Hennepin County School/Shared Social Work Project May 16, 2013 Mark Griffin

1. Hennepin County School/Shared Social Work Project May 16, 2013 Mark Griffin Senior Assistant County Attorney

2. UNDERSTANDING THE JUVENILE DELIQUENCY SYSTEM

3. What is it? What ISN’T it?

4. Not Criminal Prosecution

5. Not Child Protection

6. Blended DNA: Consequences and Best Interests of the Child.

8. The Juvenile Court Process. • Who Can Prosecuted • Offenses • Jurisdiction: Juvenile, EJJ and Certification • Victims Rights • Dispositions • Plea Negotiations

9. Who can be prosecuted in juvenile court?

10. Who can be prosecuted in juvenile court? • Anyone who commits a crime when he or she is between the ages of 10 and 17. • Children under 10 are referred to the child welfare system.

11. Are juvenile charges and court proceedings public?

12. Are juvenile charges and court proceedings public? • No, with some significant exceptions. Records and court proceedings are public only when the juvenile is charged with a felony and was 16-years or older at the time of the crime.

13. Levels of Offenses • Petty Misdemeanors • Misdemeanors • Gross Misdemeanors • Felonies

14. Most Common School Crimes • Assault • Disorderly Conduct • Theft • Drugs • Weapons

15. Levels of Offenses 2012 • Petty Offenses – 3400 • Misdemeanors – 2500 • Gross Misdemeanors – 350 • Felonies – 950 • 9000 to 10000 cases per annum.

16. Jurisdiction • Juvenile – 19 years old. • EJJ – 21 years old. • Certification to Adult court

17. What are the rights of a victim of a juvenile crime? • The Minnesota Crime Victims Act applies to victims of both juvenile and adult crime. Victims have a right to receive notice of charges, court proceedings, plea negotiations and dispositions. • The victim has a right to attend hearings and give a victim impact statement. The victim has a right to receive restitution as part of a juvenile court disposition.

18. Juvenile Dispositions • Diversion • STS/CS/counseling/CD TX • No contact order • Loss of driver’s license • Restitution • Home detention • OOHP – CHS, Red Wing • Every child is court ordered to attend school. • Probation supervision until 19

19. EJJ: One Last Chance • Serious Offenses. • Extended Probation until 21. • Juvenile Disposition with a stayed adult sentence.

20. Certification • Juveniles 14 or older. • Very serious felony offenses: Assault, weapons, robbery, CSC, homicide. • Charged by prosecutor, motion for certification. • A 16 or 17 year-old indicted for first degree murder is automatically tried as an adult. • The judge makes the decision to certify based on whether public safety can be served by keeping the child in juvenile court. • Adult disposition, including prison. • Rare – 50 in 2012.

21. Plea Negotiations

22. Why are they made? • Caseload Efficiency • 10,000 to 13,000 cases per year filed in Hennepin County Juvenile Court. • And that’s just delinquencies.

23. Why are they made? • Many cases are not in dispute. • The issue is not whether he did it but what should happen as a result.

24. Why are they made? • Certainty of outcome for the child. • Go to trial and lose or negotiate a plea and disposition.

25. Why are they made? • Evidentiary issues.

26. Why are they made? • Victim request. • Not dispositive but relevant.

27. Why is the Juvenile Court System the way it is?

28. Because the adult system is like this…

30. Mark Griffin (612) 348-5318mark.griffin@co.hennepin.mn.us