BETWEEN ARREST AND ADUDICATORY HEARING A NUMBER THINGS HAPPEN
- DETENTION DECISIONS
- RIGHT TO AN ATTORNEY
- PARENTAL NOTIFICATION
- DIVERSION
- BAIL
- PLEA BARGAINING
- WAIVER TO ADULT COURT
DETENTION CENTERS HOLD YOUTH WHO:
- AWAIT ADUDICATION
- AWAIT SENTENCE
- AWAIT ADMITTANCE TO STATE CORRECTIONAL TRAINING SCHOOL
SHELTERS ARE USED FOR
- DEPENDENT AND NEGLECTED CHILDREN
- STATUS OFFENDERS
- THEY ARE LESS RESTRICTIVE
THE NUMBER OF YOUTH IN DETENTION HAS GONE UP 15%, 19,000 HELD DAILY
22% OF ALL DELINQUENCY CASES ARE DETAINED
(THINK ABOUT THE DECISION IN "OLD ENOUGH TO DO TIME")
VERY LIKELY IN RUNAWAY CASES
TYPICALLY DETAINED MALE, OVER 15, PROPERTY CRIME
TYPICALLY DETAINED STATUS OFFENDER, FEMALE, UNDER 16, RUNAWAY
OVER HALF OF ALL DETAINEES ARE IN CALIFORNIA, MICHIGAN, OHIO, FLORIDA
DETENTION HEARINGS
- EVIDENCE OF PROBABLE CAUSE CRIME WAS COMMITTED AND ACCUSED WILL FLEE
- MUST FILE A PETITION WITHIN 24 HOURS
- PARENTAL NOTIFICATION IS REQUIRED
- DETENTION IN ADULT JAILS ("OLD ENOUGH TO DO TIME")
- RURAL AREAS WITH LACK OF FACILITIES
- EIGHT TIMES MORE LIKLEY TO COMMIT SUICIDE
- SEPERATION PROBLEM
DEINSTITUTIONALIZATION OF STATUS OFFENDERS
- REMOVAL FROM SECURE DETENTION AND ADULT JAILS
- LIMIT INTERACTION WITH SERIOUS DELINQUENTS (SIMULAR PROBLEM WITH INAPROPRIATE
- PLACEMENTS)
- REDUCE LABEL, STIGMA
- WIDENING THE NET OF CONTROL
I. INTAKE
FIRST POINT OF COURT PROCESSING
PURPOSE - IS JUVENILE COURT JURISDICTION APPROPRIATE?
IF YES, WHAT ACTION OUGHT TO BE TAKEN
PROBATION OFFICER
A. CHECKS AGE AND GEOGRAPHICAL LOCATION
B. DECIDES WHAT TO DO
ABOUT 50% ARE DIVERTED
C. COULD PLACE IN DETENTION OR HAVE PARENTS COME IN FOR INTERVIEW; MIRANDA WARNINGS ARE GIVEN (USUALLY ASKED TO SIGN FORM ABOUT RIGHTS)
ASKS QUESTIONS ABOUT SCHOOL, FAMILY, ADJUSTMENT PROBLEMS, ETC.
D. REVIEWS OPTIONS
1. DELINQUENCY PETITION
2. LECTURE AND RELEASE
3. DIVERSION
4. INFORMAL PROBATION
INFORMAL DECISIONS
a. DISMISS CHARGES
b. WARNING AND RELEASE
c. INFORMAL PROBATION WITH CONSENT DECREE
RESULTS IN DISMISSAL OR FORMAL HEARING
d. REFER TO ANOTHER AGENCY
PETITION
- FORMAL LEGAL COMPLAINT; LISTS BASIC INFORMATION ABOUT CHILD AND ALLEGED DELENQUENT ACT
- IF ADMITS TO PETITION A FORMAL HEARING IS SCHEDULED
- INFORMATION FOR TREATMENT PLAN IS GATHERED
- IF CHILD DOES NOT ADMIT GUILT
- ADUDICATION DATE IS SET
- A SOCIAL REPORT IS PREPARED (BACKGROUND INFO. KNOWN AS PREDISPOSITION REPORT)
- SUMMONSES TO ALL PARTIES ARE SENT
- RIGHT TO BAIL
- PROBLEMS WITH BAIL SYSTEM, HURTS POOR, THOSE THAT CAN'T MAKE BAIL ARE MORELY LIKELY TO BE CONVICTED
- MANY STATES REFUSE BAIL (JUVENILE CASES ARE CONSIDERED CIVIL NOT CRIMINAL)
- 57% OF PETITIONED DELINQUENCY CASES ARE ADJUDICATED
- 56% OF STATUS OFFENSES ARE ADJUDICATED
PLEA BARGAINING
- HIGH PERCENTAGE OF JUENILES ENTER GUILTY PLEAS
- AS COURTS BECOME MORE CRIMIAL LIKE, PLEA BARGAINING IS GOING UP (20% OF CASES)
- SYSTEM IS MORE ADVERSARIAL
- PROSECUTORS NOW MORE OFTEN THAN PROBATION OFFICERS
- INCREASED CASELOADS
- WHAT DOES ONE BARGAIN FOR?
