juvenile justice: courts Flashcards
organization & jurisdiciton
juvenile courts
- structure varies from place to place
- courts are exclusively a state & county responsibility
- two aspects: delinquency & dependency
federal jurisdiction
juvenile courts
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
entering the court
juvenile courts
referred to court from 2 groups
- law enforcement
- non-law enforcement entities: school, parents, probation officers
juvenile court case flow
juvenile courts
multiple decisions points w/opportunities to detain, divert, and waive to adult CJS
key players’ interests
juvenile court
interests vary but overall goals are:
- ensuring justice
- providing for best interest of juvenile
- moving high volume of cases through system
key players
juvenile courts
- juvenile court judge
- prosecutor
- juvenile defense counsel
- juvenile intake officer
- juvenile probation officer
roles of juvenile court judge
juvenile courts: key players
- 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
the juvenile court judge
juvenile courts: key players
theoretically the most powerful & central JJS figure
either assigned to juvenile court on full-time basis or on a part-time rotation
adjudication
juvenile court judge
juvenile courts: key players
decides based on facts of the case & culpability
approves plea bargains
juveniles don’t have the right to a jury trial
continuum of juvenile court judges
juvenile courts: key players
judges range from parent figure to lawgiver
most lie somewhere between the two extremes
the parent figure
continuum of juvenile court judges
juvenile courts: key players
- 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
the lawgiver
continuum of juvenile court judges
juvenile courts: key players
- 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
the prosecutor
juvenile courts: key players
- 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
juvenile defense counsel
juvenile courts: key players
- SCOTUS cases ensured juveniles are entitled to defense counsel in all delinquency proceedings
- two kinds: private (better outcomes) & court-appointed (higher workloads & limited resources)
juvenile intake officer
juvenile courts: key players
- 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
two roles
juvenile probation officers
juvenile courts: key players
- 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
self-identification
juvenile probation officers
juvenile courts: key players
law enforcement officer: keeps community safe & does surveillance
juvenile advocate: ensures the juvenile’s rights are not violated
social worker: facilitating treatment & rehab
juvenile probation officers
juvenile courts: key players
conduct background investigations that help judges make dispositional decisions
help coordinate services for juveniles
bail
juvenile courts
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
juveniles vs. adults
juvenile courts: custody & detention
juveniles can be placed in custody for their own protection
under parens patriae a warrant is not necessary if officer has reasonable belief
custody vs. arrest
juvenile courts: custody & detention
being taken into temporary custody does not constitute an official arrest
once in custody…
juvenile courts: custody & detention
- 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)
detention hearing
juvenile courts: custody & detention
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
petitions
juvenile court
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
preliminary hearing
juvenile court: hearings
initial pre-adudicatory hearing where judge explores facts of the case & might appoint guardian ad litem, and detention decisions are made
adjudicatory hearing
juvenile court: hearings
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
predisposition report
in between the hearings
juvenile court: hearings
between adjudicatory & dispositional hearing, juvenile probation officers obtain legal & social information to aid court determine disposition
plea bargaining
in between the hearings
juvenile court: hearings
can occur at intake, adjudication, or disposition
makes the process quicker and can prevent a traumatic experience for the victim and/or defendant
dispositional hearings
juvenile court: hearings
judge decides what disposition to impose on juvenile, may impose a suspended sentence
general trend is moving away from incarcerating juveniles
