Juvenile Law

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Overview of due process in Juvenile Justice

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Juvenile Law

  1. 1. For use with section 16.3
  2. 2. NOTE: there are no guarantees, only that statistics showthat of those who commit crime, there is adisproportionate number of people with the followingcircumstances abuse neglect emotionally or mentally troubled
  3. 3.  juveniles are tried in different courts (juvenile court) some older juveniles who are charged with serious crimes or are repeat offenders may be tried as adults. (GR#2: What is the primary goal of juvenile courts?) the main goal of the juvenile system is rehabilitation the guiding principle is to do whatever is in the best interest of the young people 3/4 of juvenile cases begin as arrests 1/4 are the result of a petition from a parent, school administrator, or other person in contact with the child
  4. 4. (GR#3: What are the two types of cases that juvenile courts handle?)neglect cases when juveniles are abused by their caregivers juvenile court has the power to place these youths with other families in foster homes
  5. 5. delinquency cases (GR#1: What is the term for young people who commit crimes?) “juvenile delinquents” when a juvenile commits a crime or an act considered illegal for a juvenile (though not for an adult)
  6. 6. A. Diversion or Detention (GR#4: What happens to juveniles who are diverted from the court system?)  once arrested and parents notified, the juvenile may be sent home or kept in a juvenile detention center until it is time to appear in court  special officers specifically for juvenile cases will try to divert non-violent youngsters away from the court and into rehabilitation programs:  counseling  job-training  drug-treatment  some diverted juveniles will be detained at first while the court decides what to do
  7. 7. B. The Trial 1) Preliminary Hearing  to determine if there is probable cause to believe the young person committed the crime as charged
  8. 8. B. The Trial 2) Trial (GR#5: How does the court system protect juveniles?)  juveniles do not have the right to a jury trial  the identity of the juvenile is kept secret (a sealed record)  consists of the juvenile, parents/caregiver, lawyer, judge, arresting officer, probation officer (who investigated the case)  if a juvenile is found to be delinquent, the court holds another hearing to decide the sentence
  9. 9. B. The Trial 3) Punishments  stern lecture from the judge  special training school  reformatory  treatment center  teen shelter  (GR#6: What happens when a juvenile successfully completes probation?)  if the juvenile successfully completes probation the charges will be dropped and the matter removed from their record
  10. 10. A. Precedent from In re Gault (GR#5: How does the court system protect juveniles?)  parents/guardians must be notified of the arrest as soon as possible  juvenile and parents/guardians must be notified in writing of what they’ve done  juveniles have a right to legal counsel (a lawyer)  right to confront witnesses  protection from self-incrimination

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