1. Virginia RULES Teens Learn & Live the Law Legal Rights of Juveniles

2. Lesson Goal: To provide an introductory overview of the basic rights of juveniles who are before Juvenile and Domestic Relations Courts in Virginia. To provide an introductory overview of the basic rights of juveniles who are before Juvenile and Domestic Relations Courts in Virginia.

3. Students Will Learn: The meaning of due process The meaning of due process Rights of juveniles accused of committing an offense Rights of juveniles accused of committing an offense Protections for juveniles who are before the court on other matters such as child abuse or custody Protections for juveniles who are before the court on other matters such as child abuse or custody

4. Due Process: A person has a right to be heard before a punishment or penalty is imposed. We must be treated fairly by the government. A guarantee of due process is written into the U.S. Constitution in the Fifth, Sixth, and Fourteenth Amendments.

5. The Fifth Amendment Says That the Government Cannot: 1. 1. Try a person more than once for the same crime. 2. 2. Make a person testify against him/herself. 3. 3. Take away a person’s life, liberty, or property without a good reason and fair procedures. 4. 4. Take away a person’s property unless the person is fairly paid for his/her property.

6. The Sixth Amendment Says: A person charged with a crime has a right to: 1. 1. A speedy and public trial 2. 2. A jury trial in a criminal case 3. 3. Be told what he/she is accused of doing wrong 4. 4. Face the people who say he/she did something wrong 5. 5. Call witness to speak on his/her behalf 6. 6. Have an attorney

7. The Fourteenth Amendment: Guarantees equal protection to all persons. This means that regardless of race, creed, color, or status, all persons are to be treated equally before the law.

8. Basic Rights of Someone Accused of a Crime To be informed of their rights and of the charges against them Trial by jury Speedy and public trial Confront their accuser and cross-examine witnesses Refuse to testify against him/herself Be represented by an attorney

9. Four Basic Rights of Juveniles: To be informed of their rights and of the charges against them To be represented by an attorney To refuse to testify against themselves To confront their accuser and cross- examine witnesses Notice that juveniles are not guaranteed all the rights that adults are.

10. Miranda Warnings You have the right to remain silent. Anything you say can and will be used against you. You have the right to talk to a lawyer and have the lawyer present with you while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish.

11. Adjudicatory Hearing: Trials for Juveniles A juvenile accused of a crime has the following rights at the adjudicatory hearing: The right to be represented by a lawyer to the extent provided by law. The right to have witnesses appear on his/her behalf. The right to subpoena (to require to come to court) witnesses to appear. The right to confront and cross-examine (question) witnesses testifying against him/her (accusers). The right against self-incrimination (to answer questions or make statements tending to show guilt and have them used against him/her).

12. Adjudicatory Hearing: Trials for Juveniles All charges must be proven beyond a reasonable doubt. If the judge finds the juvenile to be guilty, the case is usually continued to another day for the judge to make a disposition decision (sentencing). The disposition decision is not always made immediately because the judge may require information about all aspects of the juvenile’s background, including prior offenses and personal history, before determining what corrective measures to take with the juvenile. Juvenile’s rights at the adjudicatory hearing, cont.

13. Beyond a Reasonable Doubt The available evidence leaves you firmly convinced of a defendant’s guilt. Prior to the U.S. Supreme Court decision In re Winship in 1970, juveniles were sometimes found guilty using a lower standard – “preponderance of the evidence.” “Preponderance of the evidence” means that the available evidence makes it more likely than not that the person committed the crime.

14. In a criminal trial, if someone cannot afford an attorney, the court can appoint one. In a civil case, someone who cannot afford an attorney may qualify for free legal services from a legal aid office. Attorneys for Juveniles

15. Appealing a Verdict Decisions made by General District and Juvenile and Domestic Relations District Courts can be appealed to Circuit Courts. Decisions by Circuit Courts can be appealed to the Virginia Court of Appeals. Some decisions of the Virginia Court of Appeals can be appealed to the Virginia Supreme Court.

