Unit 2 Section 2

1. Unit 2 Section 2 Procedures in Juvenile Court

2. Taking into Custody • Delinquent or Status Offenses • Police have a broad authority to release or detain the juvenile • Minor offense • Issue a warning • Release to parents • Refer case to social services • Serious offense • Detain youth • Refer to juvenile court

3. Intake • Informal process by which court officials or social workers decide if a complaint against a juvenile should be referred to juvenile court. • Decision Process • Interviewing the youth • Considering the seriousness of the offense • Past record • Family situation

4. F.Y.I. • It is estimated that as many as 1/3 of all complaints in the juvenile system are disposed of during the intake process by dismissal, diversion, or transfer. • Dismissal = case is dropped • Diversion = juvenile receives educational/treatment services without going through juvenile court • Transfer = juvenile will be charged as an adult

5. Initial or Detention Hearing • Validity of their arrest and detention • State must prove 2 things: • That an offense was committed • That there is reasonable cause to believe that the accused committed it • To detain the youth further • State must prove: • Danger to him/herself or others • Likely to runaway if released • Has past record that warrants detention • Attorney will be assigned if the juvenile does not have one • Set a date for a hearing on the facts

6. F.Y.I • The U.S. Supreme Court has held that juveniles do not have a constitutional right to bail • No bond money is set • Juvenile court may decide to either release juveniles to their parents or other adults, or to detain them until trial.

7. Preventative Detention • Purpose of protecting the community and the juveniles themselves from the consequences of future crime. • Based on a judge’s decision that a juvenile is better off in detention than in his or her own home • Supported by the U.S. Supreme Court • Federal law requires juveniles who are detained to be held separately from adults

8. Adjudicatory Hearing • When a juvenile is charged with a delinquent act • Purpose = Determines the facts of the case • Generally closed to the public • Names and details of the offense are withheld from the press • Juveniles do not have a constitutional right to a trial by jury • Juvenile is represented by an attorney • Examine and cross-examination of witnesses are allowed • Prosecution must prove guilt beyond reasonable doubt • Judge makes the final ruling

9. Dispositional Hearing • Happens when a juvenile is found delinquent (guilty) • Judge decides what the disposition (sentence) should be • Primarily based on the presentence report • Investigation done on the juvenile’s social, psychological, family, and school background

10. F.Y.I. Courts are supposed to provide for individualized treatment geared toward rehabilitating the juvenile offender. Courts often balance the needs of the offender against the obligation to protect the community Alternatives usually include probation, placement in a group home, community treatment program, or committed to a state institution

11. Probation • Most common disposition (sentence) • Usually meets with a probation officer on a regular basis • If conditions are not met, juvenile can be sent back to court for another hearing • Ordered to attend school regularly • Hold a steady job • Attend counseling sessions at a treatment center • Take weekly drug tests • Adhere to a curfew • Stay away from certain people

12. Juvenile Institutions • Serious offenses • Indeterminate length of time • Offender can be locked up for the maximum period allowed by state law. • 1-3 years • Until offender reaches the age of majority • 21 years-of-age for some states • The exact time of release is usually up to the agency that operates the institution • Problems/Concerns • Overcrowding and high numbers of minorities

13. F.Y.I. Many states have removed status offenders from large institutions and placed them in foster homes, halfway houses, or other community facilities.

14. Postdisposition • Most states give young people the right to appeal decisions of a juvenile court • The process varies from state to state • After released from an institution, a juvenile may be placed in aftercare (parole) • Aftercare = supervision by a parole officer who counsels the juvenile on education, jobs, vocational training, or other issues.

15. Having a Record Juvenile record is different from an adult record If asked, a juvenile may legally say that he or she has not been convicted of a crime – a legal term that refers only to the adult system. Juveniles that are adjudicated do not lose any civil rights

16. F.Y.I. • Some states allow some or all information of juvenile records to become public • A juvenile record also is often considered in sentencing adults • Defendants with no criminal record may still receive a harsher sentence if they have a juvenile record • In few states, juvenile records are automatically sealed or expunged (destroyed) when the juvenile reaches the age of 18 or 21, giving the individual a “clean slate” • In most states the record continues to exist unless the individual officially requests that the record be destroyed

17. Websites http://juvenile.dc4dc.com/ http://www.douglascounty-ne.gov/youthcenter/ http://www.beforeyouplea.com/ne http://www.ncc.state.ne.us/pdf/juvenile_justice_materials/JuvCourtHandbook_ENG_Text.pdf http://www.criminalattorney.com/nebraska/juvenile/ http://www.ncjj.org/State/Nebraska.aspx http://www.unomaha.edu/criminaljustice/documents/Trends_juveniles_jan09.pdf