Juvenile Law Finals Flashcards
Why teach juvenile law?
Juvenile behavior is governed by impulse rather than rational thinking.
Why are juvenile laws and penalties less severe than adult ones?
Research shows that the juvenile brain is still maturing in the teen years, and reasoning and judgment develop well into the mid-20s.
What is considered a juvenile?
Any person under 18 years old.
What is delinquency?
Delinquency applies to acts that, if performed by an adult (18 years old), would be termed criminal. Ages 12-18 can be charged with ‘Delinquency.’
What is a delinquent child?
A child aged 12-18 years old.
Under 12 lacks the mental capacity to form criminal intent.
What is a youthful offender?
A juvenile aged 14-18 years old who has committed a felony and meets certain criteria.
What criteria define a youthful offender?
- Previous DYS commitment. 2. Committed certain firearms offenses. 3. Committed an offense involving serious harm.
What is a Care and Protection Order?
An order to remove children from abusive and unsafe environments.
Anyone can initiate a Care and Protection Order.
What is a mandated reporter?
A person in their profession who has reasonable cause to believe a child is suffering physical or emotional injury from abuse or neglect.
What is the duty of a mandated reporter?
They must report abuse and neglect to DCF immediately and file a written 51A within 48 hours.
Who can be a mandated reporter?
Examples include police officers, clergy, nurses, teachers, doctors, EMTs, firefighters, etc.
What is a Child Requiring Assistance (CRA)?
A person between 6 and 18 years old. The law requires children to be notified of their right to counsel upon filing an application.
What are examples of CRA cases?
- Runaway/Stubborn Child (up to parent). 2. Habitual School Offender/Habitually Truant (up to school). 3. Sexually Exploited (police must submit CRA application).
What is a Care and Protection Petition?
Any person may petition with the juvenile court on behalf of a child under 18 years old. A final judgment is due within 15 months.
What conditions warrant a Care and Protection Petition?
- Lacks proper attention of parent/guardian. 2. Parent/guardian is unwilling, incompetent, or unavailable to provide care. 3. Child is sexually exploited.
What are the police actions regarding juveniles?
- Medical attention. 2. Must file 51A, even if DCF responds. 3. Transport to police station.
What should not be done for CRA cases?
Do not handcuff or put juveniles in the wagon.
What is the procedure for transporting juveniles for CRA?
- Time for court: 4:30 PM. 2. A child may be transported to Juvenile Court or brought to the Clerk’s Office.
What must be communicated during juvenile transport?
- Exact time. 2. Location (starting point and ending point). 3. Exact mileage.
What is the right of arrest for juveniles violating CRA?
There is no right of arrest; police officers may place the child in ‘custodial protection.’
What is protective custody?
A juvenile incapacitated from alcohol intoxication may be assisted by police and taken to residence, medical facility, or police station.
What are the rules for delinquent children?
- Summons is the preferred method for bringing delinquent juveniles to court. 2. No juvenile between 14-18 shall be placed in a cell unless certified by DYS.
What are the conditions for holding a juvenile in custody?
A juvenile may not be held in police custody longer than 6 hours and should only be held long enough to complete ID and booking.
What is the exception for holding juveniles in custody?
Exception: strangulation/suffocation.
What happens after booking a juvenile?
They are transported to juvenile court (before 4:30 PM), released to parent/guardian/custodian, or transferred to the Overnight Arrest Program.
What is a Jenkins Hearing?
A hearing that occurs 24 hours after a juvenile is taken into custody.
