Juvenile Procedures Flashcards
The state in in its capacity as provider of protection to those unable to care for themselves
Parens Patriae
Right to a hearing before transfer of jurisdiction from family court to general sessions
Kent V. US
Extends 5th, 6th, 14th amendment to Juveniles
In re Gault
Level of proof raised to proof beyond a reasonable doubt
In re Winship
Trial by jury is not constitutionally required for juveniles
McKeiver V. PA
Extends miranda warnings to Juveniles
State V. Parker
63-19-20 anyone under 18, not to include a 17 yr old that commits a felony
Child
An offense that if the offender was an adult would not be an offense
Status offense
How can a juvenile enter the judicial system
LE or Solicitor
Lunch Buddies, Earn and Return, Think Twice
Diversion Programs
Juveniles are not arrest they are____
Taken into custody
Who can a juvenile be released to
responsible adult, foster home
63-19-203 can only be done if the offense as an adult would serve 5 years or more
Finger Printing
63-19-2020______can be done after release from a facility but not sent to SLED or FBI
Finger Printing
63-19-850 cannot transport a juvenile with an_____
adult
63-19-810 who can petition a Juvenile and who can release a juvenile after a violent offense
LE, Solicitor, Welfare board, public official
Age guidelines for detaining
10 and under cannot be detained, 11/12 by court order, 13 and up with a violent offense
How many hours can a juvenile remain in an adult facility
6 hours
How many hours can a juvenile remain in a hold over facility
48 hours
How long can a juvenile be detained for a status offense
24 hours, 72 if violating a court order
What rights are given when transferring jurisdiction from family court to general sessions
Bond, preliminary hearing, jury
Who can petition a juvenile to transfer jurisdiction to general sessions court for murder or sexual misconduct
LEO
How long does a LEO have to petition a court to transfer jurisdiction for murder or sexual misconduct
30 days
63-19-2020_____does not apply when transferring jurisdiction to general sessions
confidentiality
