Week 8/Other Flashcards
prosecutors
authorized to file cases that involve youth directly in the criminal court
- Prosecutors have more discretion in determining who is retained under the juvenile court jurisdiction and who will be moved to the adult criminal court
- Most powerful one in the room
- Usually the judge who could do this
juveniles have acquired more legal rights
prosecutors have demonstrated that they are sensitive to these rights and constitutional safeguards
effects of standard of proof - beyond a reasonable doubt
For juvenile court prosecutors, adopting the standard of proof beyond a reasonable doubt made their cases more difficult to prove, even with a bench trial
confidentiality changes
There is a trend toward more open proceedings and fewer restrictions on confidentiality today
Means that the confidentiality privilege juvenile offenders had for many decades has eroded
confidentiality privilege
Right between the defendant and his/her attorney in which certain information cannot be disclosed to prosecutors or other because of the attorney-client relationship
How prosecutor asses how to best proceed in a juvenile case
they look at:
Age of the juvenile
Seriousness of the offense
The prior record of the youth
Cognitive ability
The evidence
Community sentiment
prosecutors may delay charges
Need for further testing and diagnosis - competency
Court caseload backlogs, crowded court dockets, insufficient prosecutorial staff, excessive paperwork
community prosecution
Based on the premise that prosecutors’ responsibilities extend beyond prosecuting cases
Deal with public safety issues, deter criminal activity, and enhance the public’s belief in the system
what right do juveniles not have
Juveniles have no federal constitutional right to a speedy trial
- Slow process at times
without prejudice
To dismiss charges, but those same charges can be brought again later against the defendant
(if professionals in the jj system did not comply with time standards of filing REPORTS)
with prejudice
To dismiss charges and the prosecutors cannot relief charges against the same offenders
(if it did not comply within time periods of filing CHARGES)
Why should the juvenile justice process be accelerated?
- Adolescence is a critical period during which youth undergo many changes
- JJ cases are serious to warrant more court time
Recommended that JJ case processing time be decreased in an effort to move the disposition closer to the time when the offense was committed
today
every juvenile court jurisdiction provides defense counsel for juveniles and their families who cannot afford to retain private counsel, especially for more serious cases in which incarceration is a strong possibility
attorneys
Attorneys represent youth interests and attempt to ensure that their constitutional rights are observed at each stage of the juvenile process
- May affect the informal nature of intake
The goal of defense attorneys in JJ courts is to ensure that due process is fulfilled by all participants
- The most primary advocates
problems with public defenders
Limited resources of public defender offices, the increased caseloads of public defenders for juveniles in many jurisdictions, and the ability of youth to waive the right to counsel
