Week 6 review Flashcards
how many full time judges are there in the juvenile division?
5
how do juvenile court judges get their positions?
they are elected by the governor
is there a jury in juvenile court proceedings?
no, all trials are bench trials
T/F: the rules of evidence in juvenile cases are the same as criminal adult cases
true
what is the goal of adult court?
punitive
what is the goal of juvenile court?
rehabilitative
who is a juvenile?
anyone under age 18
what type of crimes start in adult court but may be transferred to juvenile courts?
class 1 or class 2 felonies
who can never be charged as an adult?
juveniles under age 14
which cases start in juvenile court and then may be transferred to adult court?
class 3 or class 4 felonies
what are the 2 tracks in the juvenile system?
(1) juvenile justice track and (2) child welfare system
what are the 3 decisions a juvenile division prosecutor can make in the juvenile justice track?
- decline (nolle prosequi)
- diversion
- file a case against the juvenile
why would a prosecutor decline to prosecute a case?
insufficient evidence
if a juvenile is cited for a misdemeanor, which court do they go through?
adult court
of the 3 decisions a juvenile division prosecutor can make, what is the most common?
diversion
where does diversion start?
at the juvenile assessment center (JAC)
what happens once a juvenile completes diversion?
the record is sealed (the incident is deemed to never have occurred)
what is the purpose behind diversion?
completely rehabilitate the juvenile
when a juvenile is booked, what is that called
detention (as opposed to incarceration for adults)
how long can a juvenile be detained?
until the next day
does detention count as time served?
no
what are status offenses?
offenses that are illegal b/c of the offender’s age (ex. underage drinking of alcohol)
what is the child welfare system track used for
abuse and neglect cases
who are the only people that can remove victims of abuse w/out a court order?
the police (and only exigent circumstances)
what is crossover?
when a juvenile is in both the juvenile justice track and the child welfare system
what is the accredited child welfare center in Omaha?
project harmony
what motion is filed by the state to terminate parental rights?
motion to terminate parental rights
what is the BOP in a motion to terminate parental right?
clear and convincing evidence
what happens when a motion to terminate is granted?
all parental ties are severed
what is the BOP for child welfare cases
preponderance of the evidence
what is the purpose behind the child welfare system?
make the parent a better parent
what is a common drug charge seen in the child welfare system?
drug charges when the child is born w/ meth in system
what is a trial called in the juvenile court system?
adjudication
what is the difference b/t detained and incarcerated?
detained applies for kids and incarceration is for adults
what are the 3 most common status offenses?
(1) alcohol
(2) truancy
(3) runaway
what is one facility in Omaha that is a group home that is nationally recognized?
Boys Town
