Juvenile Justice Chapter Juvenile Justice Chapter 1010

Juvenile Court in ActionJuvenile Court in Action

Processing of Juvenile CasesProcessing of Juvenile Cases Status Offenders make up for most of the Status Offenders make up for most of the

JC workloadJC workload Delinquents: although some are referred Delinquents: although some are referred

to adult criminal court depending on the to adult criminal court depending on the offense and age of youthoffense and age of youth

Petition can be filed by anyone, but an Petition can be filed by anyone, but an authorized person by the JC will determine authorized person by the JC will determine whether the petition is in the best whether the petition is in the best interests of the youth or the publicinterests of the youth or the public In Hawaii most petitions are filed by CWS Child In Hawaii most petitions are filed by CWS Child

Welfare Services through the Attorney Welfare Services through the Attorney General’s Office, the Hawaii County General’s Office, the Hawaii County Prosecutor’s Office or the youths probation Prosecutor’s Office or the youths probation officer.officer.

Processing of Juvenile CasesProcessing of Juvenile Cases Petition usually contains the following:Petition usually contains the following:

Facts that brings child to court, within the Facts that brings child to court, within the court’s jurisdiction, with a statement that it is court’s jurisdiction, with a statement that it is in the best interest of the child and the public in the best interest of the child and the public that the proceeding be brought, and if that the proceeding be brought, and if delinquent or unruly conduct is allege, the delinquent or unruly conduct is allege, the child is in need of treatment or rehabilitationchild is in need of treatment or rehabilitation

The name, age and residence address of the The name, age and residence address of the child in whose behalf the petition is broughtchild in whose behalf the petition is brought

The names and addresses, if known to the The names and addresses, if known to the petitioner, of the parents, guardian or petitioner, of the parents, guardian or custodian of the child and the child’s spouse if custodian of the child and the child’s spouse if anyany

Whether the child was in custody and if so the Whether the child was in custody and if so the place of detention and the time it occurredplace of detention and the time it occurred

Processing of Juvenile CasesProcessing of Juvenile Cases HearingHearing

This occurs after a petition is filed and a date is This occurs after a petition is filed and a date is set for the court/judge to hear the juvenile’s set for the court/judge to hear the juvenile’s side of the story.side of the story.

Usually ten days after the petition is filedUsually ten days after the petition is filed Summons:Summons:

Issued to the juvenile and guardians to appear Issued to the juvenile and guardians to appear at the hearingat the hearing

Sent registered or certified mail to address of Sent registered or certified mail to address of juvenile/guardiansjuvenile/guardians

Similar to an arrest warrant in criminal courtSimilar to an arrest warrant in criminal court States that juvenile is entitled to lawyerStates that juvenile is entitled to lawyer

Juvenile Court Work GroupJuvenile Court Work Group Consists of judge, Prosecutor, Defense Attorney, Consists of judge, Prosecutor, Defense Attorney,

Probation and Guardian Ad LitumProbation and Guardian Ad Litum JudgeJudge

Rules on pretrial and trial motions involving legal issues, Rules on pretrial and trial motions involving legal issues, including arrest, search and seizure, interrogation and including arrest, search and seizure, interrogation and lineup identificationlineup identification

Makes decisions re: continued detention Makes decisions re: continued detention Plea Bargaining agreements and informal adjustmentsPlea Bargaining agreements and informal adjustments Handle trials, rule on conduct, settle questions of Handle trials, rule on conduct, settle questions of

evidence and procedure and guides questioning of evidence and procedure and guides questioning of witnesseswitnesses

Dispositional Hearings and deciding treatment of youthDispositional Hearings and deciding treatment of youth Handles waiver hearingsHandles waiver hearings Handles appeals where allowable by statuteHandles appeals where allowable by statute

Juvenile Court Work GroupJuvenile Court Work Group

Juvenile prosecutor aka PetitionerJuvenile prosecutor aka Petitioner Represents interests of the stateRepresents interests of the state Tend to dominate the intake processTend to dominate the intake process

