Juvenile Justice Notes

1. Juvenile Justice Notes

2. Today’s Agenda Begin unit on Juvenile Justice - We will first seek to understand the structure of the Juvenile justice system - This will lead us to exploring various aspects of the system – positive and negative. Take a vocab sheet. We will have a lecture that covers parts of it, you are responsible for the rest.

3. Referee vs. Judge • No referee’s in the adult system Ref’s: • Not required to be an attorney • No robe but still is formal • Signs a written report of testimony of the dispositional hearing • Sends recommendations to the judge • Judge then makes a determination, signs making it an order

4. Referee Review of Findings • May review findings of the referee if; • Judge would have reached a different result if they had heard the case • A clear error of law that would have affected the outcome

5. Petitions • Complaint or written accusation that the juvenile has committed an offense • Must be verified by oath or affirmation or knowledge of facts stated • Signed and dated declaration • DOB & name are most important items on the petition • Identifies whether or not the judge is overseeing another case with the same juvenile or the family (must be reassigned to another judge)

6. Tickets • Looks like a traffic ticket (signed by officers) • Can be used like a petition • Cannot be detained with just a ticket • Only the prosecuting attorney can file a petition for a juvenile committing a criminal offense • Exceptions • Status offenses (run away, incorrigible child, truant)

7. Custody without a Court Order • To acquire physical control of a juvenile • Issue a ticket to appear in court • Accept written promise from parent they will appear • Take juvenile into custody & submit a petition if they are a danger to themselves or others • Parent cannot be located or refuses to take custody of juvenile

8. Custody with a Court Order • Petition presented to the court and probable cause established • Order to apprehend • Enter premises specified • Detain juvenile until Preliminary Hearing

9. Physical Custody by Police • Take into custody= arrest • Intake= informal process by which a court determines if a complaint against a juvenile should be referred to juvenile court (referee) • Decision usually made by interviewing the child, seriousness of the charge, criminal record, family situation • Minor= given warning, released to parents, referred to social services • Major= referred to juvenile court • Half of all cases are disposed of at this point

10. Detention • Detention= court approved removal of juvenile from parental custody • Status offenses (truancy) • Belligerent & open disobedience, defiance wayward minor • Criminal statute offenders • Civil infractions • Delinquent child (juvenile criminal)

11. Detention cont. • Juvenile under 17 taken into custody • Not be confined in jail, lockup, police station, prison, transport, or mingle with adult criminals • 15 or older & a menace to children • May be placed in jail or other detention facility for adults • By court order, sex crimes, assault or violence • 30 days only • Or as long as it takes to process case • Under 16 while under arrest juvenile must not be • Confined with an adult • No courtroom presence with an adult • Transported with an adult charged with a crime

12. What If the Courts are not Open? • Temporarily detained w/o a court order • Endangers public safety • Juvenile will most likely commit another crime • Another petition is pending • Violation of probation • Juvenile will not show up to court • Authorized by law • Parents cannot be located • Designated court person (contact person) • Judge, referee, or others when court not open • Counties must provide a facility to detain juvenile • Presumption that every child should go home with parent • Child should not be separated from families unless • Endangers public safety

13. Statutory Conditions for Removal from Parents • Home conditions • Unexcused failure to appear in court • Runaway • Placed in detention or non-secure facility (drug treatment facility) • Endangerment to public safety

14. Preliminary Inquiries • Informal review by the court to determine the appropriate action on the petition • Juvenile does not have to be present • Inquiries make up 25% of the cases

15. Preliminary Hearing • Makes up 75% of cases • State must prove • An offense was committed • Probable cause that the juvenile committed the crime • Attorney assigned • Most likely released into the custody of the parents/guardian • No bail for juveniles • Advise juvenile of rights • Read allegations in petition

16. Pretrial Hearings • “Let’s Make a Deal” • Guilty pleas go straight to disposition hearing • Motions are filed • No pleading out for assault cases • Choice of judge or jury must be made in writing

17. Adjudicatory Hearing • Adjudicatory hearing = trial • Determine the facts in the case • Determine if juvenile is delinquent or found to be involved (guilty) or non-delinquent found not to be involved (not guilty) • Names are withheld and closed to the press

18. Dispositional Hearing • Dispositional hearing=sentencing • What is in the best interest of the state and the welfare of the juvenile • Removal from home must be placed in care=to care received at home • Dispositional options • Group home Community Treatment • State institution Center • Probation restitution • Community service garnishment of wages • Attend school curfew

19. Post Disposition • Post disposition= release • Victims may appeal • Placed in aftercare=parole • Do not lose civil rights • Juvenile records are sealed

20. Aftercare • Parole officer • Violation of parole results in another petition and an order to finish sentence • Must report to officer regularly • Drug tests • School grades/attendance • Obeying the orders of the court

21. Expungement • Obliterate or destroy juvenile records • Generally courts expunge in good faith • MSP must be notified by order of the court • Juvenile must petition court to set aside offenses • Five years after disposition • Five years following release from detention • Individual is at least 24 years old