JUVENILE JUSTICE
GENERAL JURISDICTION
STATUTE MCL 712A.1 et seq.
COURT RULES 3.901-3.950,3.980 and 3.991-3.993
AUTOMATIC WAIVER
MCL 600.606 and 764.1f
COURT RULES 6.900,6.901 et seq.
Introduction to Juvenile Law
• Delinquency proceedings are not criminal proceedings.
• The criminal statutes that are enforced against adult
offenders also apply to juvenile offenders.
• Not all the penal code penalties apply in juvenile cases.
• Juvenile court has it’s own rules of evidence.
Getting into Juvenile Court
• Petition request
• Reviewed by Intake Department
• Referred for Diversion
• Sent to Consent Docket
• Sent to Prosecutor for charging
diversion criteria for juvenile
offenders
Factors to Determine Whether to Divert a Juvenile
Before a minor is diverted, all of the following factors must be
evaluated:
“(a) The nature of the alleged offense.
“(b) The minor’s age.
“(c) The nature of the problem that led to the alleged
offense.
“(d) The minor’s character and conduct.
“(e) The minor’s behavior in school, family, and group
settings.“
(f) Any prior diversion decisions made concerning the
minor and the nature of the minor’s compliance with the
diversion agreement.” MCL 722.824(a)–(f).
DIVERSION
• No petition filed or one not authorized
• Police or court intake worker may do the following:
release minor to parent or divert the matter.
• Conference with parent and juvenile to determine which
alternatives to court action will be agreed upon.
• Diversion to a private organization to work with family
to resolve problem that resulted in police or court
interaction.
Offenses Precluding
the Use of Diversion
Juveniles accused of or charged with any of the following
“assaultive offenses” shall not be diverted:
felonious assault, violation in weapon-free school zone, MCL 750.82;
assault with intent to do great bodily harm less than murder,
MCL 750.84;
assault with intent to maim, MCL 750.86;
assault with intent to commit a felony, MCL 750.87;
assault with intent to rob while unarmed, MCL 750.88;
assault with intent to rob while armed, MCL 750.89;
first-degree murder, MCL 750.316;
second-degree murder, MCL 750.317;
manslaughter, MCL 750.321;
kidnapping, MCL 750.349;
prisoner taking another prisoner as hostage, MCL 750.349a;
kidnapping, child under 14, MCL 750.350;
mayhem, MCL 750.397;
first-degree criminal sexual conduct, MCL 750.520b;
second-degree criminal sexual conduct, MCL 750.520c;
third-degree criminal sexual conduct, MCL 750.520d;
fourth-degree criminal sexual conduct, MCL 750.520e;
assault with intent to commit criminal sexual conduct, MCL
750.520g;
armed robbery, MCL 750.529;
carjacking, MCL 750.529a; and
unarmed robbery, MCL 750.530.
MCL 722.823(3) and MCL 722.822(a).
assault with intent to murder, MCL 750.83;
Juvenile Justice Benchbook (2003–2008)
Competency
• Michigan does not have any statutory
procedures expressly dealing with competency
proceedings for juveniles
• Mental health code serves only as a guide to
assist in competency determinations.
• No express right for juvenile to be evaluated at
the forensic center.
Consent docket
• Juvenile placed on consent calendar
• Case is unofficial and juvenile receives
services from court or social service agency
• If juvenile is successful, case closed
• If juvenile is not successful then matter can be
referred to the prosecutor for a petition to be
authorized and case placed on formal docket.
FORMAL DOCKET
• Judge or referee. If case goes before a
referee, then case can be appealed to judge.
• Case before judge, then either a bench or jury
trial if case not resolved at the pretrial.
• If adjudicated a delinquent, then case
proceeds to disposition.
juvenile court DISPOSITIONs
• Warn and dismiss,
• Probation which could be up and until 19th
birthday for non life offenses. Life Offenses
designated as adult in Juvenile court then can
be up to age 21.
