Juvenile Law

Question 1

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

Answer 1

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

Question 2

Status offenses only apply to who?

Answer 2

Juveniles

Question 3

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

Answer 3

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

Question 4

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

Answer 4

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

Question 5

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

Answer 5

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

Question 6

Unless the child requires immediate detention they muse be…

Answer 6

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

Question 7

Juveniles must remain under what, when in custody?

Answer 7

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

Question 8

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?

Answer 8

No, they must be separated

Question 9

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?

Answer 9

TRUE

Question 10

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

Answer 10

A secure detention facility

Question 11

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

Answer 11

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

Question 12

Juveniles can be fingerprinted if they fail to what?

Answer 12

Produce satisfactory ID

Question 13

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

Answer 13

No

Question 14

What court has jurisdiction over juveniles

Answer 14

Family division of circuit court

Question 15

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?

Answer 15

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

Question 16

Do juveniles have a right to legal representation?

Answer 16

Yes

Question 17

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

Answer 17

In RE Gault

Question 18

The burden of proof to convict a juvenile is what?

Answer 18

Proof beyond a reasonable doubt

Question 19

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?

Answer 19

Appoint a guardian or attorney

Question 20

Does Federal law allow a juvenile a trial by jury?

Answer 20

No

Question 21

Does Michigan law allow a juvenile a trial by jury?

Answer 21

Yes

Question 22

Do juveniles have a right to bail?

Answer 22

No, they must be released unless requiring immediate detention

Question 23

MCL 722.621 et seq. Refers to what?

Answer 23

Michigan Child Protection Act

Question 24

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

Answer 24

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

Question 25

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

Answer 25

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

Question 26

Parents are required to provide what for a child?

Answer 26

- Food, shelter and clothing - Medical care - Education - Healthy environment

Question 27

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

Answer 27

18

Question 28

Serious physical harm is defined as?

Answer 28

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

Question 29

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

Answer 29

Life or any term of years

Question 30

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

Answer 30

10 years for first offense, 20 for subsequent offense

Question 31

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

Answer 31

2 years first offense, 5 for subsequent offense

Question 32

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

Answer 32

1 years first offense, 2 years subsequent offense

Question 33

Reasonable use of disciplinary force for parents allows what?

Answer 33

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

Question 34

Reasonable use of disciplinary force for schools allows what?

Answer 34

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.

Question 35

Child abonnement MCL 750.135 is how many years in prison?

Answer 35

10

Question 36

Elements of child abandonment?

Answer 36

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

Question 37

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

Answer 37

No

Question 38

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

Answer 38

Misdemeanor 93 days in jail and up to $100 fine

Question 39

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

Answer 39

Misdemeanor 1 years in jail and up to $500 fine

Question 40

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

Answer 40

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

Question 41

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

Answer 41

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