Juvenile Justice Chapter 10

1. Juvenile Justice Chapter 10 Juvenile Court in Action

2. Processing of Juvenile Cases • Status Offenders make up for most of the JC workload • Delinquents: although some are referred to adult criminal court depending on the offense and age of youth • Petition can be filed by anyone, but an authorized person by the JC will determine whether the petition is in the best interests of the youth or the public • In Hawaii most petitions are filed by CWS Child Welfare Services through the Attorney General’s Office, the Hawaii County Prosecutor’s Office or the youths probation officer.

3. Processing of Juvenile Cases • Petition usually contains the following: • Facts that brings child to court, within the court’s jurisdiction, with a statement that it is in the best interest of the child and the public that the proceeding be brought, and if delinquent or unruly conduct is allege, the child is in need of treatment or rehabilitation • The name, age and residence address of the child in whose behalf the petition is brought • The names and addresses, if known to the petitioner, of the parents, guardian or custodian of the child and the child’s spouse if any • Whether the child was in custody and if so the place of detention and the time it occurred

4. Processing of Juvenile Cases • Hearing • This occurs after a petition is filed and a date is set for the court/judge to hear the juvenile’s side of the story. • Usually ten days after the petition is filed • Summons: • Issued to the juvenile and guardians to appear at the hearing • Sent registered or certified mail to address of juvenile/guardians • Similar to an arrest warrant in criminal court • States that juvenile is entitled to lawyer

5. Juvenile Court Work Group • Consists of judge, Prosecutor, Defense Attorney, Probation and Guardian Ad Litum • Judge • Rules on pretrial and trial motions involving legal issues, including arrest, search and seizure, interrogation and lineup identification • Makes decisions re: continued detention • Plea Bargaining agreements and informal adjustments • Handle trials, rule on conduct, settle questions of evidence and procedure and guides questioning of witnesses • Dispositional Hearings and deciding treatment of youth • Handles waiver hearings • Handles appeals where allowable by statute

6. Juvenile Court Work Group • Juvenile prosecutor aka Petitioner • Represents interests of the state • Tend to dominate the intake process • Defense attorney aka Respondent • Represents youth in court

7. Juvenile Court Work Group • Probation Officer • Officer of the Court • Primary responsibility is the care and protection of the child, his treatment and rehabilitation • Used initially if the child is in detention or has previous status or criminal offenses • Can be assigned to juvenile by court • Makes investigations, reports and recommendations to court • Receives and examine complaints and charges of delinquency • Supervises children placed on probation • Makes referrals • Takes youth into custody and detains children under their supervision • Arranges to have children removed from the court

8. Juvenile Court Work Group • Guardian Ad Litum • Representative of the juvenile • Appointed by the JC judge for the sole purpose of representing the interest of the juvenile • Required by the Child Abuse Prevention and Treatment Act of 1974 • Most often is an attorney, but can be anyone who the juvenile court judge determines will accept that responsibility and act in the best interests of the child • CASA (Court Appointed Special Advocate for Children) • Primarily works with cases of child abuse and neglect • CASA volunteers investigate, evaluate, advocate, recommend and monitor to ensure compliance with court orders and report any changing circumstances

9. Rights of Juveniles • Rights of juveniles are the same as adults, EXCEPT right to jury, and in some states to bail • Juveniles have the right to an attorney in all stages of proceedings • Right to cross examine witnesses • Right to introduce evidence and tell their side of the story • Right to cross examine witnesses • Right to remain silent during hearing

10. 3 Types of Hearings • Conference or Preliminary Hearing • Judge informs juvenile of charges in petition, and rights during the proceeding • Determines whether an alleged juvenile should remain in detention • In detention, the judge and probation officer determines whether the child presents a threat to himself or others • Dependent, neglected or abused children may be placed in foster home • Guardian Ad Litum is appointed

11. 3 Types of Hearings • Adjudicatory Hearing • Determines whether the allegations of the petition are supported by a: • “Preponderance of the Evidence” (Status Offenses) • “Beyond a Reasonable Doubt” (Criminal Offenses) • Similar to the trial in Adult Criminal Court, EXCEPT • Determined by a Judge whether juvenile is status offender, delinquent or neither • Juvenile makes a plea: an admission or denial • If allegations are sustained, judge makes a finding of fact • Sets a date for a Dispositional Hearing (Sentencing) • Orders a Social Investigation or a Predisposition Report (Presentence Investigation)