Defense attorney aka RespondentDefense attorney aka Respondent Represents youth in courtRepresents youth in court

Juvenile Court Work GroupJuvenile Court Work Group Probation OfficerProbation Officer

Officer of the CourtOfficer of the Court Primary responsibility is the care and protection of the Primary responsibility is the care and protection of the

child, his treatment and rehabilitation child, his treatment and rehabilitation Used initially if the child is in detention or has previous Used initially if the child is in detention or has previous

status or criminal offensesstatus or criminal offenses Can be assigned to juvenile by courtCan be assigned to juvenile by court Makes investigations, reports and recommendations to Makes investigations, reports and recommendations to

courtcourt Receives and examine complaints and charges of Receives and examine complaints and charges of

delinquencydelinquency Supervises children placed on probationSupervises children placed on probation Makes referralsMakes referrals Takes youth into custody and detains children under Takes youth into custody and detains children under

their supervisiontheir supervision Arranges to have children removed from the courtArranges to have children removed from the court

Juvenile Court Work GroupJuvenile Court Work Group Guardian Ad LitumGuardian Ad Litum

Representative of the juvenileRepresentative of the juvenile Appointed by the JC judge for the sole purpose of Appointed by the JC judge for the sole purpose of

representing the interest of the juvenilerepresenting the interest of the juvenile Required by the Child Abuse Prevention and Required by the Child Abuse Prevention and

Treatment Act of 1974Treatment Act of 1974 Most often is an attorney, but can be anyone Most often is an attorney, but can be anyone

who the juvenile court judge determines will who the juvenile court judge determines will accept that responsibility and act in the best accept that responsibility and act in the best interests of the childinterests of the child

CASA (Court Appointed Special Advocate for CASA (Court Appointed Special Advocate for Children)Children)

Primarily works with cases of child abuse and neglectPrimarily works with cases of child abuse and neglect CASA volunteers investigate, evaluate, advocate, CASA volunteers investigate, evaluate, advocate,

recommend and monitor to ensure compliance with recommend and monitor to ensure compliance with court orders and report any changing circumstancescourt orders and report any changing circumstances

Rights of Juveniles Rights of Juveniles Rights of juveniles are the same as Rights of juveniles are the same as

adults, EXCEPT right to jury, and in adults, EXCEPT right to jury, and in some states to bailsome states to bail Juveniles have the right to an attorney in Juveniles have the right to an attorney in

all stages of proceedingsall stages of proceedings Right to cross examine witnessesRight to cross examine witnesses Right to introduce evidence and tell their Right to introduce evidence and tell their

side of the storyside of the story Right to cross examine witnessesRight to cross examine witnesses Right to remain silent during hearingRight to remain silent during hearing

3 Types of Hearings3 Types of Hearings

Conference or Preliminary HearingConference or Preliminary Hearing Judge informs juvenile of charges in petition, Judge informs juvenile of charges in petition,

and rights during the proceedingand rights during the proceeding Determines whether an alleged juvenile should Determines whether an alleged juvenile should

remain in detentionremain in detention In detention, the judge and probation officer In detention, the judge and probation officer

determines whether the child presents a threat determines whether the child presents a threat to himself or othersto himself or others

Dependent, neglected or abused children may Dependent, neglected or abused children may be placed in foster homebe placed in foster home

Guardian Ad Litum is appointed Guardian Ad Litum is appointed

3 Types of Hearings3 Types of Hearings

Adjudicatory HearingAdjudicatory Hearing Determines whether the allegations of the Determines whether the allegations of the

petition are supported by a:petition are supported by a: ““Preponderance of the Evidence” (Status Offenses)Preponderance of the Evidence” (Status Offenses) ““Beyond a Reasonable Doubt” (Criminal Offenses)Beyond a Reasonable Doubt” (Criminal Offenses) Similar to the trial in Adult Criminal Court, EXCEPTSimilar to the trial in Adult Criminal Court, EXCEPT Determined by a Judge whether juvenile is status Determined by a Judge whether juvenile is status

offender, delinquent or neitheroffender, delinquent or neither Juvenile makes a plea: an admission or denialJuvenile makes a plea: an admission or denial If allegations are sustained, judge makes a finding of If allegations are sustained, judge makes a finding of

factfact Sets a date for a Dispositional Hearing (Sentencing)Sets a date for a Dispositional Hearing (Sentencing) Orders a Social Investigation or a Predisposition Orders a Social Investigation or a Predisposition

