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Juvenile Law Flashcards

Juvenile Law

1
Q

A child under 7 is considered to be capable or incapable of committing a crime?

A

Incapable because they lack the capacity to formulate the intent and threat of punishment would not service the defendant,

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2
Q

Status offenses only apply to who?

A

Juveniles

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3
Q

A police officer may take a juvenile into custody for what three reasons?

A
  1. Court order
  2. When it would be lawful to take an adult into custody
  3. If the surroundings endanger health, morals, or welfare of the child
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4
Q

After you take a juvenile into custody, you must do what?

A

Make an immediate attempt to notify the parents, guardians, or custodian of child.

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5
Q

The child may not be held in a detention facility unless completely…

A

Isolated from verbal, visual and physical contact with adult prisoners.

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6
Q

Unless the child requires immediate detention they muse be…

A

Released to the parent or guardian upon acceptance of a written promise to bring the child to court at a fixed time

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7
Q

Juveniles must remain under what, when in custody?

A

Constant visual supervision (can be a camera you’re watching) until released

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8
Q

You stop a stolen vehicle and find a 14-year-old is the driver and 18-year-old is front seat passenger and you arrest them both for having posession of a stolen vehicle. Are you able to transport them in the same vehicle?

A

No, they must be separated

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9
Q

If a juvenile is stopped for a traffic violation/civil infraction the officer may stop the juvenile and write a citation and not inform the parents. True or false?

A

TRUE

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10
Q

Status offenders and non-offenders (abused children) may not be placed in what?

A

A secure detention facility

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11
Q

Juveniles must be fingerprinted for any offense where the penalty exceeds…or if…

A

92 days and/or $1,000 fine or if required by a court order

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12
Q

Juveniles can be fingerprinted if they fail to what?

A

Produce satisfactory ID

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13
Q

Is a juvenile who is stopped for a traffic violation considered to be in custody?

A

No

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14
Q

What court has jurisdiction over juveniles

A

Family division of circuit court

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15
Q

If a serious felony is committed by a juvenile of the age of 14 or older, the Family Division of the Circuit court can file a motion to try as an adult with which of one of these 4 things?

A
  1. Prosecutor files a motion (traditional, designated, or automatic waiver)
  2. Probable cause
  3. Best interests of public
  4. Formal notice must be given
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16
Q

Do juveniles have a right to legal representation?

A

Yes

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17
Q

Which U.S Supreme court case made many rights afforded to adults afforded to juveniles?

A

In RE Gault

18
Q

The burden of proof to convict a juvenile is what?

A

Proof beyond a reasonable doubt

19
Q

During a preliminary hearing if the parents of a juvenile are unable to be located a court can do what before starting a preliminary hearing?

A

Appoint a guardian or attorney

20
Q

Does Federal law allow a juvenile a trial by jury?

A

No

21
Q

Does Michigan law allow a juvenile a trial by jury?

A

Yes

22
Q

Do juveniles have a right to bail?

A

No, they must be released unless requiring immediate detention

23
Q

MCL 722.621 et seq. Refers to what?

A

Michigan Child Protection Act

24
Q

The Michigan Child Protection Act requires a police officer to do what?

A

Report child abuse to DHHS. By phone is fine, but written within 72-hours if done by phone.

25
Q

A police officer may must also report to DHHS abuse if received via what other three things happen?

A

1) Receives allegation or written report of suspected child abuse or neglect
2) Discovers evidence or receives a report of an individual allowing a child to be exposed or to have contact with meth
3) If allegation of meth exposure was allowed by a person responsible for their health and well being

26
Q

Parents are required to provide what for a child?

A
  • Food, shelter and clothing
  • Medical care
  • Education
  • Healthy environment
27
Q

A child is a defined as a person under the age of what?

A

18

28
Q

Serious physical harm is defined as?

A

Seriously impairs the child’s health of physical well being; brain damage, skull or bone fracture, subdural hemorrhage, sprain, internal injury…etcetera.

29
Q

Child abuse 1st degree MCL 750.136b is how many years in prison?

A

Life or any term of years

30
Q

Child abuse 2nd degree MCL 750.136b is how many years in prison?

A

10 years for first offense, 20 for subsequent offense

31
Q

Child abuse 3rd degree MCL 750.136b is how many years in prison?

A

2 years first offense, 5 for subsequent offense

32
Q

Child abuse 4th degree MCL 750.136b is how many years in prison?

A

1 years first offense, 2 years subsequent offense

33
Q

Reasonable use of disciplinary force for parents allows what?

A

Steps to reasonably discipline a child, including the use of reasonable force

34
Q

Reasonable use of disciplinary force for schools allows what?

A

Use reasonable force as necessary to maintain order and control in a school or school-related setting for the purpose of providing an environment conducive to safety and learning.

35
Q

Child abonnement MCL 750.135 is how many years in prison?

A

10

36
Q

Elements of child abandonment?

A

Exposes a child under age of 6 in any street, field, house or other place with intent to injure or wholly abandon the child.

37
Q

If a child is under 72 hours old, is leaving them at an emergency service provider abonnement?

A

No

38
Q

Leaving a child under age of 6 unattended in a vehicle and no harm is done, it is a what penalty?

A

Misdemeanor 93 days in jail and up to $100 fine

39
Q

Leaving a child under age of 6 unattended in a vehicle and physical harm is done, it is a what penalty?

A

Misdemeanor 1 years in jail and up to $500 fine

40
Q

Leaving a child under age of 6 unattended in a vehicle and serious physical harm is done, it is a what penalty?

A

Felony 10 years in prison and up to $5,000 fine

41
Q

Leaving a child under age of 6 unattended in a vehicle and results in death, it is a what penalty?

A

Felony 15 years in prison and up to $10,000 fine

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