Home > Flashcards > Print Preview
The flashcards below were created by user
on FreezingBlue Flashcards. What would you like to do?
Thematic Tensions in Juvenile Law
Discretion vs. Mandatory Outcomes
Treatment vs. Punishment
Immaturity vs. Culpability
Active Care vs. Due Process Rights
Rhetoric vs. Reality
19th Century Progressives distinguished Juvenile Courts from Criminal Courts by :
Individualized Rehabilitation & Treatment
Civil Nature of the Court
Informal procedures preferred
Taken into Custody
Petition of Delinquency
Complaint, Indictment, Information filed
Adjudication--finding of Involvement (delinquency)
Conviction or Acquittal
Placed in Training School, Reformatory, Group Home
Jurisdiction of Juvenile Court
- Original & Exclusive = Status Offenses.
- _No RT to Appeal (unless constitutional issues).
- Original & Exclusive = Most Delinquent Acts (unless waiver).
- _No RT to appeal (unless constitutional issues)
5 ways that Juvi Ct is Diff. From Crim.CT.
1. Individualized Treatment/Rehabilitation (not offense based but offender based).
2. Civil Jx (based on parens patrinae doctrine as developed by the English Ct of Chancery.
3 Informal Procedures (avoid confusing child)
4. Confidential ( avoids stigma)
5. Incapacitation (separate from adults)
- In Prosecutorial Direct File = K may use their discretion in deciding whether to file petition or file information in Crim.Ct if:
- 1) 14 years (at least)
- 2) Offense (specific type)
- 3) Public Interest requires adult sanction
*certain fed.offenses = Fed. K can file in fed ct or transfer to ST ct.
Juvenile Due Process Rts:
- _PC to arrest/search
- *Delinquency Act
- * Status Offense
- * Obstruction of Justice.
- * Once petition is filed ONLY*
- *Earliest practicable time+
- *sufficient to permit preparation.
- *Adequate = (state conduct or charges & * Must be accurate/not misleading)
- Variance Objection Defense--the inclusion of conduct or charges in ct, not found within the petition, do not permit sufficient notice to prepare defense.
- _5th Amendment (RT to Testify/Cant compel to be witness against self)
- * Miranda RTS waived if Knowing & Intelligent.
- _Appeals (only constitutional issues)
How to certify a Juvenile to Crim. Ct?
3) Prosecutor Direct Fil
- *Lesser Included Exception
- +If Juvie is certified → can only try him for lesser included offense not the whole one.
- ☢ Most common Method of Certifying Juvi to crim Ct:
- ☑ JD Must conduct Fitness hearing and make findings + Reasonable Opportunity to Respond + Opportunity to seek counsel.
- ☑ Offense (seriousness)
- ☑ Aggravating Circs (violence/premeditation?)
- ☑ Victim (person or property);
- ☑ Strength of K's Case.
- ☑ Judicial Efficiency (is consolidation w/another Δ desired?
- ☑ Maturity;
- ☑ Rehabilitation (chances of)
- ☑ Priors;
- ☑ Society's Interests (prote. tion of).
- ☑ Discretionary
☀ Prevent Juvenile CT from ever having JX to hear certain cases when the (1) Juvenile is over a specific age, and (2) accused of specific crime/crimes.
☑ Transfer is Automatic!
- Concurrent Jx + allow the K the discretion + to file in Juvenile Ct or as Adult in Crim. Ct. if:
- ☑ 14-15yrs+
- ☑ Serious Offense+
- ☑ Public Interest requires adult sanctions.
*Some require K request judicial fitness hearing b4.
Police Investigation of Juvenile
- 1) Search requires PC, Warrant, or Warrant Exception.
- ☑ Free + Voluntary.
- *knowledge of right to refuse = unnecessary.
- ☑ 3P Consent + if shared dominion control.
- *parents/school etc...
- 2) Confessions
- __Miranda waivers__
- ☑ Knowing & Intelligent +
- ☑ Voluntary under totality of Circumstances.
- ☑ Invocation ⇉(must) clear & unequivocal. [asking for Po is not equivalent of invoking miranda rts]
- 3) Lineups
- ☑ critical stage = rt to counsel present.
Warrant-less Arrest of Juvenile
requires Probable Cause
- ☢ Delinquent Act
- __Misdemeanor = must occur in police presence;
- __Felony (warrant or no warrant/in cops presence or not).
- __Obstruction of Justice__
- 1. PC that crime Occurred+
- 2. PC juvenile obstructed justice +
- 3. Obstruction is Intentional.
- ☢ Status Offense
- __Pretext Arrest__allows police to arrest & search at almost any time. (wayward/being in disreputable place etc....)
- *CAN"T ENTER HOME W/OUT WARRANT* (unless some exception applies).
- exigency = imminent danger/imminent escape (hot pursuit)
- Police may
- ☢ Briefly Detain+
- ☢ if reasonable suspicion+
- ☢ formed under totality of circumstances+
- ☢ with specific articulable facts+
- ☢ = suspect may be breaking the law+
- Police May:
- ☢ Limited Frisk +
- ☢ if separate articulable reasonable suspicion +
- ☢ suspect is armed & may pose danger.
Initial Hearing (aka arraignment)
- If Warrantless Arrest +
- ☢ Juveniles may be held without hearing for up to 72 hours, without right to counsel.
have a (C)L right to arraignment within 48 hours of warrant-less arrest.
Juvenile MAY have reasonable bail set, but MUST be released to parents who promise to deliver him/her for future hearings.
- ☢ Performed by P/O;
- ☢ No right to Counsel;
- ☢ No right to Miranda;
☢ Series of Interviews after which PO Decides whether to:
- ☐ Release:
- FL--must choose the least restrictive and most appropriate result.
- ☐ Authorize Petition
- Must authorize petition if:
- ☑ Felony;
- ☑ Prior Diversion;
- ☑ Prior Adjudication.
- ☐ Diversion Program
- *Reversionary Custody (@ any time)
A valid petition formally charges the juvenile w/a delinquent act:
- ☐ RT to Counsel
- ☐ VALID NOTICE (must)
- ☑ Timely [earliest practicable time + sufficient to allow preparation]
- ☑ Adequate [Particularly describe Alleged facts/charges filed + accurate (no misleading statements) [Defenses' Variance Objection]
- ☑ If Delinquent Adjudication+
- ☑ Statements by juvenile +
- ☑ anything K intends to introduce +
- ☑ Subject only to protective order (if threatened harassment/intimidation).
What would you like to do?
Home > Flashcards > Print Preview