Chapter 13 Notes

Topics: Appeal, Criminal law, Court Pages: 7 (892 words) Published: June 19, 2013
Chapter 13 Notes

Juvenile Court & its Jurisdiction

• Juvenile Court- Act in best interest of child & public

• Family Court- broader jurisdiction personal & household problems (ex. Child support, custody, paternity)

Court Case Flow:

• Cases referred to juvenile court declined as of ’05 9% from ‘97

• 73% processed were males

People in Juvenile Courtroom:

• Defense attorney-

o Juveniles have right to counsel; must be provided if facing incarceration

o Similar to defense attorneys for adults

o Important attorney & juvenile have relationship (private attorney trusted more by juvenile than public)

o Guardian ad litem- appointed by court, brought in when child’s welfare is involved to have best interest of child, many roles

• Court-Appointed Special Advocate-

o Volunteers that advise juveniles about their placement

o Link between all involved

• Public Defender Services for Children-

o Extended public defender services: all public defender program, appointed private counsel system, & combination system of public defenders & appointed private attorneys

• Prosecutor-

o Bringing case against juvenile

o Different levels

o 60 years nonexistent because thought to go against informal proceeding best for child

o Broad discretion

• Judge-

o Central person

o Big influence on other areas (EX. Probation)

o Many duties, listed on page 331

Juvenile Court Process

• Where hard big decisions are made

Release or Detain?:

• Many reasons to be detained (ex. Nowhere to go, violate probation, waiting sentence, etc.)

• Shelter care- places that feel more like home for juveniles neglected, abused, status offenders (boarding/foster homes)

• Delinquent detained in one of every 5 cases

• Typical detainee is male 16+ and charged with violent crime: Status offenses typically female under 16 and liquor law violation

• Putting kids in detention for extended amount of time is usually last resource

• Should have some sort of formal petition

• Up until 1989 juveniles were placed in adult jails because of lack of juvenile detention centers

• The Juvenile Justice & Delinquency Prevention Act of 1974 banned status offenses to be put in detention

• Juveniles get no bail because: Civil not criminal, meant as rehabilitating vs. punishment, don’t need constitutional right to bail

• Preventive detention- keeping accused in custody because suspect is danger to community

Controversial because makes juvenile look guilty

Intake Process:

• Intake- screening process of cases by court system

• Cases can be dismissed at intake or go to disposition where juvenile agrees to program/treatment

Diversion:

• Diversion- alternative to formally going through system

• Juvenile avoids labeling of delinquent

• Juveniles are chosen for diversion (factors that are looked at are past criminal offenses, type of offense, other factors such as drugs)

• Widening the net- having juveniles take part in these programs when without the programs they would have been released

• Some argue diversion doesn’t deter youth

Petition:

• Complaint- report made that starts the intake

• Petition- formal complaint, has info on juvenile and the incident

Plea & Plea Bargaining:

• 90% of adults enter plead guilty (this includes plea bargains)

• Plea bargain- get something (usually lesser charge) for admitting guilt

• No plea- child usually means juvenile doesn’t understand or doesn’t have attorney

• Juvenile denies= goes to trial

• Arguments over plea bargains for juveniles:

o Pros- low court cost & efficiency

o Cons- unregulated & unethical

Transfer to Adult Court

• Transfer process A.K.A waiver,...
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