MCOLES Juvenile Law
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When can you take a juvenile into custody without a court order?
- When circumstances warrant under one of the following conditions:
- 1-Found violating any law or ordinance
- 2-Conditions exsist which would make the arrest lawful if the child were an adult
- 3. The officer reasonably believes the child is evading the person or proper authority having legal custody
- 4 Conditions or surrondings under which the child is found are as to endanger his health, morals, or welfare
- 5. The officer continues a lawful arrest made by a private citizen
What are the requirements for temporarily detaining a juvenilie in complaince with state law?
- -Isolates the juvie from adult prisoners(sight and sound seperation)
- -Notifies parent or guardian forthwith and records notification
- -Photographs and prints the juvie when arrested for any of the 21 listed offenses(any felony or 92+day misdemeanor
Can you transport a juvie with an adult?
NO, not even a family relation in custody.
The juvie equivilant of a criminal
The juvie equivilant to an arrest warrant
The juvie equiviliant to an arrest
The juvie equivilant to a trial
The juvie equivilant to a sentencing
Any offense that if committed by an adult would not be illegal.
Civil Infractions committed by a juvie fall under the jurisdiction of what court?
When is immediate detention of a juvie allowed?
- -Due to the nature of the violation, release would not be in the best interest of the juvie or the public
- -No parent or guardian can be located
- -The parent or guardian refuses to take custody
How long can a juvie be held in relation to a crime in a locked setting?
If anjuvie escapes from a facility or residence that has custody of the child and they contact your police agency what must be immediately done?
The information must be placed into LIEN.
What factors will a Family Court consider when considering waiving jurisdiction to adult courts?
- Generally the juvie must be at least 14y.o.
- The child's prior record, physical and mental maturity, and pattern of living
- The seriousness of the offense charged
- Whether the offense is part of a repititive pattern
- If the child's behavior is likely to render the child dangerous to the public
- If waiving the child woulfbe in the best interest of the public
What kind of offenses can a juvie automatically be waived to adult proceedings?
- 1st Degree CSC
- Armed Robbery
- Serious Assaults
- Controlled substance violations in excess of 650 grams
If a child is is brought before a juvenile court in a different county than that which they reside can jurisdiction be transfered?
Yes to the county of residence.
What rights does a juvie have after being charged with a crime?
- To a prelimanry hearing
- - To determine if PC exist that the child committed the offense
- - The hearing must be within 24 hours of detention, unless Sunday or a holiday
- Hearing Phase
- -Determine guilt or innocence
- -Right to jury trial
- -Right to attorney
- -must be held within 6 months after petition is filed , unless adjourned for good cause
- - If the child is detained and the proceedings do not take place within 63 days of petition court shall release pending trial
- -Proof beyond reasonable doubt
- Dispositional Phase
- -Sentencing hearing must occur unless waived
- -If convicted as adult the hearing is still required to determine if the child should be sentenced as adult or child
- -If to be sentenced as an adult the burden of proff is on the prosecutor to prove by preponderance of evidence that it is in public's best interest
- -no right to jury at this phase
What test is used by the court for determining the admissability of a juvie's admission or confession?
Totality of Circumstances
- Some factors included:
- Wheter Miranda requirements were met
- Degree of police compliance with applicable statues and court rules
- Presence of adult or guardian
- Juvies background
- Age, education, intelligence, extenet of prior experience with law enforcement
- Length of detention before statement made
- Repeated and prolonged nature of questioning
- whether accused was injured, intoxicated, ill, physically abused, threatened with abuse, deprived of foof or sleep, or medical attention
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