Juvenile Law Flashcards
Juvenile Law
A child under 7 is considered to be capable or incapable of committing a crime?
Incapable because they lack the capacity to formulate the intent and threat of punishment would not service the defendant,
Status offenses only apply to who?
Juveniles
A police officer may take a juvenile into custody for what three reasons?
- Court order
- When it would be lawful to take an adult into custody
- If the surroundings endanger health, morals, or welfare of the child
After you take a juvenile into custody, you must do what?
Make an immediate attempt to notify the parents, guardians, or custodian of child.
The child may not be held in a detention facility unless completely…
Isolated from verbal, visual and physical contact with adult prisoners.
Unless the child requires immediate detention they muse be…
Released to the parent or guardian upon acceptance of a written promise to bring the child to court at a fixed time
Juveniles must remain under what, when in custody?
Constant visual supervision (can be a camera you’re watching) until released
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?
No, they must be separated
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?
TRUE
Status offenders and non-offenders (abused children) may not be placed in what?
A secure detention facility
Juveniles must be fingerprinted for any offense where the penalty exceeds…or if…
92 days and/or $1,000 fine or if required by a court order
Juveniles can be fingerprinted if they fail to what?
Produce satisfactory ID
Is a juvenile who is stopped for a traffic violation considered to be in custody?
No
What court has jurisdiction over juveniles
Family division of circuit court
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?
- Prosecutor files a motion (traditional, designated, or automatic waiver)
- Probable cause
- Best interests of public
- Formal notice must be given
Do juveniles have a right to legal representation?
Yes
Which U.S Supreme court case made many rights afforded to adults afforded to juveniles?
In RE Gault
The burden of proof to convict a juvenile is what?
Proof beyond a reasonable doubt
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?
Appoint a guardian or attorney
Does Federal law allow a juvenile a trial by jury?
No
Does Michigan law allow a juvenile a trial by jury?
Yes
Do juveniles have a right to bail?
No, they must be released unless requiring immediate detention
MCL 722.621 et seq. Refers to what?
Michigan Child Protection Act
The Michigan Child Protection Act requires a police officer to do what?
Report child abuse to DHHS. By phone is fine, but written within 72-hours if done by phone.
A police officer may must also report to DHHS abuse if received via what other three things happen?
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
Parents are required to provide what for a child?
- Food, shelter and clothing
- Medical care
- Education
- Healthy environment
A child is a defined as a person under the age of what?
18
Serious physical harm is defined as?
Seriously impairs the child’s health of physical well being; brain damage, skull or bone fracture, subdural hemorrhage, sprain, internal injury…etcetera.
Child abuse 1st degree MCL 750.136b is how many years in prison?
Life or any term of years
Child abuse 2nd degree MCL 750.136b is how many years in prison?
10 years for first offense, 20 for subsequent offense
Child abuse 3rd degree MCL 750.136b is how many years in prison?
2 years first offense, 5 for subsequent offense
Child abuse 4th degree MCL 750.136b is how many years in prison?
1 years first offense, 2 years subsequent offense
Reasonable use of disciplinary force for parents allows what?
Steps to reasonably discipline a child, including the use of reasonable force
Reasonable use of disciplinary force for schools allows what?
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.
Child abonnement MCL 750.135 is how many years in prison?
10
Elements of child abandonment?
Exposes a child under age of 6 in any street, field, house or other place with intent to injure or wholly abandon the child.
If a child is under 72 hours old, is leaving them at an emergency service provider abonnement?
No
Leaving a child under age of 6 unattended in a vehicle and no harm is done, it is a what penalty?
Misdemeanor 93 days in jail and up to $100 fine
Leaving a child under age of 6 unattended in a vehicle and physical harm is done, it is a what penalty?
Misdemeanor 1 years in jail and up to $500 fine
Leaving a child under age of 6 unattended in a vehicle and serious physical harm is done, it is a what penalty?
Felony 10 years in prison and up to $5,000 fine
Leaving a child under age of 6 unattended in a vehicle and results in death, it is a what penalty?
Felony 15 years in prison and up to $10,000 fine
