Juvenile Flashcards
Stationhouse adjustment
Warning juvenile about the future consequences of his continued delinquent activity and notifying juvenile’s parents about the matter. PD should keep a record of the identity of juvenile and the date and nature of offense involved consistent with record keeping procedures.
A juvenile should be taken into custody when ….
1) Commission of indictable offense
2) delinquent activity committed by juvenile identified as an impact offender
3) juvenile has charges pending or history of committing repetitive disorderly persons offenses
4) delinquent activity constitutes violation of supervisory condition of probation, parole, home detention, or suspended sentence.
5) violation of any offense in chapter 35-36
6) complaint should not be filed for petty disorderly or disorderly offenses other than repetitive disorderly offenses or disorderly persons offense involving use or possession of CDS or paraphernalia.
Prosecutor shouldn’t consent to matter being diverted when..
1) Complaint alleges a crime of first or second degree
2) complaint is filed against juvenile identified as impact offender
3) juvenile charged with indictable offense involving infliction of serious bodily injury, use or possession of a deadly weapon, or arson.
4) juvenile charges with an indictable offense and has previously been adjusted delinquent for indictable offense or has previously been diverted to a juvenile conference committee or intake conference for an indictable offense
What offenses are not subject to stationhouse adjustment
1) CDS or drug paraphernalia without the permission of the county prosecutor office Bc these offenses may be evident of a more serious drug problem requiring intervention.
2) bias offenses without permission of prosecutor
3) sexual offenses
4) resulting in serious bodily injury. Permission should only be given in cases where the criminal intent of the offender is in doubt and injuries were unintended.
5) 3rd degree offenses WITH PERMISSION OF PROSECUTOR
6) if juvenile has other charges pending in court
7) if currently on probation, parole, home detention, or other court ordered disposition.
Factors to be considered for stationhouse adjustment
1) age
2) record of prior complaints or stationhouse adjustments
3) cooperation and attitude of all parties (juvenile, parents, and victim)
What should quarterly report to prosecutor contain and NOT CONTAIN
Shouldn’t contain personal identifying information
Only contain juveniles age, ethnicity, gender, alleged offense including statutory citation
If no stationhouse adjustment is conducted indicate reasons on form
Goal of juvenile adjustments
Dedicate adequate LE to prevention and control of juvenile delinquency
Promote uniform LE policies and procedures for handling and prosecution of juvenile offenders
Ensure interests of public are properly respresented
Promote rehabilitation of juveniles involved in minor offenses whenever possible by means of early intervention instead of referring matters to court
Impact offender
Juvenile who’s chronic or repetitive offender, whose offenses if committed by an adult would constitute indictable crimes whether against persons or property
Designation of juvenile officers
At least one sworn officer
Need not be assigned full time to handle juvenile matters where the extent of juvenile delinquent activity and resources available to agency makes this impractical
If possible a unit should be established
How old should juveniles charged with a crime be to be fingerprinted and photographed
14 and older
Juveniles who are adjucated delinquent for an offense that would be a crime if committed by an adult should be what?
Fingerprinted and obtain DNA
Are juveniles eligible for a jury?
No. But they are entitled to an attorney.
What are common dispositions for juveniles?
Incarceration, short term incarceration, probation, fines, restitution, drivers license suspension or postponement, community service, mandatory sentence at some type of treatment program
In some cases court may order parents to participate in disposition or to pay for the juveniles treatment
At what age can prints be taken to compare to latent prints?
Any age. However they must be destroyed when the purpose for taking the prints has been fulfilled.
Can Juveniles charged with delinquency who are under 14 be fingerprinted?
No. However they must be escorted to proper county LE officer to get printed immediately after being adjucated of crime.