- REDUCTION IN CHARGE
- DELINQUENT TO STAUS OFFENSE
- ELIMINATION OF WAIVER PRECEEDINGS
- DISPOSITIONAL PROGRAMS
II. ADJUDICATION
TO DETERMINE IF CHILD IS DELINQUENT
3 OPTIONS FOR JUDGE
A. DISMISSED
B. WITHHELD HEARING AND DIVERT
C. FIND CHILD DELINQUENT
WHEN DELINQUENT - SET DISPOSITION HEARING
HEARING IS MUCH LIKE ADULT TRIAL
PROSECUTORS ARE NEW TO JUVENILE COURT
ALMOST ALL JURISDICTIONS NOW REQUIRE THEM
CONTROL OVER INTAKE AND WAIVER DECISIONS AND PARTICIPATE IN PLEA BARGAINING
JUDGES ARE MOST POWERFUL PERSON IN JUVNILE PROCESS
MAY BE APPOINTED OR ELECTED
NATINALLY, LITTLE PRESTIGE AND LIMITED JURISDICTION (MAY ACCOUNT FOR ONE REASON THEY RRESIST DILUTING THEIR POWER)
1. PROBATION OFFICER FILLS IN INFORMATION
2. JUDGE PERFORM WAIVER INQUIRY;
(TRANSFER, WAIVER, BINDOVER, REMOVAL.. IS ALL THE SAME)
PROOF IN JUVENILE DELINQUENCY CASES IS NOW BEYOND A RESONABLE DOUBT
3. TESTIMONY
4. MAKES FINDING
- FINDING OF FACT THAT CHILD IS NOT DELINQUENT OR IN NEED OF SUPERVISION
- FINDING OF FACT THAT CHILD IN DELINQUENT OR IN NEED OF SUPERVISION
- DIMMISSES THE CASE
- INFORMAL OPTION OF CONTINUING WITHOUT A FINDING (PERMISSIBLE IN SOME JURISDICTIONS)
FEW STATES HAVE JURY TRIAL
TRIALS ARE CLOSED TO PUBLIC
DEFENSE ATTORNEYS NOT FOUND IN ALL CASES
GUARDIAN AD LITEM SERVES THE BEST INTEREST OF CHILD MOSTLY IN ABUSE, NEGECT, AND DEPENDENCY CASES
JUVENILES NOT ALWAYS INFORMED OF THEIR RIGHT TO COUNSEL
THE MORE SERIOUS THE OFFENSE THE MORE LIKELY THEY ARE TO HAVE COUNSEL
FINDINGS SHOW THAT JUVENILES WITH COUNSEL ARE MORE LIKELY TO BE INCARCERATED
III. DISPOSITION HEARING
NO RIGHT TO COUNSEL AT THIS HEARING
BIFURCATED
PSI (PRESENTENCE INVESTIGATION REPORT)
HOME LIFE, FAMILY, HEALTH, SCHOOL HISTORY, PROBLEMS, GENERAL INFORMATION ABOUT CHILD
RECOMMENDATION FOR DISPOSITION
APPEALS ARE STATUTORY (NOT A RIGHT BY CONSTITUTION FOR ADULTS OR JUVENILES)
PRIOR TO 1965 THERE WERE NOT ANY FOR JUVENILES, WHY?
NO COUNSEL
NOR WRITTEN RECORD OF TRIAL (NOW A RECORD OR TRANSCRIPT OF TRIAL IS KEPT)
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