an accident. Be street wise when it comes to transportation.
Bicycle
WHAT IS THE LEGAL DEFINITION OF BICYCLE?
A bicycle includes all vehicles propelled by the person riding the same by foot or hand power or a helper motor. CGS 14-286(e)(2).
bike is stolen and found, the police will be able to return it to you. Otherwise, the bike will probably be sold at a public auction, because the name of the owner would be unknown. CGS 50-14. CHAPTER 9 TRANSPORTATION 47
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yield the right of way to any pedestrian and give an audible signal within a reasonable distance before overtaking and passing a pedestrian or another bicycle operator. Do not ride on a sidewalk or a crosswalk if such operation is prohibited by any ordinance of any city, town or borough or by any regulation of the State Traffic Commission. It is also illegal to ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. CGS 14-286b(b). Do not attach yourself or hold on to any moving vehicle. CGS 14-286b(c). Do not carry a passenger on your bicycle unless the bicycle is equipped or designed to carry passengers. CGS 14-286b(d). Do not carry a package, bundle or other article which prevents you from using both hands in the operation of your bicycle. You must keep at least one hand on the handlebars when the bicycle is in motion. CGS 14-286b(e). Do not ride on an interstate highway or any other controlled access highway. CGS 14-220.
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highway. The speed limits on other roads in Connecticut are determined by size, location and traffic use. CGS 14-218a. Additionally, there is a basic speed law stating that the proper speed is one that is right for the circumstances such as weather, visibility, traffic, surface and condition of the road. This may be slower than the posted speed limit, but never faster. CGS 14-219. If you are ticketed for speeding in a construction zone where workers are present, your fine will be doubled. Your speed should not cause a danger to people or property. CGS 14-212a.
Motor Vehicles
WHAT IS CONSIDERED A MOTOR VEHICLE?
A motor vehicle is any vehicle that runs on its own power. In other words, it has a motor. This includes cars, buses, trucks, motorcycles, motor scooters, motorbikes, mini-bikes, go-carts and mopeds. CGS 14-1(50).
ARE THERE LAWS ABOUT MINI-BIKES, MOTOR SCOOTERS, MOTORCYCLES AND MOPEDS?
Yes. The same laws apply to all motor vehicles. Except for a few cases listed in the Vehicle Code, no motor vehicle may be driven on public roads unless it is registered. You must still have a drivers license or operators license to drive it on public roadways. CGS 14-12, 14-36 and 14-40a. All motor vehicles have to be built and equipped to meet legal requirements for noise, tires, lights, brakes, windshields and mirrors. CGS 14-80, 14-80h, 1496b, 14-96c, 14-96e, 14-98a, 14-99 and 14-99f.
WHAT DO I DO IF I SEE AN AMBULANCE WITH ITS EMERGENCY LIGHTS AND SIREN ON?
If you encounter any emergency vehicle (ambulance, police car, fire truck, etc.) displaying emergency lights, you should slow down and carefully move to the right-hand edge or curb of the roadway, and stop and remain stopped until the emergency vehicle has passed. CGS 14-283(e).
more easily. If the officer issues you a citation for a traffic violation, or for any other violation, you must sign the citation even if you feel that you are not guilty. Your signature on the citation is not an admission of guilt; it is only your acknowledgement that you received the ticket. If you do not pay the fine by the answer date on the ticket, your case will be sent to court. If you do not appear in court, it becomes very serious. Your license will be suspended and you may incur additional fees.
WHAT DO I DO IF I HAVE A CAR WRECK? CAN I PASS A SCHOOL BUS THAT IS STOPPED IN THE ROAD?
No, it is illegal to pass a stopped school bus loading or unloading passengers. CGS 14-279(a). If you are involved in a traffic accident, you must stop at once and notify the police as soon as possible. If someone is injured, provide first aid if you are able and call for medical assistance. Before the police arrive, use whatever means available to warn other traffic (flags, flares, etc.). CGS 14-224. You must provide your name, address, operators license number, registration and the name of the legal owner of the vehicle. CGS 14-224(b). You should get the names and addresses of anyone else involved and any witnesses. At the scene of the accident, the involved drivers should be prepared to provide proof of automobile liability insurance, including the name and address of the insurance company. If unable to furnish such information at the scene of the accident, the drivers should do so later.
CAN I GET A TRAFFIC TICKET IF MY LIGHTS ARENT WORKING OR SOMETHING ELSE IS WRONG WITH MY CAR, EVEN IF I DID NOT KNOW ABOUT IT?
Yes. It is your responsibility to keep your vehicle in good working condition. You are also responsible for the condition of the vehicle you are driving even if it belongs to someone else. If you are driving someone elses vehicle and it has defective equipment, you will be given a ticket for the defect.
