FL Juvenile Delinquency Flashcards
The philosophy underlying the juvenile justice system is that although children may commit the same offenses as adults, due to their lack of maturity, children need a different response. The primary goal of the juvenile delinquency system is:
Rehabilitation
Children in delinquency proceedings have many of the same due process rights as adults charged with crimes. They have the right to an attorney, cross-examination, protection from self-incrimination and double-jeopardy, and proof beyond a reasonable doubt. The two rights they do not get are:
(1) Jury trial
(2) Bail
Fourth Amendment Search and Seizure principles apply, EXCEPT:
(1) Lower “reasonable suspicion” standard is enough for searches by school officials at a public school.
(2) Different analysis for admissibility of confessions - based on totality of circumstances, including age.
The Circuit Court has exclusive original jurisdiction over delinquency proceedings. These cases are often heard in the __________ division of the Circuit Court.
Juvenile
Children under the age of ___ when they commit a delinquent act are first referred to Juvenile court.
18
Once a child is charged with a delinquent act, the court can retain jurisdiction until a child turns ___. But if the child is already committed to DJJ or under a restitution order, the court generally has jurisdiction until the child turns ___ or, in the rarest of cases, _____.
19; 21; 22
Lori is arrested for shoplifting 15 days before her 18th birthday. Does the juvenile court have jurisdiction?
Yes. A juvenile court can only order probation until Lori’s 19th birthday. If the court has not yet done adjudication (trial) or disposition (sentencing) by Lori’s 19th birthday, the court loses jurisdiction.
The _________ prosecutes delinquency cases.
State Attorney
Counsel for the Child
A child is entitled to counsel at all stages of delinquency proceedings. A child (and parent) who is indigent is entitled to court-appointed counsel.
Plays a big role in recommending whether a case should go forward (intake); providing the court a numerical score that determines whether the child should be released or detained (detention); and in sentencing (disposition). Also runs assessment centers (for intake and screening), detention centers and commitment programs.
Department of Juvenile Justice (DJJ)
Issues addressed at Custody (arrest):
Should the child be detained pending trial?
Should formal charges be filed or should the child be “diverted”?
Should the child be charged as a juvenile or adult?
Issues addressed at Detention Hearing:
Should the child be detained or continue in detention.
Timeframe for Detention Hearing:
24 hours from arrest
Issues addressed at Arraignment:
Should a plea be accepted or should the case be set for trial?
Issues addressed at Adjudication (trial):
Did the child commit the delinquent act beyond a reasonable doubt?
Timeframe for Adjudication (trial):
21 days from detention
Issues addressed at Disposition (sentencing):
What is the least restrictive alternative for rehabilitation and public safety?
Timeframe for Disposition (sentencing):
15 days from adjudication
The term used in juvenile court for arrests is:
“Taken into custody”
Children taken into custody are referred to a juvenile assessment center for intake to assess the child’s needs, family situation, relative risks and most appropriate handling of the matter. Information obtained at this stage is _________________ to the court pre-adjudication without the child’s written consent.
Not admissible
A DJJ probation officer conducts a __________, in which points are assigned based on the seriousness of the charge and other factors that increase the child’s risk to the community.
Risk assessment
A child must be released from custody:
As soon as is reasonably possible
If a child is released, the person taking the child into custody must make a written report or probable cause affidavit to the juvenile probation officer ___________ after the release, stating the facts and reasons for taking the child into custody.
Within 24 hours
The State has discretion to _______ the child from formal court proceedings.
“Divert”
Diversion typically recommended by ____________ and approved by the State Attorney.
DJJ probation officers
The State agrees ____________ if the child agrees to certain conditions.
Not to prosecute
Lori’s pre-trial diversion requires that she participate in teen court. What happens if Lori successfully completes the 8-week teen court program?
Case will be dismissed
Lori attends 2 teen court session and does not show up for the rest of the program. What happens?
Can in fact be charged (brought back for further prosecution)
A _____________ is a form of diversion and can also be issued. The child may be referred for community services or appropriate intervention services.
Civil citation
A DJJ probation officer conducts a _______________ to determine whether the child can be legally detained before the first court hearing.
Detention risk assessment
A detained juvenile is not entitled to _______, but will appear before a judge for a detention hearing within 24 hours.
Bail
Children can be detained for only ____ before trial (unless waiver).
21
If not detained, children must be brought to trial within ___ days of being taken into custody or served a summons.
90
Unless committed to the highest security levels, children can only be held in detention for ____ days after being found delinquent - they have to be moved to a treatment facility.
15
What happens at the detention hearing? The Judge:
(1) explains the charges;
(2) asks questions to determine whether the child’s family can afford an attorney and, if not, appoints counsel;
(3) decides whether there is probable cause to believe that the child committed a delinquent act;
(4) decides if continued detention is necessary; and
(5) schedules a date for the “arraignment.”
What are the detention options?
(1) Home detention
(2) Non-secure detention
(3) Secure detention
Similar to house arrest.
Home detention
A less restrictive alternative to jail where child is in a home-like setting under DJJ supervision.
Non-secure detention
Locked juvenile facility operated by DJJ (akin to jail)
Secure detention
Lori is placed on home detention. She can only leave her house for school and other valid reasons approved by her probation officer. When must her trial be held?
Within 21 days
There are three methods to transfer a child to adult court:
(1) Waiver (Judge decides)
(2) Indictment (Grand Jury decides)
(3) Information (Prosecutor decides)
Prosecutor MUST request a transfer to adult court (unless written reasons are provided) if:
(1) child is 14 or older; charged with a violent offense; and previously adjudicated for a serious violent offense
(2) child is 14 or older; charged with a felony; and had three prior adjudications for felonies
Prosecutor MAY ask the Judge to transfer a child:
Over the age of 14
A child of _____ age may voluntarily request a waiver (transfer).
