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Pretrial Procedures  Transfer hearings  Detention  Intake  Diversion  Petition and pretrial release  Bail and preventive detention  Plea bargaining.

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Presentation on theme: "Pretrial Procedures  Transfer hearings  Detention  Intake  Diversion  Petition and pretrial release  Bail and preventive detention  Plea bargaining."— Presentation transcript:

1 Pretrial Procedures  Transfer hearings  Detention  Intake  Diversion  Petition and pretrial release  Bail and preventive detention  Plea bargaining (adjustment)

2 Transfer to adult court  Transfer, waiver, bindover, removal  Concurrent jurisdiction  Excluded offenses (traffic, serious) –Number of excluded offenses has increased  Judicial waiver to adult court

3 Kent v. U.S.  Waived to adult court, despite requests for a psychiatric evaluation, access to social service file, motions for a hearing  Found guilty in adult court for housebreaking and robbery, not guilty by reason of insanity for rape

4 Kent v U.S. (1966)  Court ruled that cases of waiver required:  A hearing  Access to counsel and access by counsel to social service records  Reason for the decision

5 Criteria to be considered  Seriousness of offense  Aggressive or violent  Maturity of juvenile  Record of the juvenile  Public protection  Potential for rehabilitation

6 Breed v. Jones  Petition filed and he was adjudicated  Found unfit for juvenile court at disposition hearing  Transferred to adult court  Found guilty  U.S. Supreme Court determined that this was double jeopardy (5 th amendment

7 Transfer hearings  Full hearing  Notice  Right to counsel  Statement for reasons

8 Debate over transfer  Get tough vs. rehabilitation  1% now transferred (drugs most common)  Cases waived increased in early 1990s, number has now been decreasing

9 Debate  Waivers do not necessarily increase public protection; result may be the same in both juvenile and adult court  In one study., only 3% of juveniles tried in adult court received longer sentences than they would have received in juvenile court (1996)

10 Debate  However, in another study those waived to adult court received significantly greater sentences than those retained in juvenile court (1986)  Another problem is that transfers might be motivated by political considerations rather than the case

11 Debate  One study found that juveniles transferred to adult court no more dangerous than those retained  Transfer decisions not consistent: appears to be racial disparity  Problem of prosecutorial discretion: in some jurisdictions prosecutor makes the decision

12 Debate  Need for transfer for very serious cases: juvenile justice system not set up to deal with such cases  Juveniles transferred have greater security risks, less swift punishment, lower conviction rates, shorter incarceration, higher recidivism

13 Detention  Temporary care of youths by the state in a physically restricted facility pending court disposition or transfer to another placement  Shelter care: temporary care in physically unrestricting facilities

14 Detention  Movement to remove status offenders and dependent/neglected to less secure facilities, such as temporary foster care  60% of detainees are delinquent  Many status offenders are runaways  Increasing number of drug offenses

15 Detention  Increase in the use of detention  Majority are detained briefly and released to parents, screened by intake probation officers  No uniform criteria for detention decisions  Race, class and # of parents might have an influence

16 Detention decision  NCCD recommends that the standards should be: likelihood of new offense, a danger to themselves or community, or likelihood of running away  Most jurisdictions require a detention hearing to extend the period of detention beyond 24 hours

17 Detention hearing  This hearing should be:  Without delay  Right to notice and counsel  Provision of services

18 Detaining juveniles in adult jails  More common in rural areas  Risk of victimization  Few services  Juvenile Justice and Delinquency Act amended in 1989 to require states to remove juveniles from adult jails  Not clear how often this happens— most common estimate 100,000/year

19 Intake  Screening of cases by the juvenile justice system  Decisions: send the youth home, diversion, file a petition, file a petition and detain  Consent decrees and informal probation or informal adjustment

20 Intake  Considerations: age, offense, prior record, cooperativeness of child and parents, whether the youth can get appropriate services elsewhere  Legal rights?  Intake traditionally handled by juvenile probation  Increased role of the prosecutor

21 Diversion  Screening out children from the juvenile court without judicial decision  Roots: labeling theory  Common criteria for diversion: nonviolent or status offender, or alcohol or drug problem, age, no serious priors

22 Diversion  Variety of mechanisms through probation, the court, the prosecutor. Successful participation necessary to avoid court action  In some jurisdictions, 50% of youths are diverted  Net widening

23 Petition  Filing a petition—can be filed by police, parents, probation, or other social service agency  If the child admits to the allegations, a hearing might be scheduled and a treatment plan developed  Otherwise, adjudication hearing set

24 Pretrial  Probation does an assessment  Right to notice (youth, counsel and parents)  Continued detention?  No right to bail, because it is a civil proceeding, can be released to parents, detention is supposed to be rehabilitative, not punitive

25 Bail  Some states do allow for bail for youths  All the problems of the bail system then apply  Without bail, youths have few rights

26 Preventive detention  Detaining a person because of his/her suspected danger to the community and because he/she might commit more crimes  Can a person be detained for acts he/she has not yet committed?  Supreme Court eventually upheld preventive detention for adults, but it is seldom explicitly applied

27 Preventive detention  All states do allow for the preventive detention of juveniles, because although adults have a right to liberty, juveniles have a right to custody, and can be detained for their own protection

28 Schall v. Martin  Detention based on prediction of future behavior not a violation of due process  Must be procedural safeguards, such as notice, a hearing and a statement of facts, before placement in detention

29 Plea bargaining  Not a part of the juvenile court originally, not seen as necessary because the court was there to help  Increasing role of the prosecutor  Most states have now addressed and regulate the practice, but the amount of regulation varies widely  More formal in urban areas

30 Plea Bargaining  Considerable debate over whether it should be used in the juvenile system  It appears to be much less common in the JJS as compared to the adult system, but on the increase  Less common because some of the incentives to plea bargain are less important in the juvenile system (I.e. dropping a felony to a misdemeanor)

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