WHAT IF I HIT ANOTHER VEHICLE OR DAMAGE PROPERTY AND THE OWNER IS NOT THERE?
If your vehicle hits an unattended vehicle or causes some other type of injury or damage, and you are
unable to notify the owner of the vehicle or property, you must immediately notify the police. CGS 14224(b).
Driver's License
WHEN CAN I GET A LEARNERS PERMIT?
A person 16 or 17 years of age may apply to the Commissioner of Motor Vehicles for a learner's permit. The commissioner may issue a learner's permit to an applicant after the applicant has passed a vision screening, passed a test as to knowledge of the laws concerning motor vehicles and the rules of the road, has paid the required fee and has the written consent of one or both parents or guardians. CGS 1436(c). Many public schools and private programs offer instruction to help with both the written and the driving portions of the test. A learner's permit is required if you are learning to drive on public roads. A learners permit does NOT allow you to drive alone you may only drive with an instructor or a person 20 years of age or older who has been licensed to operate a motor vehicle for at least four years preceding the instruction and who has not had his or her drivers license suspended during the four-year period preceding the instruction. You must have your permit with you. CGS 14-36(c).
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Any person who violates these restrictions has committed an infraction. For a second or subsequent violation, your drivers license may be suspended until you turn 18. CGS 14-36g(d). For further information on these restrictions, see the Connecticut Department of Motor Vehicles Web site at www.ct.gov/dmv.
WHEN MY PARENTS SIGN FOR MY LICENSE, WHAT DOES IT MEAN FOR THEM?
Your parents can be held financially responsible if you should be involved in an accident.
Pedestrians
WHAT ARE PEDESTRIAN RULES?
A person who is walking is a pedestrian. Pedestrians should always use sidewalks if available. If there are no sidewalks, they should walk close to the left-hand edge of the roadway facing oncoming traffic. CGS 14-300c(a). If you are a pedestrian, you have the right of way in crosswalks, whether or not white lines mark them. As a pedestrian, you also have the responsibility to not step into the path of an oncoming vehicle just because you have the right of way. CGS 14-300(c). If there are signal lights on both corners of a block, you may not cross, or jaywalk, in the middle of the block. If there are no signals or a signal on only one corner, you may cross in the middle of the block if you do not interfere with traffic. If pedestrian control devices are not present, you must follow traffic control devices such as traffic lights. CGS 14-300b(a) and (b).
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Work
Getting a job and having your own spending money is important to most teenagers. Our society has set a few regulations, however, regarding how old you must be to work and how many hours a day you can work. Because education is your primary concern, several laws have been enacted to help teenagers who want or need to work. This chapter will address the laws regarding teenagers and jobs.
Work Requirements
AM I OLD ENOUGH TO GET A JOB?
No one under 14 years old may be employed in a public place. However, there are some exceptions for school-tocareer programs, cooperative work experience programs and city/town summer work-recreation programs. Inquiries about these programs should be directed through your town or city hall.
If you are 14 or 15 years old, you cannot work: During school hours; Before 7 a.m. or after 7 p.m. (except from July 1 to Labor Day when evening hours are extended until 9 p.m.); More than three hours per day on school days or eight hours per day on nonschool days; and More than 18 hours a week during school weeks or 40 hours a week during nonschool weeks. CGS 31-12; RCSA 31-23-1.
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If you are 16 or 17 years old and attending high school or other secondary school, the following time and hour restrictions apply: 6 a.m. to 11 p.m. (midnight if on school vacation/not prior to school day; for manufacturing, mechanical and retail/mercantile jobs, the evening restriction is 10 p.m. during school weeks and 11 p.m. if on school vacation); Six hours per day/32 hours per week (during nonschool weeks, eight hours per day/48 hours per week); Eight hours per day on Friday, Saturday and Sunday; and Six days per week during nonschool weeks. CGS 31-12 and 31-13; RCSA 31-23-1. If you are under 18 and not attending or graduated from high school or other secondary school, you can only work the following types of jobs during the indicated hours: Restaurant, Manufacturing, Mechanical, Recreation, Amusement and Theater Jobs: Nine hours per day/48 hours per week; and Six days per week. CGS 31-12 and 31-13; RCSA 31-23-1. Retail/Mercantile Jobs: Eight hours per day/48 hours per week; and Six days per week. CGS 31-12 and 31-13; RCSA 31-23-1.