12. 3 Types of Hearings • Predispositional Report • Done by probation officer • Provides a social and psychological study of factors that influenced juvenile’s behavior • Provides judge with social history which helps judge determine a disposition for youth • Judge is greatly influenced by this report • Contains Interviews with: • Child and family members • Psychological and psychiatric examinations of child and guardians • Interviews with employers, youth workers and clergy • Interviews with police, their reports and any witnesses • Interviews with teachers and school officials • Review of police, school and court records • Recommendation of treatment alternatives

13. Landmark Juvenile Cases Kent vs US (1966): Juvenile transfers to adult court must consider due process, represented by an attorney and attorney have access to JC records In re Gault (1967) Due process of 14th Amendment in state JC, Right to notice, counsel, against self incrimination In re Winship (1970) Beyond a reasonable Doubt for criminal cases

14. Landmark Juvenile Cases McKeiver vs Pennsylvania (1971) No jury trial Breed vs Jones (1975) Juvenile cannot be adjudicated in JC, then tried for the same offense in adult criminal court Schall vs Martin (1980) Preventive detention okay in the interests of protecting society and juveniles who might be dangerous to society or themselves

15. Common Dispositions • Informal Consent Decree • For minor or first offenses: informal hearing with judge who ask youth & guardian to agree to treatment program • Probation • Youth place under supervision and required to obey terms and conditions of JC • Home Detention: • Restricted to home in lieu of secure placement. Rules include curfew restrictions, go to school, no alcohol or drugs, notification of the parents and youth’s whereabouts • Court Ordered School Attendance: Mandatory School Attendance

16. Common Dispositions • Financial Restitution: • Order youth to make financial restitution to victim(s) • Also part of probation • Fines: Some states allow to levy fines against those above 16 years • Community Service: Require juvenile to do community service to work-off debt • Outpatient Psychotherapy • Drug and Alcohol Treatment

17. Common Dispositions • Commitment to Secure Treatment: • In serious cases judge may order youth to a long term treatment center such as: • Training School • Camp • Ranch • Group Home • State or Private Run facility • Training schools provide educational, vocational and rehabilitation programs in a secure environment

18. Common Dispositions • Commitment to a Residential Community Program • For youth who committed of a less serious nature but who still need to be removed from their homes • Community-based group homes or halfway houses • Attend school or work during the day • Live in a controlled therapeutic environment at night

19. Graduated Sanctions • Continuation of treatment alternatives that include immediate intervention, intermediate sanctions, community based correctional sanctions and secure corrections • Features certainty, speed, consistency, economy, proportionality, progressiveness and neutrality

20. Graduated Sanctions • Certainty: It responds to every infraction • Speed: The response is swift • Consistency: Similar infractions receive similar responses • Economy: The response is chosen is the minimum likely to produce the desired result • Proportionality: The level of response should equal the level of offense • Progressiveness: Continued noncompliance results in increasingly severe responses • Neutrality: responses are objective, impartial response to an offense

21. Blended Sentences • Combines both juvenile sentence and an adult sentence for juveniles who have committed serious, but not murderous crimes • If juvenile complies, then he/she gets only juvenile sentence • If noncompliance, he/she can continue on to adult corrections • Adds “teeth” to juvenile dispositions

22. Confidentiality Issues • Involves juvenile hearings, release and publication of juvenile names and juvenile court records • Overall Juvenile Court is closed to public • Some state juvenile courts allow victims, members of public/media to attend hearings for juveniles who have committed violent crimes • Since 1997, 42 states allow release of juvenile names, addresses or picture to media or general public under certain conditions

23. Confidentiality Issues • Juvenile Court Records: • Inspected by judge, officers and professional staff of the court; • Parties to the proceedings and their counsel and representatives • Public or private agency providing supervision or having custody of youth under court order • Court and probation and other officials or professional staff • Attorney for the defendant