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JUVENILE JUSTICE GENERAL JURISDICTION

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 in

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JUVENILE JUSTICE GENERAL JURISDICTION

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    1. 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.

    2. 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.

    3. Getting into Juvenile Court Petition request Reviewed by Intake Department Referred for Diversion Sent to Consent Docket Sent to Prosecutor for charging

    4. diversion criteria for juvenile offenders

    5. 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.

    7. 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.

    8. 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.

    9. 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.

    10. 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.

    11. additional dispositions Community Service Foster Care Juvenile Boot Camp Placement in a Private Facility or Agency Civil Fines

    12. 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.

    13. 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)

    14. 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.

    15. 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.

    16. 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.

    17. Effect of juvenile adjudications on adult Sentencing Guidelines

    18. 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).

    19. Automatic offenses

    20. Offenses for Prosecutor Designation (MCL 712A.2(A)(1)

    21. crime victims rights act

    22. statutes and court rules for juvenile proceedings

    23. Prepared and presented by martin krohner

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