Use of electrical tools, circuits or equipment Exposure to radioactive substances or ionization radiation Power-driven metal-forming, punching or shearing machines Slaughtering, meat packing, processing or rendering Wrecking, demolition and shipbreaking Roofing operations Excavation operations Automotive maintenance and repair, except the following: island work, changing passenger car tires, preparing cars for painting (limited to sanding and masking, no spray painting or welding), hand cleaning and washing of motor vehicles (no flammable liquids) Beverage bottling Soldering, welding, smelting, flame cutting or metal processing Dry cleaning/laundry operations Processing of food products Construction, except the following: landscaping (planting small trees, shrubs, etc.), general yard work (no riding-reel lawn mowers), brush painting and window cleaning (no ladders over six feet, no flammable cleaners/thinners, etc.) Installation, maintenance and repair of electrical machinery/equipment Printing operations Stone cutting and processing Leather products processing/tanning Textile machinery operations Trash/cardboard compactor Manufacturing, including the following: brick, clay, tile and kindred products; paper, paper products and paperboard; plastic and plastic products; pharmaceutical products; ice; synthetic fiber; rubber and synthetic rubber products. CGS 31-23 and 31-24; RCSA 31-23-1. Note: This is only a partial list of prohibited occupations for minors under the age of 18. For a more complete list, see Regulations of Connecticut State Agencies 31-23-1 or the Connecticut Department of Labor Web site at http://www.ctdol.state.ct.us. If you are 14 or 15 years old, you may work in the following jobs: Agriculture Street trades (newspaper delivery, shoe shining, babysitting, etc.)
Hospitals (no food service or laundry) Convalescent homes (no food service or laundry) Hotels and motels (no food service or laundry) Banks Insurance companies Professional offices (lawyers, CPAs, etc.) Municipalities (library attendants, recreation departments, etc.) Golf caddies Acting Household chores for private homeowners (yard work, etc.) Licensed summer camps. CGS 31-23 and 31-24; RCSA 31-23-1. However, 14 and 15 year olds are prohibited from working in the following places of employment: Restaurant/food service Recreational establishments Manufacturing industries Mechanical/service industries Mercantile/solicitation Theatrical industry Barber shops Any other business types not listed on the above permitted job list. CGS 31-23 and 31-24; RCSA 31-23-1.
Make sure to work only for persons approved by your parents. Many police departments and the local American Red Cross chapter have babysitting safety courses, which help train sitters to deal with emergency situations and safety/security concerns. CHAPTER 10 WORK 55
and Hour Division, the Connecticut Department of Labor or your parent/guardian may sue the employer.
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Civil Responsibility
This entire book has been designed to teach you your rights and your responsibilities under the law. When you show respect for authority and the law, the law is better able to protect your rights. While you may never be accused of a crime, you should still be aware that everything you do might affect other people or their property. Therefore, in this chapter you will learn about the responsibilities and consequences for not using reasonable care in dealing with others (the field of civil law known as torts). You will also learn about your right to enter into contracts and the responsibilities that go along with that right.
Torts
WHAT IS A TORT?
By law, every person has a duty not to harm other people or their property. A tort is committed when you fail in your duty of care toward others and injure a person, damage his or her property or harm his or her reputation. If your action was intentional, or even if it were simply negligent, you can still be held responsible. The person who is injured may sue you in civil court. The court may order you to stop the conduct and/or require you to pay damages.
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harm to a person or property. For example, if a babysitter leaves a child unattended and the child is injured, the babysitter is negligent and can be held responsible for the injuries. Babysitters have a duty to use reasonable care. Even a person who cares greatly for others may be negligent if he or she creates an unreasonable risk of harm.
may be enforced in civil court. You may also file suit for civil damages arising out of the other partys failure to do or not do what he or she promised in the contract.
Contracts
WHAT IS A CONTRACT?
A contract is a set of promises between two or more people to legally do or not do something. Contracts usually involve money, services or property. Contracts may be spoken or written and CHAPTER 11 CIVIL RESPONSIBILITY 59
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Technology
Todays technology brings us faster computers, the World Wide Web (known as the Internet), cell phones, digital cameras and much more. As you learn about technology and all of its uses, you must also be aware of the restrictions and laws concerning the use of certain devices. It is also important to know the safety precautions when chatting on your cell phone or online. Computers, the Internet and cell phones are great ways to keep in touch with your friends. The Internet is also a great way to do research work for school and listen to music. Have you ever downloaded music, taken photos with your cell phone, chatted online with friends or entered any personal information online? If so, you might be violating a law or putting yourself at risk of identity theft or even personal harm. This chapter will address the many laws and safety precautions you should know in order to play it safe in the world of technology.
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transmitted by the computer system. CGS 53a-251(e). Destruction of Computer Equipment: A person without authorization, intentionally or recklessly tampers with, takes, alters, damages or destroys any equipment used in a computer system. CGS 53a-251(f). The penalties for these crimes range from a class B felony to a class B misdemeanor depending on the amount of the damage or value of the property or computer services involved. CGS 53a-252 to 53a-256.
Internet Safety
ARE CHAT ROOMS SAFE?