Report (Presentence Investigation) Report (Presentence Investigation)

3 Types of Hearings3 Types of Hearings Predispositional ReportPredispositional Report

Done by probation officerDone by probation officer Provides a social and psychological study of Provides a social and psychological study of

factors that influenced juvenile’s behaviorfactors that influenced juvenile’s behavior Provides judge with social history which helps Provides judge with social history which helps

judge determine a disposition for youthjudge determine a disposition for youth Judge is greatly influenced by this reportJudge is greatly influenced by this report Contains Interviews with:Contains Interviews with:

Child and family membersChild and family members Psychological and psychiatric examinations of child Psychological and psychiatric examinations of child

and guardiansand guardians Interviews with employers, youth workers and clergyInterviews with employers, youth workers and clergy Interviews with police, their reports and any Interviews with police, their reports and any

witnesseswitnesses Interviews with teachers and school officialsInterviews with teachers and school officials Review of police, school and court recordsReview of police, school and court records Recommendation of treatment alternativesRecommendation of treatment alternatives

Landmark Juvenile CasesLandmark Juvenile CasesKent vs US (1966): Juvenile transfers to Kent vs US (1966): Juvenile transfers to

adult court must consider due process, adult court must consider due process, represented by an attorney and represented by an attorney and attorney have access to JC recordsattorney have access to JC records

In re Gault (1967) Due process of 14In re Gault (1967) Due process of 14thth Amendment in state JC, Right to notice, Amendment in state JC, Right to notice, counsel, against self incriminationcounsel, against self incrimination

In re Winship (1970) Beyond a reasonable In re Winship (1970) Beyond a reasonable Doubt for criminal casesDoubt for criminal cases

Landmark Juvenile CasesLandmark Juvenile CasesMcKeiver vs Pennsylvania (1971) No jury McKeiver vs Pennsylvania (1971) No jury

trialtrial

Breed vs Jones (1975) Juvenile cannot be Breed vs Jones (1975) Juvenile cannot be adjudicated in JC, then tried for the same adjudicated in JC, then tried for the same offense in adult criminal courtoffense in adult criminal court

Schall vs Martin (1980) Preventive detention Schall vs Martin (1980) Preventive detention okay in the interests of protecting society okay in the interests of protecting society and juveniles who might be dangerous to and juveniles who might be dangerous to society or themselvessociety or themselves

Common DispositionsCommon Dispositions Informal Consent DecreeInformal Consent Decree

For minor or first offenses: informal hearing For minor or first offenses: informal hearing with judge who ask youth & guardian to agree with judge who ask youth & guardian to agree to treatment programto treatment program

ProbationProbation Youth place under supervision and required to Youth place under supervision and required to

obey terms and conditions of JCobey terms and conditions of JC Home Detention:Home Detention:

Restricted to home in lieu of secure placement. Restricted to home in lieu of secure placement. Rules include curfew restrictions, go to school, Rules include curfew restrictions, go to school, no alcohol or drugs, notification of the parents no alcohol or drugs, notification of the parents and youth’s whereaboutsand youth’s whereabouts

Court Ordered School Attendance: Court Ordered School Attendance: Mandatory School AttendanceMandatory School Attendance

Common DispositionsCommon Dispositions

Financial Restitution:Financial Restitution: Order youth to make financial restitution Order youth to make financial restitution

to victim(s) to victim(s) Also part of probationAlso part of probation

Fines: Some states allow to levy fines Fines: Some states allow to levy fines against those above 16 yearsagainst those above 16 years

Community Service: Require juvenile Community Service: Require juvenile to do community service to work-off to do community service to work-off debtdebt

