juvenile justice: courts

Question 1

organization & jurisdiciton

juvenile courts

Answer 1

• structure varies from place to place
• courts are exclusively a state & county responsibility
• two aspects: delinquency & dependency

Question 2

federal jurisdiction

juvenile courts

Answer 2

fed. govt. defers to state unless:
- state doesn’t have/refuses jurisdiction
- state lacks adequate programs
- juvenile is accused of violent felony associated w/drug trafficking/inporting firearms
- there’s a substantial federal interest
DC juvenile cases use family court to avoid USAO

Question 3

entering the court

juvenile courts

Answer 3

referred to court from 2 groups
- law enforcement
- non-law enforcement entities: school, parents, probation officers

Question 4

juvenile court case flow

juvenile courts

Answer 4

multiple decisions points w/opportunities to detain, divert, and waive to adult CJS

Question 5

key players’ interests

juvenile court

Answer 5

interests vary but overall goals are:
- ensuring justice
- providing for best interest of juvenile
- moving high volume of cases through system

Question 6

key players

juvenile courts

Answer 6

• juvenile court judge
• prosecutor
• juvenile defense counsel
• juvenile intake officer
• juvenile probation officer

Question 7

roles of juvenile court judge

juvenile courts: key players

Answer 7

• rules on pretrial motions that challenge case circumstances
• decide if juvenile will be detained during processing
• ensure juvenile recieves due process
• decides if juvenile is adjudicated delinquent
• decides disposition

Question 8

the juvenile court judge

juvenile courts: key players

Answer 8

theoretically the most powerful & central JJS figure
either assigned to juvenile court on full-time basis or on a part-time rotation

Question 9

adjudication
juvenile court judge

juvenile courts: key players

Answer 9

decides based on facts of the case & culpability
approves plea bargains
juveniles don’t have the right to a jury trial

Question 10

continuum of juvenile court judges

juvenile courts: key players

Answer 10

judges range from parent figure to lawgiver
most lie somewhere between the two extremes

Question 11

the parent figure
continuum of juvenile court judges

juvenile courts: key players

Answer 11

• genuine concern for well-being of juvenile
• can overlook some formalities to support juvenile and impose structure & discipline
• main concern is addressing underlying problem to serve juvenile’s best interest
• wants the juvenile to show remorse and works w/juvenile & family to get that
• uses threats of a harsher sanction to ensure good behavior

Question 12

the lawgiver
continuum of juvenile court judges

juvenile courts: key players

Answer 12

• primary concern is fulfilling all procedural requirements
• less interest in juvenile’s personality/circumstances, more concerned with case evidence
• dispositions are based on statutory requirements
• won’t perscribe treatment if prosecutor doesn’t prove case BARD

Question 13

the prosecutor

juvenile courts: key players

Answer 13

• originally seen as harmful (process was non-adversarial) but changed w/due process revolution
• represents the state’s interest
• decides if there’s enough evidence to proceed & if case should be diverted
• might impose “unofficial probation”: withholding prosecution so long as juvenile follows guidelines

Question 14

juvenile defense counsel

juvenile courts: key players

Answer 14

• SCOTUS cases ensured juveniles are entitled to defense counsel in all delinquency proceedings
• two kinds: private (better outcomes) & court-appointed (higher workloads & limited resources)

Question 15

juvenile intake officer

juvenile courts: key players

Answer 15

• recommends to judge if case should be pursued
• > 50% of cases are dismissed/diverted
• considers the personal safety, risk of flight, and risk to community if juvenile is released

Question 16

two roles
juvenile probation officers

juvenile courts: key players

Answer 16

• craft supervision & treatment plans for juveniles on probation
• act as officers of the court by investigating juvenile’s background and making recommendations to the judge on appropriate decisions

Question 17

self-identification
juvenile probation officers

juvenile courts: key players

Answer 17

law enforcement officer: keeps community safe & does surveillance
juvenile advocate: ensures the juvenile’s rights are not violated
social worker: facilitating treatment & rehab

Question 18

juvenile probation officers

juvenile courts: key players

Answer 18

conduct background investigations that help judges make dispositional decisions
help coordinate services for juveniles

Question 19

bail

juvenile courts

Answer 19

controversial topic
some jurisdictions allow it, others do not because the juvenile is not charged with a crime so they are not entitled to bail

bail is not a big concern because states have other release mechanisms for juveniles

Question 20

juveniles vs. adults

juvenile courts: custody & detention

Answer 20

juveniles can be placed in custody for their own protection
under parens patriae a warrant is not necessary if officer has reasonable belief

Question 21

custody vs. arrest

juvenile courts: custody & detention

Answer 21

being taken into temporary custody does not constitute an official arrest

Question 22

once in custody…

juvenile courts: custody & detention

Answer 22

• juveniles are subject to being held in detention until intake officer & judge can evaluate case
• parents/guardians should be notified when juvenile is taken into custody (immediately: 12-24 hours)

Question 23

detention hearing

juvenile courts: custody & detention

Answer 23

hearing is held if juvenile is not released soon after being taken into custody
- reasonable notice must be given to parent/guardian
- court must notify juvenile of their right to counsel and to remain silent in court proceedings
- if reasonable cause for detention can’t be established, juvenile should be released

Question 24

petitions

juvenile court

Answer 24

filing of charges against a juvenile, may be brought by law enforcement or non-law enforcement sources
petitions are filed with the prosecutor, who decides whether to proceed, and if they proceed, all parties must be notified

Question 25

preliminary hearing

juvenile court: hearings

Answer 25

initial pre-adudicatory hearing where judge explores facts of the case & might appoint guardian ad litem, and detention decisions are made

Question 26

adjudicatory hearing

juvenile court: hearings

Answer 26

the fact-finding hearing to determine validity of the allegations, if judge finds that evidence supports the allegations, the child is adjudicated delinquent & placed in detention pending disposition
evidentiary standards
- status offense: preponderance of the evidence
- acts that would be criminal for adults: reasonable doubt

guilt/acquittal are less relevant than in CJS because judge will craft solutions in best interest of juvenile & society

Question 27

predisposition report
in between the hearings

juvenile court: hearings

Answer 27

between adjudicatory & dispositional hearing, juvenile probation officers obtain legal & social information to aid court determine disposition

Question 28

plea bargaining
in between the hearings

juvenile court: hearings

Answer 28

can occur at intake, adjudication, or disposition
makes the process quicker and can prevent a traumatic experience for the victim and/or defendant

Question 29

dispositional hearings

juvenile court: hearings

Answer 29

judge decides what disposition to impose on juvenile, may impose a suspended sentence
general trend is moving away from incarcerating juveniles