No, chat rooms are not safe places to be while online. A great deal of negative things can result from chat rooms, such as bullying, stalking, kidnapping, rape and murder. Not all chat or instant messaging is bad. Ask your parents to help you find safe areas to communicate with your peers.
WHAT IS CYBERBULLYING?
Cyberbullying involves the use of technology (e-mail, instant messaging, Web sites, cell phones, etc.) to harass or annoy another person. Cyberbullying is a form of harassing communication and could be considered threatening or harassment. CGS 53a-62, 53a-182b and 53a-183. CHAPTER 12 TECHNOLOGY 63
Cell Phones
ARE THERE ANY LAWS CONCERNING CELL PHONES?
In Connecticut, it is illegal for a driver to use a cell phone while driving unless a handsfree telephone is used. Drivers operating under a learners permit or a 16 or 17 year old driver cannot use any mobile telephone while driving, whether or not it has a hands-free accessory. A person who violates this law may be fined up to $100. CGS 14-296aa. Using a cell phone is a great way to keep in touch with your family and friends, but you must follow a few safety and etiquette rules to be a good cell phone citizen. The following tips may be useful: Do not dial, text or talk while driving. It is dangerous and in some states it is illegal. Keep calls short and avoid talking too loud in public. Refrain from talking on your phone as a courtesy in places such as churches, restaurants, movie theaters and anywhere else that it would be a nuisance. It may be necessary to turn off your phone or place it on silent or vibrate. Be aware of your surroundings and avoid talking about private issues on a cell phone. Never interrupt a face-to-face conversation by answering your cell phone. Always check for cell phone regulations in any public places such as museums, doctor offices, sporting events, hospitals, libraries and elevators. Before you bring a cell phone to school, check your schools policy.
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Do not take notes or look up phone numbers while driving. Do not engage in stressful or emotional conversations that may be distracting. Keep conversations short. Inform the person you're calling that you are in a vehicle and end the call as soon as possible. Use your phone to call for help. Adapted from the online brochure Driving Safety Tips by CTIA, found at http://ctia.org/industry_topics.
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Glossary
ACCESSORY: To help another person commit a crime. Also known as aiding and abetting or complicity. ADJUDICATE: To make a judicial determination about an issue before the court. ADOPTION: To take into ones family the child of another and give him or her the rights, privileges and duties of a child and heir. ADULT: An individual who is 16 years of age or older for purposes of being prosecuted in the criminal court; 21 years of age or older for purposes of possessing or purchasing alcohol or certain firearms; and 18 years of age or older for most other purposes. ALCOHOL: Any drink that has at least 1/2 of onepercent alcohol. APPEAL: Asking a higher court to review the decision of a trial court or other lower court or administrative agency complaining of some error or violation of rights. APPELLATE COURT: A court that reviews the decision of the superior court or a governmental agency. Appellate courts do not try cases, have juries or witnesses. They review questions of law or allegations of procedural error arising in the trial court. ARSON: Setting fire to or burning any building or vehicle without a lawful purpose. ASSAULT: (1) Acting in a manner that causes physical injury (criminal). (2) The willful attempt or threat to unlawfully touch or hurt another (civil). ATTORNEY: An individual who has studied law, passed a test to be admitted to practice law and is licensed to practice law in accordance with state regulations. Also called a lawyer. ATTORNEY GENERAL: The chief law officer of the executive branch of the federal government and the chief civil law officer of Connecticut. BAIL: A sum of money exchanged for the release of an arrested person as a guarantee of that persons appearance for trial. BAIL COMMISSIONER: A state official who sets the amount of bond for persons detained by the police prior to court arraignment and recommends to the court the amount of bond for a defendant in a criminal case. BATTERY: The intentional and offensive touching of another person without his or her consent (civil). BICYCLE: A vehicle that has two wheels, one behind the other, handlebars for steering, a seat and is propelled by the action of the riders feet upon the pedals. BLOOD ALCOHOL CONCENTRATION (BAC): The percentage of alcohol in the blood tested to determine intoxication level for driving under the influence. BLOOD ALCOHOL LEVEL: The standard measure for legal intoxication under state DUI laws determined by the amount of alcohol in the drivers blood. This can be measured by a Breathalyzer test or blood test if necessary. BREACH OF PEACE: A violation or disturbance of the public tranquility and order. BREATHALYZER: Test to determine blood alcohol level in one arrested for operating a motor vehicle under the influence of alcohol. BULLYING: Any repeated overt acts by a student or a group of students directed against another student with the intent to ridicule, humiliate or intimidate the other student while on school grounds or at a school-sponsored activity. BURGLARY: Entering another persons property or home without permission or remaining there against the owners wishes with the intent to commit a crime. CAPITAL MURDER: A murder that can be punishable by a sentence of death or life without parole. CAPITAL OFFENSES: Crimes in which a sentence of death may, but need not necessarily, be imposed. CHIEF STATES ATTORNEY: The chief criminal law enforcement officer of Connecticut. CHILD: An individual under the age of 16 for purposes of delinquency or Family with Service Needs (FWSN) or under the age of 18 years of age for purposes of neglect or abuse. CHILD ABUSE: The harm or threatened harm to the health or welfare of a person under the age of 18 years old. Harm is an intentional, reckless or negligent physical or mental injury or sexual abuse. CHILD NEGLECT: When a parent or guardian fails to meet his or her responsibilities to take care GLOSSARY 67
