I. Introduction Flashcards
What is the primary goal of the juvenile delinquency system?
Rehabilitation
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
Children in delinquency proceedings have many of the same _________________ 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 _____________________. The two rights they do not get are:
Due process
Reasonable doubt
Right to bail
Right to jury trial
Fourth Amendment Search and Seizure principle apply, except:
- A lower “reasonable suspicion” standard is enough for searches by school officials at public schools.
- Different analysis for admissibility of confessions - based on totality of the circumstances, including age.
The ____________ Court has exclusive original jurisdiction over delinquency proceedings. These cases are often heard in the ______________ division of the ____________ Court.
Circuit
Juvenile
Circuit
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 retains jurisdiction to dispose of the case until a child turns _______. The Court retains jurisdiction over a child on _______________ until the child reaches 19 years of age, and over a child committed to the department until the child reaches _______ years of age.
19
Probation
21
The ___________________ prosecutes delinquency cases.
State Attorney
Is a child entitled to counsel? If so, when?
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.
What is the Department of Juvenile Justice (DJJ)? What does it do?
DJJ 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). The DJJ also runs assessment centers (for intake and screening), detention centers and commitment programs.
What hearings or event are involved in delinquent proceedings? Timeframe?
- Custody (arrest)
- Detention Hearing - 24 hours from arrest
- Arraignment
- Adjudication (trial) - 21 days from detention
- Disposition (sentencing) - 15 days from adjudication