Transcript Juvenile Justice Chapter 10

Juvenile Justice Chapter
10
Juvenile Court in Action
Processing of Juvenile Cases
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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
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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.
Processing of Juvenile Cases
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Petition usually contains the following:
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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
Processing of Juvenile Cases
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Hearing
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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:
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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
Juvenile Court Work Group
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Consists of judge, Prosecutor, Defense Attorney,
Probation and Guardian Ad Litum
Judge
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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
Juvenile Court Work Group
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Juvenile prosecutor aka Petitioner
Represents interests of the state
 Tend to dominate the intake process
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Defense attorney aka Respondent
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Represents youth in court
Juvenile Court Work Group
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Probation Officer
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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
Juvenile Court Work Group
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Guardian Ad Litum
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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)
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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
Rights of Juveniles
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Rights of juveniles are the same as adults,
EXCEPT right to jury, and in some states to
bail
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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
3 Types of Hearings
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Conference or Preliminary Hearing
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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
3 Types of Hearings
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Adjudicatory Hearing
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Determines whether the allegations of the petition are
supported by a:
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“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)
3 Types of Hearings
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Predispositional Report
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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:
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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
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
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
Common Dispositions
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Informal Consent Decree
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Probation
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Youth place under supervision and required to obey
terms and conditions of JC
Home Detention:
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For minor or first offenses: informal hearing with
judge who ask youth & guardian to agree to
treatment program
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
Common Dispositions
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Financial Restitution:
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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
Common Dispositions
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Commitment to Secure Treatment:
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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
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Common Dispositions
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Commitment to a Residential Community
Program
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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
Graduated Sanctions
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Continuation of treatment alternatives that
include immediate intervention,
intermediate sanctions, community based
correctional sanctions and secure
corrections
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Features certainty, speed, consistency,
economy, proportionality, progressiveness and
neutrality
Graduated Sanctions
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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
Blended Sentences
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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
Confidentiality Issues
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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
Confidentiality Issues
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Juvenile Court Records:
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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