of a child. Neglect includes, but is not limited to, the failure to provide adequate food, medical treatment, supervision, clothing or shelter. CHILD-RESTRAINT SYSTEM: Tools for restraining a child in a car for safety, such as seatbelts or car seats. CITATION: An order issued by the police to appear before a magistrate or judge at a later date, commonly used for motor vehicle violations. CITY, TOWN OR MUNICIPAL ORDINANCE: Laws created in a city, town or municipality that are applicable only within their boundaries. CIVIL LAW: Laws that relate to private rights and remedies. COMMON LAW: The system of laws, originated and developed in England, based on court decisions rather than codified written laws. COMPUTER HACKING: Accessing a computer network or an individuals computer without authorization. CONCEALED WEAPON: A weapon is concealed if it is not in clear sight of a casual observer. CONNECTICUT CODE OF EVIDENCE: The rules that regulate how evidence is handled in the courts. CONNECTICUT GENERAL STATUTES: A collection of laws passed by the Connecticut State Legislature and approved by the governor. CONNECTICUT PRACTICE BOOK: The rules of court created by the Connecticut Superior Court to regulate how cases will be handled in the state courts. CONNECTICUT SUPREME COURT: The highest court in the state of Connecticut. This is an appellate court that reviews decisions from the lower state courts. It has the final word in Connecticut with the exception only of an appeal to the U.S. Supreme Court. CONTINGENCY: A fee paid to an attorney based on a percentage of the sum awarded in the lawsuit. CONTRABAND: Goods or merchandise whose importation, exportation or possession is forbidden; smuggled goods. CONTRACTS: A set of promises between two or more people to legally do or not do something. CONTROLLED SUBSTANCE: Any substance that the government thinks needs to be monitored because of its potential for abuse. CONVICTION: The result of a criminal trial that ends in a judgment or sentence that the accused is guilty as charged. CRIME: When you break the law either by doing 68 GLOSSARY
something the law says you are not to do or by not doing something the law says you have to do. CRIMES AGAINST PERSONS: Crimes that directly injure, attempt to injure or threaten to injure a persons body. CRIMES AGAINST PROPERTY: Crimes that affect property. CRIMINAL INFRINGEMENT OF A COPYRIGHT: The crime of duplicating copyrighted material that is punishable by up to 10 years in prison and a fine of up to $50,000. CRIMINAL LAW: Laws enacted by the legislative branch of government for the purpose of preventing harm to society and establishing punishment to be imposed for wrongful conduct. CRIMINAL LITTERING: Intentionally throwing or dropping litter on any public or private property and having no right to do so. CRIMINAL MISCHIEF: Intentionally or recklessly causing damage to property and having no right to do so. CRIMINALLY NEGLIGENT HOMICIDE: The death of another that results from risky or careless behavior. CRIMINAL TRESPASS: Entering someone elses property or home without permission or remaining there against the owners wishes. CRIMINAL TROVER: Finding the property of another and wrongfully converting it to ones own use. CURFEW: A time set by a local or state government for when a young person is no longer allowed to be out on the street without lawful business. CUSTODY: The care and control of a thing or person. CYBERBULLYING: The use of technology (e-mail, instant messaging, Web sites, cell phones, etc.) to harass or annoy another person. DANGEROUS INSTRUMENT: Any item which, under the circumstances in which it is used, is highly capable of causing death or serious physical injury. DATE RAPE DRUG: A drug used by an offender to render another person unconscious for the purpose of committing a crime such as rape or another sexual offense. DEADLY WEAPON: A firearm or anything designed for the purpose of inflicting death or serious physical injury. DEFAMATION: Written or spoken expression about a person that is false and damages that persons reputation. DEFENDANT: The party against whom a suit or criminal charge is brought. DEFENDANTS ATTORNEY: An attorney that
