Juvenile Court
JJS - a civil system (broader variety of legal matters, aims to make youth accountable but also rehabilitative, which adult court doesn’t do
Different language in juv. ct. (Juv. v. Adult)
- delinquent = criminal
- take into custody = arrest
- petition = charge
- summons = warrant
- initial hearing = arraignment
- held in detention = jail
- hearing = trial
- adjudication = conviction
- disposition = sentencing
- placement = imprisoned
- aftercare/supervision = parole
3 types of children served in juv. court
- neglected, dependent, or abused
- incorrigible, ungovernable, wayward, or truant
- those who violate the law
some courts also have jurisdiction over adoptions, illegitimacy, & guardianship
2 factors determining jurisdiction
- age
- conduct
- some states have lowered their age of majority in order to more easily prosecute violent youth as adults (Texas proposed to move it from 14 -> 10), JC judges can waive jurisdiction and transfer to criminal court
Nathanial Abraham
age 11 - Michigan youngest American ever charged & convicted of murder, mental capacity of a 6-year-old
3 forms of custody
- released to parents/guardians
- brought before court
- taken to detention center, if needed
- if not, petition must be filed in court
- informal hearing must be held: 72 hours
- written notice of proceedings, right to counsel, & right to remain silent at hearing
Detention
youth can be detained in:
- licensed foster home or ct. approved home
- facility that’s a licensed child welfare agency
- detention home under supervision of court or another public authority/private agency
- other facilities designated by court
Intake
referral immediately to an intake unit (adjust, settle, or terminate matter)
- some cases can be waived to criminal court & children can be certified as adults
- reverse certification - criminal court has jurisdiction over serious juvenile crimes (murder, rape, etc.) but can send case back to juv. ct.
Petition
asks court to assume jurisdiction
- hearing must occur within 10 days
Summons
document regardless of when and where to appear in ct.
- served within 24 hours
3 hearings follow filing of petition
- preliminary hearing: review of charges & rights, PSI by probation officer (predisposition hearing)
- adjudicatory hearing or trial (are allegations supported? How does child plead? Admission or denial of petition?)
- disposition hearing or sentence
Guardian ad Litem
usually a lawyer, appointed by court to defend child, often used if custody is hotly contested in divorce or of there are allegations of domestic violence or child abuse, not a representation or advocate for either parent, represents child, different than court appointed attorney
Disposition
options:
- dismiss cases w/no charges
- refer to social service agency
- order restitution (personally righting a wrong) probation
- sentence to correctional facility
- death??
Death penalty
- U.S use to be 1 of 3 countries that put a person to death for a crime committed as a juvenile
- in March of 2005, U.S Sc ruled that death penalty for those that committed their crimes at underage (<18) was cruel & unusual punishment, hence barred by Constitution
- form 1973 -1997, 9 men executed for child crimes
Diversion
- channeling a referred juv. from formal court processing to an alternative
- one of the most popular diversions- community service
- making CS meaningful is very important to success
Teen court
- misdemeanor offenses handled by jury of peers
- sentence of community service, counseling, restitution, apology to victim
- most have to plead guilty before participation in teen court
Juvenile drug court
- many youths under influence at time of offense
- regular juv. cts. overwhelmed
- 1st drug court (adult) - 1989
- 1st juv. drug court - 1995
2 criteria to qualify for juv. court - substance abuse problem
- violent offense
Problems w/public offenders
- high caseloads
- high turnover
- lack of professional support
- lack computer legal research
- not bilingual
- no meeting space
Restorative justice
- rehabilitation of offenders through reconciliation w/victims
- bringing offender & victim together in controlled setting facilitated by mediator who brings about remorse (perp) and healing (victim) through discussion of feelings
Daniel Scruggs
age 12 - first time parent convicted of crime for child’s suicide