Outpatient PsychotherapyOutpatient Psychotherapy Drug and Alcohol TreatmentDrug and Alcohol Treatment

Common DispositionsCommon Dispositions

Commitment to Secure Treatment:Commitment to Secure Treatment: In serious cases judge may order youth In serious cases judge may order youth

to a long term treatment center such as:to a long term treatment center such as: Training SchoolTraining School CampCamp RanchRanch Group HomeGroup Home State or Private Run facilityState or Private Run facility Training schools provide educational, Training schools provide educational,

vocational and rehabilitation programs in a vocational and rehabilitation programs in a secure environmentsecure environment

Common DispositionsCommon Dispositions

Commitment to a Residential Commitment to a Residential Community ProgramCommunity Program For youth who committed of a less For youth who committed of a less

serious nature but who still need to be serious nature but who still need to be removed from their homesremoved from their homes

Community-based group homes or Community-based group homes or halfway houseshalfway houses

Attend school or work during the day Attend school or work during the day Live in a controlled therapeutic Live in a controlled therapeutic

environment at nightenvironment at night

Graduated SanctionsGraduated Sanctions

Continuation of treatment Continuation of treatment alternatives that include immediate alternatives that include immediate intervention, intermediate sanctions, intervention, intermediate sanctions, community based correctional community based correctional sanctions and secure correctionssanctions and secure corrections Features certainty, speed, consistency, Features certainty, speed, consistency,

economy, proportionality, economy, proportionality, progressiveness and neutralityprogressiveness and neutrality

Graduated SanctionsGraduated Sanctions Certainty: It responds to every infractionCertainty: It responds to every infraction Speed: The response is swiftSpeed: The response is swift Consistency: Similar infractions receive Consistency: Similar infractions receive

similar responsessimilar responses Economy: The response is chosen is the Economy: The response is chosen is the

minimum likely to produce the desired minimum likely to produce the desired resultresult

Proportionality: The level of response Proportionality: The level of response should equal the level of offenseshould equal the level of offense

Progressiveness: Continued noncompliance Progressiveness: Continued noncompliance results in increasingly severe responsesresults in increasingly severe responses

Neutrality: responses are objective, Neutrality: responses are objective, impartial response to an offense impartial response to an offense

Blended SentencesBlended Sentences

Combines both juvenile sentence and Combines both juvenile sentence and an adult sentence for juveniles who an adult sentence for juveniles who have committed serious, but not have committed serious, but not murderous crimesmurderous crimes

If juvenile complies, then he/she gets If juvenile complies, then he/she gets only juvenile sentenceonly juvenile sentence

If noncompliance, he/she can If noncompliance, he/she can continue on to adult correctionscontinue on to adult corrections

Adds “teeth” to juvenile dispositionsAdds “teeth” to juvenile dispositions

Confidentiality IssuesConfidentiality Issues

Involves juvenile hearings, release and Involves juvenile hearings, release and publication of juvenile names and juvenile publication of juvenile names and juvenile court recordscourt records

Overall Juvenile Court is closed to publicOverall Juvenile Court is closed to public Some state juvenile courts allow victims, Some state juvenile courts allow victims,

members of public/media to attend hearings members of public/media to attend hearings for juveniles who have committed violent for juveniles who have committed violent crimescrimes

Since 1997, 42 states allow release of Since 1997, 42 states allow release of juvenile names, addresses or picture to media juvenile names, addresses or picture to media or general public under certain conditions or general public under certain conditions

Confidentiality IssuesConfidentiality Issues

Juvenile Court Records:Juvenile Court Records: Inspected by judge, officers and Inspected by judge, officers and

professional staff of the court;professional staff of the court; Parties to the proceedings and their Parties to the proceedings and their

counsel and representativescounsel and representatives Public or private agency providing Public or private agency providing

supervision or having custody of youth supervision or having custody of youth under court orderunder court order

Court and probation and other officials or Court and probation and other officials or professional staffprofessional staff

Attorney for the defendantAttorney for the defendant