Juvenile Law

1. Juvenile Law

2. Juvenile Law

3. Family Code 101.003 A person under 18 years of age; is or has not been married; has not had the disabilities of minority removed from general purpose. This means they have not been emancipated. Definition of a child

4. A juvenile as defined by the Texas Family Codes Juvenile Justice code is a person who is ten years of age or older and under 17 years of age. Or someone 17 years old but under 18 who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17. What is a Juvenile

5. Conduct other than a traffic offense that violates a penal law of the state or of the United States punishable by imprisonment. Delinquent Conduct

6. FC Chapter 41. A parent is liable for any property damage caused by the negligent conduct of the child if the conduct is reasonably attributed to the negligent failure of the parent. Or the willful or malicious conduct of the child. Parents liabilities

7. FC 41.002 Limit of Damages The recovery of damages by willful or malicious conduct is limited to actual damages. These should not exceed $25,000 per occurrence, plus court costs and reasonable attorney fees. FC 41.0025 talks about damage to hotel rooms. Parents liabilities

8. The age of juvenile justice jurisdiction in Texas is 10 through 16. She/he may enter a complex world of procedures, places and people called the juvenile justice system. State Law strictly regulates the handling of juveniles When a child break the law

9. Each year more than 130,000 Texas children picked up by law enforcement will enter the juvenile justice system. Roughly 60,000 were warned and released. 70,000 were incarcerated or referred to juvenile probation depts. When a child breaks the law

10. For least serious offenders Deferred Prosecution is given. They get a second chance. Determinate Indeterminate Sentencing Sentencing The judge decides

11. Determinate Sentencing: for serious offenders: allows a juvenile to be confined up to 40 years, first in TYC followed by transfer to the Texas Dept. of Criminal Justice. Indeterminate Sentencing: a judge may order juvenile to TYC where the child may be held until his of her 21st birthday.

12. A judge can decide to “certify” a juvenile to stand trail as an adult: at age 14 when a Capital or First Degree Felony has been committed. Or a 15 or 16 year old who commits any other Felony. Certification

13. A status offense is an offense that would not be a crime if committed by an adult. Truancy Curfew Violation Possession of Tobacco Possession of Alcohol Status offenses

14. Unlawful for a minor under 17 to be in a public place in unincorporated Williamson County. Monday-Friday between the hours of 12:01 a.m. and 6:00 a.m. Saturday and Sunday between the hours of 1:00 a.m. and 6:00a.m. Violated this is Class C Misdemeanor punishable by fine $50- $500. Violating Curfew

15. If under 18 and caught with Tobacco: Fine not to exceed $250.00. Required Tobacco Awareness Program. Suspension or Denial of D.L. or Permit Tobacco violation

16. Consumption of Alcohol by Minor Possession of Alcohol by Minor Driving Under the Influence by a Minor Alcohol Violation

17. A minor commits an offense if he consumes an alcoholic beverage. Defense to prosecution that minor was in the visible presence of adult parent, guardian or spouse. Offense is punishable by fine only $50 to $500. Consumption

18. A minor commits an offense if he possesses an alcoholic beverage. May possess while in the course of employment if permitted by TABC. Offense punishable by fine only $50 to $500. Possession

19. A minor commits an offense when he operates a motor vehicle in a public place while having a detectable amount of alcohol in his system. This offense is a Class C Misdemeanor punishable by a fine only. With 2 prior convictions, fine is increased from not less than $500 to not more than $2000. Driving under the Influence

20. Confinement in jail for not to exceed 180 days; or both. This occurs with minors 17 and older. Court shall order minor to complete not less than 20 or more than 40 hours community service. Previous conviction could get not less than 40 or more than 60 hours community service. Driving under the influence

21. Criminal Mischief- Intentionally damaging property Throwing eggs Breaking Windows Toilet papering houses Smashing mailboxes Some Graffiti Common juvenile crimes

22. Robbery- taking property of another by force or threat of bodily harm. Carjacking Mugging Bank Robbery Common juvenile crimes

