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JUVENILE Powered By Docstoc
					Juvenile Delinquency

  Judge Ronald Christianson
Juvenile Delinquency Flow Chart
 Detained by Law Enforcement
   Custody at Juvenile Hall
     Usually for the more serious offenses
     Probation officer screening to authorize continued
     custody and court intervention
   Cite Release with date to appear in court
     Probation officer screening to determine whether
     court intervention is required
   Release without arrest
     Probation officer screening to determine whether
     court intervention is required
Detention Hearing (If minor has remained in
custody or on house arrest)

    Generally, within 3 court days of arrest
    First appearance in court
      Attorney is appointed for the minor
      Informed of charges
      Plea is entered
    Court review of custody status
      Input generally from probation, minor’s attorney
      and district attorney
    Future dates are set
      Pretrial conference and jurisdiction hearing
      Jurisdiction/Disposition Hearing (J/D)
Pre-hearing (Minor is not in custody)

    First Appearance in Court
      Attorney is appointed for the minor
      Informed of the charges
      Plea is entered
    Future dates are set
      Pretrial and jurisdiction hearings
      Jurisdiction/Disposition hearing
Fitness Hearing

   To determine whether minor will be tried as
   an adult
     Child must be at least 14, and in some cases 16 to
     be tried as an adult
     Certain serious charges can be filed directly in
     adult court by the district attorney
   Hearing must be held prior to juvenile court
   jurisdictional hearing
   If found fit, case will proceed in juvenile court
   If found unfit, case will be filed in adult court
Jurisdictional Hearing

   Trial on the charges
     Court trial, no jury
     Standard of proof is beyond a reasonable doubt
     Without time waiver, must be held within 15 court
     days if minor is in custody, or within 30 calendar
     days if out of custody
   If found true, proceed to disposition
     Set another court date
     Use previously prepared disposition report and
     hold disposition hearing immediately
   If found not true, petition is dismissed
Disposition Hearing

   Judge determines how the minor is to be
     Without a time waiver, hearing must be held within
     10 court days of jurisdiction hearing
     Court reviews probation report and takes input
     from minor’s attorney and district attorney
     Victim impact statement may be made to court
   Review date set
     Depending on the nature of the disposition ordered
     by the court, review date may be set
     Review date may or may not require minor’s
     appearance in court
Review Hearings (can be done with or without
the appearance of the minor in court)

    Court checks on progress of the minor
      Probation report
      Personal appearance in court by minor
         Additional input from minor’s attorney
      Placement facility report
      Juvenile Hall report

  Protect the public
  Provide care, guidance and treatment to the
  minor, in a manner that
    Is consistent with the minor’s best interest
    Holds the minor accountable
    Is appropriate for the circumstances
Potential Dispositions (sentence)

   Informal probation
   Formal probation
   Placement in a suitable foster care facility
   outside of the home
   Camp placement
   Div of Juvenile Justice commitment (CYA)
Things to Remember About Juvenile
  The case may resolve prior to having a court
    May be handled informally thru probation
    May not be prosecuted by the district attorney
   Court hearings are generally confidential
    Attorneys/court staff
    With court approval – persons that have an interest
    in the case or the work of the court
       EXCEPTION: Cases in which certain serious crimes are
       charged are open to the public
Since there is no jury, courtrooms are
generally smaller
Proceedings are less formal than adult court
An attorney will be representing the minor at
all of the court proceedings
  The attorney may choose not to speak with
  parents/guardians/support persons of minor
How You Can Be Most Effective

     Act as quickly as possible
     Juvenile court timelines are very short,
     especially if the minor is in custody
     Get information about the case to help
     determine your course of action
        Find out the nature of the charges
        Find out if the minor is in custody
        Find out when the next court date is
        Find out what the next court hearing is for
          (ie ~ detention, pretrial, jurisdiction, or
How You Can Be of Help

   Show that the family has a support network
   Assist with providing guidance/treatment to
   minor in areas of need that will address the
   court’s concerns
     Drugs, violence, school attendance, family
     problems, gangs, etc.
   Make sure minor accepts responsibility for
   Talk to minor’s attorney about how you may
   be able to offer help/support
What Not To Do

     Do not attempt to communicate directly
     with the judge
     Such communication is an improper ex
     parte communication
     Any such communication must and will
     be shared with all parties and may
     disclose confidential information
     NOTE: If you wish to communicate with
     the judge, do so through the minor’s
     attorney or the probation officer