JUVENILE LAW

JUVENILE LAW

DEFINITION OF A CHILD

 Family Code 101.003

 A person under 18 years of age; is or has not been married; has not had the disabilities of minority removed from general purpose.  This means they have not been emancipated.

WHAT IS A JUVENILE

 A juvenile as defined by the Texas Family Codes Juvenile Justice code is a person who is ten years of age or older and under 17 years of age.

 Or someone 17 years old but under 18 who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17.

DELINQUENT CONDUCT

 Conduct other than a traffic offense that violates a penal law of the state or of the United States punishable by imprisonment.

PARENTS LIABILITIES

 FC Chapter 41.

 A parent is liable for any property damage caused by the negligent conduct of the child if the conduct is reasonably attributed to the negligent failure of the parent.

 Or the willful or malicious conduct of the child.

PARENTS LIABILITIES

 FC 41.002

 Limit of Damages  The recovery of damages by willful or malicious conduct is limited to actual damages.

 These should not exceed $25,000 per occurrence, plus court costs and reasonable attorney fees.

 FC 41.0025 talks about damage to hotel rooms.

WHEN A CHILD BREAK THE LAW

 The age of juvenile justice jurisdiction in Texas is 10 through 16.

 She/he may enter a complex world of procedures, places and people called the juvenile justice system.

 State Law strictly regulates the handling of juveniles

WHEN A CHILD BREAKS THE LAW

 Each year more than 130,000 Texas children picked up by law enforcement will enter the juvenile justice system.

 Roughly 60,000 were warned and released.

 70,000 were incarcerated or referred to juvenile probation depts.

THE JUDGE DECIDES

 For least serious offenders Deferred Prosecution is given. They get a second chance.

 Determinate Sentencing Indeterminate Sentencing

 Determinate Sentencing: for serious offenders: allows a juvenile to be confined up to 40 years, first in TYC followed by transfer to the Texas Dept. of Criminal Justice.  Indeterminate Sentencing: a judge may order juvenile to TYC where the child may be held until his of her 21 st birthday.

CERTIFICATION

 A judge can decide to “certify” a juvenile to stand trail as an adult:  at age 14 when a Capital or First Degree Felony has been committed.

 Or a 15 or 16 year old who commits any other Felony.

STATUS OFFENSES

 A status offense is an offense that would not be a crime if committed by an adult.

 Truancy  Curfew Violation  Possession of Tobacco  Possession of Alcohol

VIOLATING CURFEW

 Unlawful for a minor under 17 to be in a public place in unincorporated Williamson County.

 Monday-Friday between the hours of 12:01 a.m. and 6:00 a.m.

 Saturday and Sunday between the hours of 1:00 a.m. and 6:00a.m.

 Violated this is Class C Misdemeanor punishable by fine $50- $500.

TOBACCO VIOLATION

 If under 18 and caught with Tobacco:  Fine not to exceed $250.00.

 Required Tobacco Awareness Program.

 Suspension or Denial of D.L. or Permit

ALCOHOL VIOLATION

 Consumption of Alcohol by Minor  Possession of Alcohol by Minor  Driving Under the Influence by a Minor

CONSUMPTION

 A minor commits an offense if he consumes an alcoholic beverage.

 Defense to prosecution that minor was in the visible presence of adult parent, guardian or spouse.

 Offense is punishable by fine only $50 to $500.

POSSESSION

 A minor commits an offense if he possesses an alcoholic beverage.

 May possess while in the course of employment if permitted by TABC.

 Offense punishable by fine only $50 to $500.

DRIVING UNDER THE INFLUENCE

 A minor commits an offense when he operates a motor vehicle in a public place while having a detectable amount of alcohol in his system.

 This offense is a Class C Misdemeanor punishable by a fine only.

 With 2 prior convictions, fine is increased from not less than $500 to not more than $2000.

DRIVING UNDER THE INFLUENCE

 Confinement in jail for not to exceed 180 days; or both.

 This occurs with minors 17 and older.

 Court shall order minor to complete not less than 20 or more than 40 hours community service.

 Previous conviction could get not less than 40 or more than 60 hours community service.

COMMON JUVENILE CRIMES

 Criminal Mischief- Intentionally damaging property  Throwing eggs  Breaking Windows  Toilet papering houses  Smashing mailboxes  Some Graffiti

COMMON JUVENILE CRIMES

 Robbery- taking property of another by force or threat of bodily harm.