16. Juvenile Court Records A question that many people ask is whether their juvenile court records will follow them. The answer to that is found in Virginia law. In most cases, the records are automatically destroyed once the juvenile has turned 19 and five years have passed since the last hearing in his or her case. However, for crimes that would be felonies if committed by an adult, the records remain public just as an adult conviction would. (Code of Virginia § 16.1-305 (B1)) In addition, if the juvenile committed an “ancillary offense” along with the delinquent act – that is, an offense related to the act – it may also stay on the juvenile’s record. For example, if Tom intimidated Gary into giving him his Nintendo DS (robbery, which is a felony) by threatening him with a butterfly knife he brought onto school property (which is a class 1 misdemeanor), the misdemeanor possession of the butterfly knife would be an ancillary offense to the felony offense of robbery, and could stay on the juvenile’s record. (Code of Virginia § 16.1-306.2)

17. Juvenile Records, cont. The term “expungement” means records of a case are destroyed. In cases where the juvenile is found not guilty or the case is otherwise dismissed, the person may ask to have the records of the case destroyed. The request must be granted unless the Commonwealth’s Attorney shows good cause why the records should be retained. Once records have been destroyed, “the violation of law shall be treated as if it never occurred.”(Code of Virginia § 16.1-306)

18. Crime Victim and Witness Rights Act Known as the Victims’ Bill of Rights Ensures that crime victims: Have opportunities to make the courts aware of the full impact of the crime. Are treated with dignity, respect, and sensitivity and have their privacy protected. Are informed of their rights. Receive authorized services. Are heard at all critical stages of the criminal justice process.

19. Guardian ad litem (GAL) This is a court appointed lawyer who represents juveniles who have been abused or neglected or who are the subject in some types of custody cases. Represents the juvenile’s best interest.

20. Meet face-to-face with and interview the child. Conduct an independent investigation in order to ascertain the facts of the case. Advise the child, in terms he/she can understand, of the nature of all proceedings, the child’s rights, the role and responsibilities of the GAL, the court process, and the possible consequences of legal action. Participate, as appropriate, in pre-trial conferences, mediation, and negotiations. Ensure the child’s attendance at all proceedings where the child’s attendance would be appropriate and/or mandated. Appear in court on the dates and times scheduled for hearings, prepared to fully and vigorously represent the child’s interest. Prepare the child to testify, when necessary and appropriate, in accordance with the child’s interest and welfare. A Guardian ad litem Will:

21. Provide the court sufficient information, including specific recommendations for court action, based on the findings of the interviews and independent investigations. Communicate, coordinate, and maintain a professional working relationship to the extent possible with all parties without sacrificing independence. File appropriate petitions, motions, pleadings, briefs, and appeals on behalf of the child and ensure the child is represented by a GAL in any appeal involving the case. Advise the child, in terms they can understand, of the court’s decision and its consequences for the child and others in his/her life. A Guardian ad litem Will: GAL’s duties, cont.

22. Court Appointed Special Advocates: A child who is brought to court and is alleged to have been abused or neglected will have a court appointed special advocate (CASA), who is a volunteer. The role of the CASA is to: Speak up for that child. Provide information to the court about the child’s best interest. Help the child understand the legal proceedings in which he or she is involved.

23. The CASA also: Gets to know the child by visiting him/her as often as possible (both in and out of the child’s home). Researches the child’s background by reviewing records (school, medical, etc.) and by interviewing persons who know the child (doctors, teachers, neighbors, relatives, etc.). Assesses what is in the child’s best interest and makes recommendations to the judge regarding placement and services. Monitors court orders to assure the child receives court- ordered services.

24. Review and Recap You have learned:  Due process means that a person has a right to be treated fairly by the government and to be heard before a punishment or penalty is imposed.  A guarantee of due process is written into several amendments to the U.S. Constitution.  Important U.S. Supreme Court cases established rights for juveniles, required the accused to be given warnings and required the government to prove “beyond a reasonable doubt” that someone accused committed the crime or offense.  These rights apply to a juvenile court process.  Virginia law grants rights to victims of crimes so that they can be heard by the court.  There are special protections for juveniles who are before the court because they are abused or neglected.  A Guardian ad litem represents the juvenile’s best interest.  A Court Appointed Special Advocate (CASA) is a volunteer who speaks up for the child.

25. To Learn More: About Legal Rights in Virginia, go to the Virginia Judicial System: www.courts.state.va.us/studentsteachers.html About Guardians Ad Litem, go to the Virginia Supreme Court: www.courts.state.va.us/courtadmin/aoc/cip/programs /gal/home.html www.courts.state.va.us/courtadmin/aoc/cip/programs /gal/home.html About Court Appointed Special Advocates, go to the Virginia Department of Criminal Justice Services www.dcjs.virginia.gov/juvenile/casa/?menuLevel=5& mID=6 www.dcjs.virginia.gov/juvenile/casa/?menuLevel=5& mID=6