represents a party being sued in civil court. DEFENSE ATTORNEY: An attorney responsible for defending the accused in criminal court. DEGREE: Legal extent of guilt or negligence. DELINQUENT CHILD: A child who has committed a crime, whether it is a violation, misdemeanor or felony, including violations of court orders and probation. DEPARTMENT OF CHILDREN & FAMILIES (DCF): A state agency charged with the care and custody of delinquent, FWSN, dependant, neglected and abused children and youth. DEPENDENT CHILD: A dependent child or youth is one whose home is a suitable one for the child or youth, except for the financial inability of the parent, guardian or other person maintaining such home, to provide the specialized care the condition of the child or youth requires. DETENTION CENTER: Places for temporarily keeping juveniles who have been accused of committing criminal acts. DISORDERLY CONDUCT: Disturbing the peace by making loud noises, by fighting or by publicly using obscene language. DISPOSITION: The outcome or sentence in a delinquency, FWSN or YIC case. DIVERSIONARY PROGRAM: A disposition of a criminal defendant either before or after adjudication of guilt in which the court directs the defendant to participate in a work or educational program as part of a period of probation. DOMESTIC OR FAMILY VIOLENCE: An incident resulting in physical harm, bodily injury or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury or assault between family or household members. DRIVING WHILE UNDER THE INFLUENCE (DUI): Operating a motor vehicle while under the influence of alcohol or other drugs as determined by the amount of alcohol or drugs in that persons blood. DRUG DISTRIBUTION: When a person sells, furnishes, gives away, delivers or distributes any controlled substance unless authorized by law. DRUG MANUFACTURING: When a person manufactures any controlled substance without legal authority or possesses any chemicals used to manufacture a controlled substance with the intent to manufacture the controlled substance. DRUG PARAPHERNALIA: All equipment, products and materials of any kind used for converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing a controlled substance into the human body. DRUG POSSESSION: When a person possesses any controlled substance without legal authority. DRUG TRAFFICKING: The possession of large quantities of illegal drugs, which indicates the intent to sell for profit. DUE PROCESS OF LAW: The guarantee that citizens are treated fairly by the government (found in the Fifth, Sixth and Fourteenth Amendments to the U.S. Constitution). EMANCIPATION: When a minor legally gains control and responsibility over all decisions in his or her life, even though he or she is a minor. EMPLOYEE THEFT: A form of theft in which employees steal things, allow friends to steal things, charge a customer an improperly reduced price or abuse an employee discount. EXECUTIVE BRANCH: The branch of government responsible for enforcing the laws. EXPULSION: A disciplinary action that removes a student from school for an extended period of time. This action can include a hearing and must be approved by the board of education. FALSE IMPRISONMENT: Unlawfully keeping a person in a room, car or other place so he or she cannot leave or get out. FALSELY REPORTING: Crime of making an untrue report to authorities such as police, fire department or other emergency services. FAMILY WITH SERVICE NEEDS (FWSN): A child from a family with service needs is one who has run away, is beyond control, has engaged in indecent or immoral conduct, is truant or defiant of school rules or has engaged in prohibited sexual activity. FELONY: Generally the most serious of all crimes. For an adult, it could result in imprisonment for more than one year. FELONY MURDER: When a person commits a felony and during the course of committing the felony, the person or another participant in the original felony causes the death of another person. FIREARM: A weapon from which a shot is discharged with gunpowder. It could include a pellet gun or air rifle. FRAUD: Intentionally telling someone something false or concealing the truth. FREEDOM OF INFORMATION LAW: A law that requires all public officials to conduct their meetings GLOSSARY 69
openly and for public records to be accessible to the public. GANG: A group of three of more persons who join together for the purpose of committing crimes. HALLUCINOGEN: A substance that affects the central nervous system distorting the perception of object reality. HARASSMENT: Unwanted touching or a verbal or nonverbal threat to another person that would cause a reasonable person to fear for his or her safety. HEARING: A court appearance before a judge or court referee where testimony is given and evidence is presented. HELPER MOTOR: A motor having a capacity of less than 50 cubic centimeters piston displacement, rated not more than two horsepower, capable of a maximum speed of no more than 30 miles per hour and equipped with an automatic transmission. HOMICIDE: The killing of one human being by another, justified or unjustified. IDENTITY THEFT: Using someone elses information (such as social security numbers, credit card numbers and drivers licenses) without their permission for an unlawful purpose. INCARCERATED: Imprisoned; confined in a jail or prison. INFRACTION: A violation of a statute for which the only sentence authorized is a fine and which violation is expressly designated as an infraction. INHALANT: Substance that is sniffed or huffed to give the user an immediate high or head rush. INTENT: A state of mind in which a person seeks to achieve a given result through a course of action. INTENTIONAL TORT: When a person acts with the intent to harm someone or someones property. INVASION OF PRIVACY: Intentional and wrongful intrusion into someones private activities. JUDGE: The court official that oversees courtroom proceedings, listens to testimony presented in cases brought before the court and rules according to the law. JUDICIAL BRANCH: The branch of government that interprets the laws and their constitutionality. JURY: A group of citizens (generally six in state courts and six in federal court) randomly chosen to determine the facts of a case and apply the law in an adult court proceeding as instructed by the judge. JUVENILE: A person under age 16 not yet considered an adult for the purposes of determining criminal liability. JUVENILE COURT: A court having special jurisdic70 GLOSSARY