• Commitment to state. In Wayne County, all
juveniles committed to department of children
and family services regardless if probation or
commitment for determination as to ultimate
disposition.
additional dispositions
• Community Service
• Foster Care
• Juvenile Boot Camp
• Placement in a Private Facility or Agency
• Civil Fines
WAIVER PROCEEDINGS
• Traditional waiver: if waived under this statute,
then can only go to prison, jail or probation in
adult system. does not return to juvenile court
• Designated waiver: Juvenile can be tried as an
adult in juvenile court. Court can have
jurisdiction until 21st birthday,
• Automatic waiver, prosecutor’s decision.
prosecutor designated case
• An offense that was allegedly committed between the
juvenile’s 14th and 17th birthdays
• The offense is one that is specified under MCL
712A.2(A)(1)
COURT DESIGNATED CASE
• The offense is not a “specified” offense but the
prosecutor requests transfer of case to adult court.
• Prosecutor has burden of proving by a preponderance
of the evidence that the best interests of both the public
and the juvenile would be served by transfer to the
adult court
• The court must consider a number of factors in making
its determination.
automatic waiver
• The statute MCL 764.1f permits the prosecuting
attorney to file a complaint and warrant for a juvenile
who is at least 14 years old and has committed a
specified offense or an attempt to commit the specified
offense.
• Complaint must be filed and the juvenile arraigned in
the district court within 5 days after being detained.
Traditional waiver
• Motion for waiver filed with the court as permitted under
MCL 712A.4 and MCR 3.950.
• Phase 1 is a probable cause similar to the preliminary
examination in adult court. The court must find
probable cause that the crime was committed and the
juvenile committed it.
• Phase 11 is a hearing on whether the best interests of
the public and the juvenile would be best served by
granting the motion.
Effect of juvenile adjudications on adult
Sentencing Guidelines
PRV 3
PRV 4
Prior High Severity Juvenile Adjudications
Prior Low Severity Juvenile Adjudications
(All “prior convictions” must satisfy the 10-year gap requirements of
(All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.)
MCL 777.50.)
Pts The offender has: Instructions
Pts The offender has: Instructions
20 6 or more prior low severity juvenile adjudications.
50 3 or more prior high severity juvenile
15 5 prior low severity juvenile adjudications.
adjudications.
10 3 or 4 prior low severity juvenile adjudications.
25 2 prior high severity juvenile adjudications.
5 2 prior low severity juvenile adjudications.
10 1 prior high severity juvenile adjudication.
2 1 prior low severity juvenile adjudication.
0 No prior high severity juvenile adjudications.
0 No prior low severity juvenile adjudications.
A “prior high severity juvenile adjudication” is an
A “prior low severity juvenile adjudication” is an
adjudication for conduct that would be any of the following if
adjudication for conduct that would be any of the following if
committed by an adult, if the order of disposition was entered
committed by an adult, if the order of disposition was entered
before the commission date of the sentencing offense:
before the commission date of the sentencing offense:
• a crime listed in class M2, A, B, C, or D (or a felony under
• a crime listed in class E, F, G, or H (or a felony under
federal law or the law of another state that corresponds to a
federal law or the law of another state that corresponds to
crime listed in class M2, A, B, C, or D), or
a crime listed in class E, F, G, or H), or
• (effective January 9, 2007)* a felony that is not listed in any
• (effective January 9, 2007)* a felony that is not listed in
crime class (or a felony under federal law or the law of
any crime class (or a felony under federal law or the law
another state that does not correspond to a crime listed in
of another state that does not correspond to a crime listed
any class) that is punishable by a maximum term of
in any class) that is punishable by a maximum term of
imprisonment of 10 years or more. MCL 777.53(2).
imprisonment of less than 10 years. MCL 777.54(2).
*2006 PA 655.
*2006 PA 655.
sexual offender registration
act
• Registration is required if the court has entered an
order of disposition for a listed offense as defined in
MCL 28.722(e)(i)-(xiv) or an attempt or conspiracy to
commit any listed offense.