 Car jacking  Mugging  Bank Robbery

COMMON JUVENILE CRIMES

 Shoplifting (Theft)- Stealing by hiding merchandise in order to take it without payment.

 Clothing  Make-up items  Music (compact discs)  Theft at school (cell phones, IPODS, calculators

COMMON JUVENILE CRIMES

 Burglary- enters a habitation or vehicle without the owners consent, with intent to commit theft  Burglary of Vehicle  Burglary of building  Burglary of Habitation  Burglary of a coin operated machine.

COMMON JUVENILE CRIMES

 Graffiti- marking left by a person using aerosol paint, permanent marker, or etching  Bathrooms & Stairwells  Side of buildings  Trains

COMMON JUVENILE CRIMES

 Criminal Trespass-entering property without permission or remaining after being told to leave.

 School property  Businesses  Private property (for the purpose of poaching)

COMMON JUVENILE CRIMES

 Narcotic Offenses  Poss. of Drug Paraphernalia.

 Poss. of Marijuana.  Poss. of Dangerous drugs (i.e. Prescription Medication.

 Poss. Of Controlled Substances.

STUDENT RIGHTS

 Generally speaking, the Constitution applies equally to everyone, regardless of age, color, race, religion, or any other factor.  Minors are a special category of person  most obvious reason for this is simply age, or perhaps better stated, maturity.

 You cannot expect a child to be able to make the same decisions as an adult rights of minors can be suppressed in ways that the rights of adults simply may not be.

STUDENT RIGHTS

 There are other violations of a minor's rights that on their face don’t seem right, but for which there are many legal precedents. The most common such violations are of the rights of students.  The rights of free speech, free press, free association, and freedom from unwarranted search and seizure are points of controversy between school administrators and students, and have been for decades.

STUDENTS RIGHTS

 Reasons why courts uphold the violation of student rights.



In loco parentis

(Latin)  In place of the parents  Which means while you are at school the schools acts as your parents  Another reason has to do with the goal of school - to educate.

 If the act of a student can interfere with the educational process, that act may, in many cases, be suppressed.

 Case Law  law established by judicial decisions in particular cases, instead of by legislative action.

STUDENTS RIGHTS



Violations of Free Speech



In Tinker v Des Moines (393 US 503 [1969])

the Supreme Court said that

"[If] conduct by the student, in class or out of it, which for any reason whether it stems from time, place, or type of behavior - materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech."

 In Bethel School v Fraser (478 US 675 [1986]), the Court ruled that a school was not violating a students rights when it suspended a student for the use of crude language in a speech to a school assembly. The determination of what manner of speech in the classroom or in school assembly is inappropriate properly rests with the school board.

STUDENTS RIGHTS



Violations of Free Press

 The Supreme Court has held that schools and school administrators can censor student publications such as student newspapers. In a student newspaper, the school itself is represented in the newspaper, and by publishing a student piece, is now no longer a passive observer but an active participant. In

Hazelwood School v Kuhlmeier

(484 US 260 [1988]), the Supreme Court ruled that articles in the school paper that were counter to the educational mission of the school were subject to censorship.

STUDENTS RIGHTS



Violations of Search and Seizure Protections

 searching of student lockers, bags, and of their persons .



New Jersey v TLO

(469 US 325 [1985])  Reaffirmed the role of the school

in loco parentis

, but it also recognized that school officials are representatives of the State.

 students in public school are not able to assert the same rights as adults in other settings  In this case, a search of a student's purse, the purpose for which was to find marijuana cigarettes the student was suspected of smoking on school grounds, was upheld.

STUDENTS RIGHTS

  in

Vernonia School v Acton

(515 US 646 [1995]), drug test on student athletes were upheld when the court again used

in loco parentis

,

a lowered expectation of privacy for athletes, and the need for deterrence of drug use, particularly among athletes, as justifications for forced testing. There have been no reviews of cases of locker searches by the Supreme Court, most likely because the locker, while possibly containing personal property of the student, is itself the property of the school.

RIGHTS AND DUTIES OF PARENTS

 A parent of a child has the rights and duty to support the child with clothing, food, shelter, medical care and education (Everything else is a privilege).

 A parent also has the right to the service and earning of the child. (If you work they can take your money and if they have a family business you work for free.)