Any
Indictment is used for offenses punishable by:
Death or life imprisonment.
NOTE: Children cannot be sentenced to death or life without parole.
The prosecutor may seek to have the child ___________, meaning the child is transferred into adult court without judicial hearing or approval.
Direct file
The prosecutor MUST direct file if:
(1) child of any age steals a motor vehicle and causes serious injury or death. All “willing” passengers must be transferred to adult court.
(2) child 16 or 17 is charged with a violent offense and was previously adjudicated delinquent for a violent offense.
(3) child 16 or 17 is charged with a forcible felony, and has been previously adjudicated delinquent for 3 felonies - each occurring at least 45 days apart
(4) child who is 16 or 17 and possessed or discharged a firearm during commission of a serious crime
The prosecutor MAY direct file if:
(1) child is 14 or 15 and commits a serious crime; or 16 or 17 and public interest requires consideration of adult sanctions
(2) However child 16 or 17 charged with a misdemeanor can be direct filed only if previously adjudicated delinquent for 2 offenses - one of which must be a felony
If a child is found guilty or pleads guilty in adult court and is sentenced as an adult:
That child will be considered an adult for all subsequent offenses.
Larry is 16 and was adjudicated delinquent last year for shoplifting. He was hanging out with some friends when one of his friends, Eric, suggested that they steal a car to go to a party. After the party, Eric was driving the stolen car and ran over Mrs. Smith who is now in critical condition at the hospital. Can Larry’s case be transferred to adult court?
Waiver: No mandatory waiver, but discretionary may apply - look at factors.
Indictment: No - not death/life imprisonment
Information/Direct File: Yes! Willing passenger in stolen car, caused serious injury
A petition with the delinquency charges must be served on the child by _________, as well as on the child’s parents, legal custodians and guardian ad litem.
Summons
Is an answer required for arraignment?
No
Arraignment, sometimes called a soundings must be held within ____ hours after the filing of a delinquency petition if the child is detained.
48
At the hearing, the child is advised of the right to counsel, and appointed one if the child is indigent, and the child:
Enters a plea of guilty, not guilty, or no contest.
A petition was filed alleging that Luke has possession of marijuana. At arraignment, Luke says that he wants to take responsibility for his actions and enter a guilty plea. What must the court do before plea can be accepted?
(1) Advise Luke of his right to counsel and ensure he has a meaningful opportunity to consult with counsel before entering plea;
(2) Determine if factual basis for delinquent act (if no, can’t enter plea)
(3) Ensure that Luke is knowingly and intelligently waiving constitutional rights
(4) Ensure that the plea is voluntary
(5) Ensure that Luke has a full understanding of the allegations and possible consequences
A child has a constitutional right to a trial (but no right to _______)
Jury
Child may demand ________, including by deposition and exculpatory evidence.
Discovery
Charges must be proven ____________________.
Beyond a reasonable doubt
Public hearing - but court may close if:
Public interest and child are best served
Rules of evidence for ___________ apply.
Criminal cases
Adjudicatory order must be ___________.
In writing
A child may not be held in detention for ore than ___ days after entry of an order of adjudication prior to disposition.
15
The purpose of disposition (sentencing) is:
Rehabilitation - least restrictive option to rehabilitate the child and keep the public safe.
DJJ usually prepares a pre-disposition report (PDR) that includes:
(1) summary of individualized multi-disciplinary assessment - identifies and prioritized needs of child, information about child’s family, education, psychological needs, health, substance abuse and delinquency history
(2) Information about current and prior offenses
(3) Recommend placement and treatment plan 0 most appropriate residential commitment level based on assessment of risk - least restrictive alternative that reasonably ensures public safety
Disposition Hearing: All parties must be given an opportunity to speak-
Child, parents, victim, State attorney, DJJ, school, law enforcement
If the Judge does not follow DJJ recommendations regarding restrictiveness, court must provide:
Reasons by a preponderance of the evidence for decision.
Sentencing options:
(1) Probation and community service with conditions and restrictions (can include restitution - cannot exceed what child can be reasonably expected to pay)
(2) Commitment - placement in a non-residential (day-time) or residential (overnight) program - level of restrictiveness depends on level of risk. There are 5 levels based on security and community access.
Day treatment, unsupervised community access
Minimum risk non-residential
Sleeping there, unsupervised community access (can be group home)
Low risk residential
Secure facility, possible community access.
Moderate risk residential
Perimeter fencing, locked doors, may get 72 hours community access for specific reason.
High risk residential
Perimeter fencing, locked doors, no community access (juvi correctional facility)
Maximum risk residential
Sentence must be for an indeterminate period of time -
until rehabilitated. Any sentence whether probation or commitment cannot be longer than what an adult could have been sentenced to for the same offense.
Disposition - Parents:
(1) Parent can be ordered to go to counseling, parenting classes or receive services.
(2) Parent can only be ordered to participate in community service if they did not make a good faith effort to prevent the child from participating in delinquent acts.
(3) Court may order the parent to make restitution for damage caused by the child’s offense.
(4) Parent can be ordered to pay the cost of care, unless indigent.
A child (or parent) has the right to appeal adjudicatory order to:
Straight to District Court of Appeal - review by appellate judge
State may appeal certain orders including _______________.
Dismissal of Petition.
Offenses committed by children are called ___________ acts, not crimes. It includes acts that would be misdemeanors or felonies punishable by incarceration if committed by adults.
Delinquent