• The court or DHS must register the juvenile or accept
the juveniles registration as provided in MCL 28.721 et
seq. and MCL 712A.18(13).
Automatic offenses
Burning a Dwelling House MCL 750.72Assault with
intent to Murder MCL 750.83Assault with intent to
Maim MCL 750.86
Assault with intent to Rob Armed MCL 750.89Attempted Murder
MCL 750.91First Degree Murder
MCL 750.316Second Degree
Murder MCL 750.317Kidnapping
MCL 750.349First Degree CSC
MCL 750.520bRobbery Armed MCL
750.529 Carjacking MCL
750.529a
Bank Robbery MCL 750.531
Assault with intent to commit GBH MCL 750.84
Home Invasion MCL
750.110aConspiracy or Solicitation to commit any of the above
offenses.
Offenses for Prosecutor
Designation (MCL 712A.2(A)(1)
Burning a Dwelling House MCL 750.72
Assault with intent to Murder MCL 750.83
Assault with intent to Maim MCL 750.86
Attempted Murder MCL 750.91
First Degree Murder MCL 750.316
Second Degree Murder MCL 750.317
Kidnapping MCL 750.349
First Degree CSC MCL 750.520b
Robbery Armed MCL 750.529
Carjacking MCL 750.529a
Conspiracy to Murder MCL 750.157a and MCL
750.316
Solicitation to Commit Murder MCL 750.157b
crime victims rights act
Offenses to Which the Crime
Victim’sRights Act Applies
For purposes of ordering restitution, “offense” means any
criminal offense.
MCL 780.794(1)(a). For purposes other than ordering
restitution, the CVRA applies to an “offense” committed
by a juvenile. According to MCL
780.781(1)(f), an “offense” is one of the following:
an offense punishable by imprisonment for more than one
year, or an offense expressly designated by law as a
felony, or an offense expressly listed in MCL
780.781(1)(f)(ii):
• assault and battery, MCL 750.81;
• aggravated assault, MCL 750.81a;
• illegal entry, MCL 750.115;
• fourth-degree child abuse, MCL 750.136b;
• discharge of a firearm intentionally aimed at a person,
MCL 750.234;
Juvenile Justice Benchbook (2003–2008)
statutes and court rules for
juvenile proceedings
Type of Proceeding
Delinquency Cases in
Family Division,
Including Status
Offenses
Statutes: MCL 712A.1 et seq. (Juvenile Code)
MCL 722.821 et seq. (Juvenile Diversion Act)
Court Rules: MCR 3.901–3.950, 3.980, and 3.991–3.993
Personal Protection
Order Actions With
Minor Respondents in
Family Division
Statutes: Sections 2, 2a, 2c, 14, 15, 17, 17c, 18, and 26 of the Juvenile Code,
MCL 712A.1 et seq., MCL 600.2950 and 600.2950a (PPOs), MCL 600.1701 et
seq. (contempt of court), and MCL 764.15b (warrantless arrest) and 764.15c
(report requirements)
Court Rules: MCR 3.701–3.707, 3.709, 3.981–3.989, 3.993
Designated
Proceedings in Family
Division
Statutes: Sections 2d, 9a, 18, 18h, and 18i of the Juvenile Code, MCL 712A.1 et
seq.
Court Rules: MCR 3.951–3.956
“Automatic Waiver” of
Family Division
Jurisdiction
Statutes: MCL 600.606 (jurisdiction), MCL 764.1f (arraignment in district
court), MCL 769.1 et seq. (sentencing)
Court Rules: Subchapter 6.900, MCR 6.901 et seq.
“Traditional Waiver” of
Family Division
Jurisdiction
Statutes: MCL 712A.4 (Juvenile Code)
Court Rule: MCR 3.950
Juvenile Justice Benchbook MJ
Prepared and presented by
martin krohner