tion over delinquent, FWSN, dependent, neglected and abused children and youth. JUVENILE JUSTICE SYSTEM: A part of the justice system that focuses on the special concerns and problems or criminal activities of juveniles. JUVENILE REVIEW BOARD: A pretrial diversion program available in some towns and cities that allows juveniles charged with a delinquent or FWSN act the option of having their case handled by a community-based group instead of going to juvenile court. LARCENY: Felonious stealing, taking and carrying, leading, riding or driving away anothers personal property, with intent to convert it to ones own use or to permanently deprive the owner of said property. LAW: Rules and regulations created and enforced by the government. LEGISLATIVE BRANCH: The branch of government that creates laws. LIBEL: Written or permanently recorded untruths causing harm to the person about whom the untruths are published. LITTERING: Intentionally throwing or dropping litter on any public or private property without the consent of the owner or occupant of such property. LOITERING: Remaining in a certain place for no reason. MANSLAUGHTER: The reckless killing of another person. This crime may be intentional but committed during a heated or passionate moment. MENACING: Showing an intention to inflict harm; acting in a threatening manner. MINOR: Generally a person under the age of 18, but also a person under the age of 21 for certain purposes such as possession or purchasing alcohol and possessing or purchasing certain weapons. MINOR IN POSSESSION OF ALCOHOL: The illegal act of someone under the age of 21 possessing and/or transporting alcohol. It can also include knowingly being in the presence of alcohol in an area over which you have control, such as a backpack, locker or car. MIRANDA WARNING: Constitutional rights read to a suspect before questioning begins. MISDEMEANOR: A crime that may result in imprisonment for up to one year and/or a fine. MOTOR VEHICLE: Any vehicle that runs on its own power. MURDER: The intentional killing of another person without legal justification. NEGLIGENCE: A tort that occurs when a person fails
to use reasonable care causing harm to a person or his or her property. NO ELECTRONIC THEFT ACT: Passed into law in 1997, NET allows for criminal enforcement of U.S. copyright laws against people who have no profit motive. NON-JUDICIAL HANDLING: The handling of a juvenile delinquency, FWSN or YIC case by the probation officer without the involvement of the prosecutor or judge. When handled non-judicially, no formal adjudication or conviction occurs. OBSCENITY: A general term applying to anything that is immoral, indecent or lewd. PAROLE: Release from prison (for adults) or a DCF facility including CJTS (for juveniles) before the full sentence has been served, granted at the discretion of a parole board or DCF. PEDESTRIAN: A person who is walking. PERJURY: Intentionally providing false information under oath. PETITION: To file charges or to make a request of a court or public official. PHISHING: Sending e-mail to a user falsely claiming to be a legitimate organization (examples: banks, eBay accounts, Internet provider services, etc.) asking for the users password, social security number, bank account numbers and credit card accounts. This information is then used for the purposes of identity theft. PLAGIARISM: The copying of someone elses work and representing it as your own. PLAINTIFF: The party who brings a lawsuit (sometimes known as a complainant or petitioner). PLAINTIFFS ATTORNEY: The attorney that represents a party making a complaint in civil court. POSSESSION: Possession is not limited to ownership. It can also include knowingly being in the presence of or having control over an area containing illegal items. PRECEDENTS: Court decisions on legal questions that guide future cases with similar questions. PREDISPOSITIONAL STUDY (PDS): A report prepared by the probation officer on you and your family, a description of the offense and a recommendation to the juvenile court regarding appropriate disposition of a delinquency, FWSN or YIC case. PRESENTENCE INVESTIGATION: Investigation of the relevant background of a convicted offender, usually conducted by a probation officer attached to a court, designed to act as a sentencing guide for the sentencing judge. PROBATE COURT: A court having general powers
over probate of wills, administration of estates and, in some states, is empowered to appoint guardians or approve the adoption of minors. PROBATION: A period of supervised release given by a court instead of commitment. PROSECUTOR OR PROSECUTING ATTORNEY: The lawyer that represents the government in a criminal or juvenile case. PUBLIC INDECENCY: When a person exposes his or her private parts in a public place where he or she is likely to be observed by someone else. RAPE: Forced sexual intercourse with another person. Any sexual intercourse, consensual or not, with a person under the age of 16 if that person is more than two years younger than the other person. REASONABLE PERSON: The idealized standard of how society expects its members to act. REASONABLE SUSPICION: An objective basis, supported by specific facts, for suspecting a person of criminal activity. RECEIVING STOLEN PROPERTY: The buying or accepting of property known to be, or suspected to be, stolen. RECKLESS ENDANGERMENT: Crime of