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Juvenile Justice

Juvenile Justice. Certification. Certification – the proceeding in juvenile court in which the court determines if a juvenile will stand trial as an adult. “certified” to adult court Determining factors Age of juvenile Severity of alleged crime.

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Juvenile Justice

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  1. Juvenile Justice

  2. Certification • Certification – the proceeding in juvenile court in which the court determines if a juvenile will stand trial as an adult. • “certified” to adult court • Determining factors • Age of juvenile • Severity of alleged crime

  3. Ages and Responsibility(at the time the crime was committed) • Under 10 • Found in need of protective services, cannot be found guilty of criminal behavior • 10-17 • Child can be found delinquent due to criminal acts • 14-17 • Can be found guilty of a crime if certified and tried as an adult • 16+ • Can be tried as an adult without certification if first degree murder charge • 18+ • Tried as an adult for all crimes

  4. Certification • Presumptive Certification - can be tried automatically as an adult if the juvenile is 16/17 and… • Is being tried for first degree murder • Is charged with a felony and has had prior convictions in adult court • Extended Jurisdiction Juvenile (EJJ) – child that is being tried in juvenile court and the sentence/ruling can be applied up to the juvenile’s 23rd birthday • “Public safety” • Prosecution must prove it is best for the public’s safety that the juvenile be tried as an adult • Defense must prove it is best for the public’s safety that the juvenile be tried in juvenile court

  5. Possible causes of Juvenile Delinquency • Greed • Abuse • Neglect • Boredom • Poverty • Drugs • Mental illness • Peer pressure

  6. Goal of Juvenile Court • To help juveniles develop into law-abiding adults • Dealing with criminal juvenile behavior • Protecting the juvenile from unhealthy environments • Juvenile court is NOT a place but rather a set of rules that are used when courts deal with juveniles • Hearings take place in the District Courts of NC • Children who break the law, children who are neglected or abused, adoptions, termination of parental rights, appointments of guardians, marriage consent for girls between the ages of 16-18 • Same constitutional rights as adults except the right to bail, the right to a jury trial, and the right to a public trial (if juvenile is certified to adult court then they have the same rights as adults)

  7. Steps in Juvenile Delinquency Process • Crime committed • “delinquent act” • Can be a crime that adults would be charged with (burglary, assault, etc) • Can be a crime that only minors receive (smoking, under-age drinking) • Arrest • Taken into “custody” • Read Miranda Rights • Cannot be held in the same room with arrested adults

  8. Steps in Juvenile Delinquency Process • Charge filed • “petition” filed for the offense • Court decides if the juvenile with be held in a detention center or can go home to parents • After petition is filed, the prosecution may file a motion for certification to adult court or motion for EJJ • Private informal detention hearing within 24-36 hours • Ensure that procedures have been followed • Can order social, psychiatric, and psychological studies if needed • Provided with a public defender if juvenile doesn’t know a lawyer or can’t afford one. • Next court appearance set

  9. Steps in Juvenile Delinquency Process • Arraignment • Hearing during which the juvenile admits or denies the petition • Within 20 days if the juvenile is at home • Within 5 days if the juvenile is in custody • “Admission” – guilty plea • Adjudicated (declared) delinquent and sentenced • “Denial” – not guilty plea • Trial date set

  10. Steps in Juvenile Delinquency Process • Trial • “Hearing” • District courts • Not open to the public • No jury • Delinquency must be proved beyond a reasonable doubt

  11. Steps in Juvenile Delinquency Process • Not Guilty – “Not delinquent” • Guilty – “Delinquent” • Judge decides sentence – “disposition” • Warning, released to parents • Counseling • Out-of-home placement (foster care) • Restitution for victim • Community service • Probation • Stay in county detention center • Stay in state juvenile institution

  12. Juveniles and the Death Penalty • 1st degree murder charges – automatically sent to adult court • If the crime was committed while still a juvenile, he/she cannot be sentenced to death as of 2005 • Declared a cruel and unusual punishment in Roper v. Simmons • “When a juvenile offender commits a heinous crime, the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity.” – Justice Kennedy • As of 2010, juveniles cannot be sentenced to life without the possibility of parole unless convicted of homicide

  13. Young Kids, Hard Time (2012) • The YIA (youth incarcerated as adults) cellblock is home to 53 kids who are rarely permitted to leave the unit, due to the dangers posed by the adult prisoners just outside their door. • But once a youth offender turns 18, they begin the immediate transition into the general prison population, where thousands of adult prisoners await.

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