23. Shoplifting (Theft)- Stealing by hiding merchandise in order to take it without payment. Clothing Make-up items Music (compact discs) Theft at school (cell phones, IPODS, calculators Common Juvenile crimes

24. Burglary- enters a habitation or vehicle without the owners consent, with intent to commit theft Burglary of Vehicle Burglary of building Burglary of Habitation Burglary of a coin operated machine. Common juvenile crimes

25. Graffiti- marking left by a person using aerosol paint, permanent marker, or etching Bathrooms & Stairwells Side of buildings Trains Common juvenile crimes

26. Criminal Trespass-entering property without permission or remaining after being told to leave. School property Businesses Private property (for the purpose of poaching) Common juvenile crimes

27. Narcotic Offenses Poss. of Drug Paraphernalia. Poss. of Marijuana. Poss. of Dangerous drugs (i.e. Prescription Medication. Poss. Of Controlled Substances. Common juvenile crimes

28. Generally speaking, the Constitution applies equally to everyone, regardless of age, color, race, religion, or any other factor. • Minors are a special category of person • most obvious reason for this is simply age, or perhaps better stated, maturity. • You cannot expect a child to be able to make the same decisions as an adult rights of minors can be suppressed in ways that the rights of adults simply may not be. Student Rights

29. There are other violations of a minor's rights that on their face don’t seem right, but for which there are many legal precedents. The most common such violations are of the rights of students. The rights of free speech, free press, free association, and freedom from unwarranted search and seizure are points of controversy between school administrators and students, and have been for decades. Student Rights

30. Reasons why courts uphold the violation of student rights. • In loco parentis (Latin) • In place of the parents • Which means while you are at school the schools acts as your parents • Another reason has to do with the goal of school - to educate. • If the act of a student can interfere with the educational process, that act may, in many cases, be suppressed. • Case Law • law established by judicial decisions in particular cases, instead of by legislative action. Students rights

31. Violations of Free Speech • In Tinker v Des Moines (393 US 503 [1969]) the Supreme Court said that "[If] conduct by the student, in class or out of it, which for any reason - whether it stems from time, place, or type of behavior - materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech." • In Bethel School v Fraser (478 US 675 [1986]), the Court ruled that a school was not violating a students rights when it suspended a student for the use of crude language in a speech to a school assembly. The determination of what manner of speech in the classroom or in school assembly is inappropriate properly rests with the school board. Students rights

32. Violations of Free Press • The Supreme Court has held that schools and school administrators can censor student publications such as student newspapers. In a student newspaper, the school itself is represented in the newspaper, and by publishing a student piece, is now no longer a passive observer but an active participant. In Hazelwood School v Kuhlmeier (484 US 260 [1988]), the Supreme Court ruled that articles in the school paper that were counter to the educational mission of the school were subject to censorship. Students rights

33. Violations of Search and Seizure Protections • searching of student lockers, bags, and of their persons. • New Jersey v TLO (469 US 325 [1985]) • Reaffirmed the role of the school in loco parentis, but it also recognized that school officials are representatives of the State. • students in public school are not able to assert the same rights as adults in other settings • In this case, a search of a student's purse, the purpose for which was to find marijuana cigarettes the student was suspected of smoking on school grounds, was upheld. Students rights

34. in Vernonia School v Acton (515 US 646 [1995]),drug test on student athletes were upheld when the court again used in loco parentis, a lowered expectation of privacy for athletes, and the need for deterrence of drug use, particularly among athletes, as justifications for forced testing. • There have been no reviews of cases of locker searches by the Supreme Court, most likely because the locker, while possibly containing personal property of the student, is itself the property of the school. Students rights

35. A parent of a child has the rights and duty to support the child with clothing, food, shelter, medical care and education (Everything else is a privilege). A parent also has the right to the service and earning of the child. (If you work they can take your money and if they have a family business you work for free.) Rights and duties of parents