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)