Juvenille Procedures Flashcards
True or False: South Carolina is a common law state.
True
What is Parens Patriae?
Is defined when the parents cannot take care of their children so the state takes over.
What did Kent v. United States establish for juveniles?
Right to a hearing before transfer, Right to counsel, Right to access of records
In Re-Gault extended which amendments to juveniles?
5th, 6th, and 14th amendments
True or False: Family court in South Carolina is a civil court.
True
What standard of proof was established for juveniles in In Re Winship?
Burden of proof
What did McKeiver V. Pennsylvania rule regarding trials?
Trial by jury is not required, Jury does not have to be by their peers, In family court there are no jury trials
State V. Parker addresses what issue?
A minor’s waiver of his rights, An officer does not need the permission of parents to interview a child
What is the definition of a child or juvenile?
Person less than 18 years of age
What is a Status Offense?
An offense which would not be a misdemeanor or felony if committed by an adult
Give examples of diversion programs for juveniles.
- Lunch Buddies
- GREAT
- Choices
- Project Adopt-A-Class
- Think Twice
- Community Juvenile Arbitration Program
- Earn and Return
What are Custody Procedures for juveniles?
Taking into custody (not arrest),
Jurisdiction of the court attaches from custody, Charges are on the petition
The Custodial Promise or Custodial release form is AKA?
The written promise
Procedures concerning juveniles should include which actions?
- Handcuffed
- Searched
- May be photographed
What is the policy on fingerprinting juveniles by the Department?
DJJ may fingerprint and photograph but REMAIN CONFIDENTIAL
What juveniles must be fingerprinted?
Committing a crime of 5 years or more
True or False: No child may be transported to a juvenile detention facility in a police vehicle which also has adults under arrest.
True
True or False: If taking a child into custody an officer must notify the authorized representative of DJJ?
True
What must you state in an Officer’s report?
Facts of the offense and reasons why child was not released to the parents
What are Petitions in the context of juvenile procedures?
Charging document for family court
What are the age guidelines for Pretrial Detention?
- 10 and under must not be incarcerated
- 11 and 12 requires a court order
What are the 13 to 17 age guidelines for detention?
- Charged w a crime that would be a misdemeanor/felony
- Already detained/probation
- Record of failure to appear
- Record of violent conduct
- Adjudications for other felonies or misdemeanors
- Fugitive
- Request protection
- Possession of deadly weapon
- Failure to comply
- No suitable alternative placement
- Charged w ABHAN
Juveniles may be held in non-secure custody within law enforcement centers for which reasons?
Investigative purposes
What are the holdover times for a juvenile?
Adult-6 hours