creating a substantial risk of death or serious injury to another. RESIDENTIAL TREATMENT FACILITY: A place where a juvenile who is found to be a delinquent child is sent by the court under the supervision of the DCF where the juvenile will live, go to school, receive services such as drug treatment or counseling and meet whatever other conditions are placed on him or her by the court. RESTITUTION: The return of goods to the rightful owner and payment for property loss, damages and time. RISK OF INJURY: The crime of causing or placing a child under 16 in a situation where the child is endangered or the morals of the child are likely to be impaired. ROBBERY: Theft by the use of force. RULE OF LAW: The principle that means everyone, including government officials, must respect and obey the legal system and its laws. SAFE BOATING CERTIFICATE: License received after completing a safe boating course required to legally operate any motorized vessel. SCHOOL FUNCTION: Any school-sponsored activity controlled by school officials, including but not limited to, sporting events, dances, plays, pep rallies and fund-raisers. SCHOOL GROUNDS: Areas defined as part of the GLOSSARY 71
campus. This includes the main campus, auditoriums, sporting arenas, football and baseball fields, tracks, vocational facilities, parking lots and the cafeteria. SCHOOL RESOURCE OFFICER (SRO): A fulltime law enforcement officer in the schools with the goal of creating and maintaining a safe educational environment. SERIOUS JUVENILE OFFENDER: A juvenile offender who has committed an extremely serious offense. SERIOUS JUVENILE OFFENSE (SJO): A very serious criminal charge identified by the legislature that may result in serious consequences for a juvenile including a longer period of commitment and/or a longer period required for erasure of a juvenile record. SEXUAL ASSAULT: See Rape. SEXUAL CONTACT: Any contact on the person of another that involves touching of sexual organs or intimate body parts of that person. SEXUAL MISCONDUCT: Illegal sexual activities other than those defined as sexual abuse or sexual contact. SHOPLIFTING: Taking goods from a store without payment or the intent to pay. SLANDER: Falsely spoken words that harm the reputation of another. SOFTWARE PIRACY: The unauthorized duplication of computer software. SPAM: Unsolicited commercial e-mail sent to a large number of addresses. STATUTE: A law enacted by the legislature at the state or federal levels. STIMULANT: A substance that temporarily increases the function of the heart, lungs, brain and/or nervous system. SUPERIOR COURT: A Connecticut trial court that has exclusive jurisdiction in all civil, juvenile and criminal matters. SUSPENSION: A disciplinary action that temporarily removes a student from school. TERRORISM: A violent criminal act committed with the intent to intimidate or threaten the general public or to influence the policy of government. THEFT: The taking of property or depriving someone of his or her property without the intent to return it. THREATENING: Physical action or threat that intentionally places or attempts to place another person in such a position that he or she fears imminent serious physical injury. TOBACCO: An agricultural crop usually rolled in 72 GLOSSARY
paper and smoked. Sometimes tobacco leaves are dipped or chewed so the nicotine is absorbed via the gums. TORTS: The law of private wrongs governing the behavior of persons and setting out their obligations toward each other. TRAINING SCHOOL: A residential facility operated by the DCF, where a juvenile who has been accused of or convicted of a delinquent act may be placed for supervision and/or punishment. TRESPASS: Intentionally going onto or throwing things onto property which you do not own or have the right to be on. TRIAL: A formal proceeding before a judge and/or jury to determine the outcome of an issue before the court. TRUANCY: The failure of a student to attend school without good reason. UNCARED-FOR CHILD: A child who is homeless or whose home cannot provide the specialized care that the physical, emotional or mental condition of the child requires. U.S. CODE: The collection of laws passed by the U. S. Congress and approved by the President. U.S. COPYRIGHT ACT: Protects the music and other industries against the illegal downloading and sharing of music, movies or other media without consent. U.S. CIRCUIT COURT OF APPEALS: Intermediate federal appellate courts that review decisions of lower federal courts. U.S. DISTRICT COURT: Federal trial courts. U.S. SUPREME COURT: The highest court in the country created by the U.S. Constitution. This court of final appeals reviews decisions from lower federal courts and state supreme courts. VIOLATION: A breach of a state or municipal ordinance that is not a felony or misdemeanor. WITNESS: One who testifies to what he or she has seen, heard or otherwise observed. YOUTHFUL OFFENDER: Classification of youths and young adults, ages 16 and over and therefore ineligible for juvenile court in Connecticut, who are given special sentencing consideration. The Connecticut Youthful Offender classification program can only be used in adult court once and gives a youth over juvenile age a last chance to keep a conviction off of his or her record.
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Your Turn
Why do we have rules and laws?
What rules apply to my family? What are the reasons for them?
What rules apply to me? What are the reasons for them?
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YOUR TURN
YOUR TURN
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