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Juvenile Court System

Juvenile Court System. Youth Courts. Must admit to committing offense before being accepted into Youth Court Typical Offenses: Theft, Assault, Vandalism, Disorderly Conduct, Alcohol and Marijuana use. Peer Juries

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Juvenile Court System

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  1. Juvenile Court System

  2. Youth Courts Must admit to committing offense before being accepted into Youth Court Typical Offenses: Theft, Assault, Vandalism, Disorderly Conduct, Alcohol and Marijuana use. Peer Juries Sentences include community service, essays, written and oral apologies to victims, educational workshops Must serve on juries to sentence other youth offenders Form of restorative justice: repairing harm and restoring broken relationships

  3. Juvenile Courts Crimes considered delinquent acts, unless very serious and then tried as adults. Adjudication hearing: The trial of the case involves a judge hearing evidence and deciding on whether or not the minor is delinquent. No trial by jury or peers Goal of Action Taken: to rehabilitate Many kids sent to “Juvy” Have more of an informal feel from adult courts, and the attempt of formalness in youth courts

  4. Comparison Both courts do not aim to punish the child, but rather help them onto a better future and path. Youth Courts are the better option in my opinion for helping the young delinquent out. They provide a real court setting, a little embarrassment as you are being tried by kids your own age, and provide helpful opportunities to make up for their wrongdoings. Juvenile Courts are harder on you and may be better for some young kids who need to be set straight.

  5. What is Restorative Justice? • Restorative Justice: (Law) a method of dealing with convicted criminals in which they are urged to accept responsibility for their offences through meeting victims, making amends to victims or the community, etc. • In other words, the criminal pays back to the victim, victims, or the community by payment, meeting with the victim/victims, or community service.

  6. Down Sides? • One con is that the victim has to go through the pain of having to meet the criminal. Such as if it is a sexual offender, manslaughter, or other vicious crime. • The criminal might not be willing or able to be apart of the activity • The offender my not have the money to compensate the victim or community

  7. Advantages? • The criminal realizes the severity of their crime and the damage they have caused. Therefor the probability of him acting the crime again decreases • The victim/victims get closure • The victims have a chance to ask the criminal questions as to why he/she would commit it

  8. Juvenile Trial Process

  9. Step by Step Process 1. Offense Committed 2. Police Investigation 3. Petition filed in Juvenile Court or Possible Diversion- Gives juvenile the opportunity to follow special conditions, rather than officially filing charges in juvenile court. If successful charges are dropped and no record is shown. Not all charges qualify for diversion. 4. Pre-hearing- Juvenile is informed of charges and pleas guilty or not guilty 5. Bind Over Hearing- sees if juvenile should be tried as an adult 6. Pre-Trial-The prosecutor may allow the alleged juvenile offender to admit to reduced or negotiated charges . 7. Contested Hearing (Trial)- if not agreement has been reached both sides of the case will present themselves in front of a judge who will a make a decision. 8. Disposition (Sentencing)- determines what would be most beneficial for the delinquent. Solutions can include house arrest, rehabilitation or community service.

  10. What Rights Do Juveniles Have Compared to Adults? • Juveniles mostly have the same rights as adults such as: • - Right to an attorney • -Right to confront and cross-examine witness • -Privilege against self-incrimination • -Right to notice of the charges brought against them • Except for : -Trial by jury -Right to bail -Right to speedy trial -Right to self-represent • Juveniles will not be considered guilty, but rather a delinquent and instead of being imprisoned, courts give delinquents rehabilitation and probation • In serious cases, that involves rape and murder, delinquents are better off incarcerated since their sentence would end in their mid-twenties

  11. Rights Juveniles Have That Adults Don’t • Right to a phone call • Right to have their records sealed • Right to have their records expunged(erased) if the juvenile has met certain conditions • Right to notice their delinquent acts before the adjudication hearing, which is a decision that a juvenile act was or was not committed by the youth • Right to be preleased if their delinquent acts are not violent

  12. Expunging a Juvenile Record • Expunging: The juvenile file is destroyed or deleted, and is permanently gone from the court’s records • Cases in which record cant be expunge • Rape • Aggravated assault • Murder

  13. Expunging a Juvenile Record • Criteria- must be 18, cases must expugnable, and must wait until punishment has been fully served • Petition- Petition must be filed where juvenile was found guilty. • Service of Petition and Notice- a notice has to be sent out to the prosecutor of the hearings date and time. • Objection by Prosecutor- within 10 days prosecutor may object the petition. At the hearing prosecutor may argue against granting the petition. • Hearing- a hearing must be held to consider if the petition has met the proper requirements • Order-If the court finds that the petitioner has met the criteria for expunction, an order must be made to all agencies to expunge all records of the case

  14. Discussion Questions Do you believe the juvenile court system/ process is fair? Do you believe this system is beneficial to young kids and teens? Would you rather be tried in a juvenile or youth court?

  15. Citations • "NCIDS." Expunction of Juvenile Record. http://www.ncids.org/other manuals/JuvDefenderManual/JuvenileDefBook_17.pdf, n.d. Web. 16 Jan 2014. • "office of Ohio Public Defender." Sealing and Expunging Juvenile Court Records. N.p., n.d. Web. 16 Jan 2014. <http://www.opd.ohio.gov/Juvenile/JV_Sealing.htm> • "Restorative Justice." The Free Dictionary. Farlex, n.d. Web. 16 Jan. 2014. <http://www.thefreedictionary.com/restorative justice>. • McMahon, Edward, Lee Arbetman, Edward L. O'Brien, and Lee Arbetman. Street Law: A Course in Practical Law. St. Paul, MN: West Pub., 1986. Print.

  16. Quiz http://www.onlinequizcreator.com/my-dashboard/my-quizzes/item3240

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