Juvenile Prosecution is a priority requiring experienced prosecutors Make every effort to fast track cases A prosecutor should make the charging decisions
Parental responsibility laws should strike a balance between using parental liability to force parents to control their children, making victims whole, and holding juveniles personally accountable for their actions.
Juvenile law inapplicable: I.C. 31-30-1-2, Juvenile law does not apply to : Infractions Ordinance violations Allegations regarding felony and previous waiver
ADULT COURT jurisdiction I.C. 31-30-1-4 Juvenile Court LACKS jurisdiction: Murder and Attempted Murder Kidnapping Rape Criminal Deviate Conduct (Before repeal) Robbery with Injury or while Armed Carjacking (Before repeal) Certain Felony Firearms Violations MUST BE AT LEAST 16 YEARS OF AGE AT TIME OF OFFENSE Conviction of lesser included offense does not vest jurisdiction in the juvenile court.
Waiver OF JURISDICTION I.C. 31-30-3-1: Waiver of jurisdiction refers to an order of the juvenile court that waives the case to a court that would have jurisdiction had the act been committed by an adult. Waiver is for the offense charged and all included offenses.
Primary Factors Affecting Decision to Waive: I.C. 31-30-3-2 – 31-30-3-6 Seriousness of the crime Threat to public safety Offender’s criminal history Availability of appropriate punishment Age & maturity of offender
Time limitation for waiver I.C. 31-30-3-7: A motion to waive jurisdiction may not be made or granted after: (1)child has admitted allegations, or (2)1 st witness sworn @ fact-finding
Reasons for waiver Ind. Code § 31-30-3-2 FELONY, that is Heinous or aggravated; or Part of a repetitive pattern; AND Child > 14 years old Beyond rehabilitation under juvenile system Ind. Code § 31-30-3-3 FELONY relating to controlled substances; AND Child > 16 years old Best interest of safety & welfare of community Ind. Code § 31-30-3-4 Murder Child > 10 years old Unless in best interest of child & safety & welfare of community for child to remain in juvenile system Ind. Code § 31-30-3-5 FELONY, LEVELS 1-4; or LEVEL 5: Involuntary manslaughter or Reckless homicide Child > 16 years old Unless in best interest of child & safety & welfare of community for child to remain in juvenile system Ind. Code § 31-30-3-6 Felony Previous conviction of felony or non-traffic misd
Tingle v. State, 632 N.E. 2d 345 (Ind 1994) Waiver on basis of accessory liability proper.
PROCEDURAL ISSUES RE: WAIVER I.C. 31-30-3-9: Finding of probable cause in waiver sufficient to establish probable cause in court to which child is waived I.C. 31-30-3-10: Waiver Order must include specific findings of fact to support order I.C. 31-30-3-11: Prosecuting Attorney shall file cc: Waiver Order with Information
Jurisdiction of Juvenile court I.C. 31-30-1-1 : Exclusive Original Jurisdiction Proceedings alleging delinquency Proceedings regarding detention of a child Proceedings alleging misdemeanor traffic offenses and violations of section 9-30-5 (OWI)
Delinquency vs. status A child commits a delinquent act is, before age 18, commits an act that would be an offense if committed by an adult. (I.C. 31-37-1-2) A status delinquent is a child, who, before age 18, commits one of following: (1)Runaway (2)Truancy (3)Habitual disobedience/Incorrigbile (4)Curfew violation (5)Minors & alcohol (6)Minors & fireworks and needs care, treatment or rehabilitation, that child is unlikely to accept voluntarily, and is unlikely to be provided or accepted without coercive intervention of court. (I.C. 31-37-2)
Continuing jurisdiction I.C. 31-30-2-1 Until child is 21 GU awarded to Department of Corrections May be reassumed upon release Until outstanding financial obligation paid (owed to court or as restitution)
RIGHTS I.C. 31-32-2-1,-2 &-3 Child Be represented Refrain from testimony against oneself Confrontation Child and parent Cross exam witnesses Compulsory process Introduce evidence Notes: Criminal Trial Rules apply in all matters not covered by juvenile law; Must be proved beyond a reasonable doubt
RIGHTS (cont.)I.C. 31-32-3-1 The court may appoint a Guard Ad Litem, or a Court Appointed Special Advocate at any time They need not be an attorney They represent and protect the best interest of the child
RIGHT to counsel I.C. 31-32-4-1 If the child has not lawfully waived right to counsel, the juvenile court shall appoint counsel for the child at the detention hearing or at the initial hearing, whichever occurs first, or at an earlier time
RIGHT to counsel (cont.) Indiana Criminal Rule 25 (EFFECTIVE JANUARY 1, 2015) Counsel MUST be appointed: Request to waive child Parent, Guardian, Custodian has interest adverse to child Before any proceeding in which court may impose following: Wardship to DOC Placement in community based correctional facility Confinement/placement or continued confinement/placement in juvenile detention center/secure private facility/shelter care facility/non-relative out of home placement following earlier or I.H. or detention hearing When child taken into custody and detained pursuant to I.C. 31-37-4-1, 2 or 5
Waiver of rights: I.C. 31-32-5-1 Child must knowingly & voluntarily join in waiver This must be after a meaningful consultation with parent/ guardian/ custodian (no interest adverse to child)
custodial interrogation I.C. 31-32-5-4 Factors to be considered: Child’s physical, mental & emotional maturity Whether parent, guardian, custodian or attorney understood consequences of child’s statements Informed of delinquent act with which child charged or a suspect Length of time held in custody before consulting with parent, guardian or custodian Any coercion, force or inducement Advised of right to remain silent and to appointment of counsel
Juvenile questioned at school/by school Not in custody, not interrogated, so neither safeguards of Miranda warnings nor juvenile waiver statute is implicated. Moore v. State, 723 N.E. 2d 442 (Ind Ct App 2000)
Impeachment by prior inconsistent statement I.C. 31-32-5-3 Knowing & voluntary statement Inadmissible for failure to comply with Waiver of Rights (I.C. 31-32-5-1) Child testifies in own defense Statement may be admitted to impeach child
Taking child into custody I.C. 31-37-4-1,-2 Child may be taken into custody by a law enforcement officer under Court order or with probable cause to believe child has committed a delinquent act.
DETENTION (I.C. 31-37-5-3) Unlikely to appear Murder, Level 1, 2, 3 or 4 felony (if committed by adult) Essential to protect child or community Custodian cannot be located or unwilling to take custody Child has reasonable basis to not be released
DETENTION hearing If child not released, detention hearing must be held within 48 hours (excluding Saturday, Sunday & holiday) If runaway, detention hearing must be held within 24 hours Remedy: Release
Permissible conditions of release I.C. 31-37-6-6(a),(d) Home detention/Electronic monitoring Curfew restriction P.O./NCO No law violations Any other reasonable conditions on child’s action or behaviors Surrender Driver’s license to ensure appearance (I.C. 31-37-6-10)
Investigation & preliminary inquiry I.C. 31-37-8-1: If Prosecuting Attorney has reason to believe child is delinquent, he shall instruct intake officer to make preliminary inquiry Preliminary Inquiry is informal investigation into facts and circumstances reported to Court (should include: background, status, school info) - Copy to Prosecuting Attorney along with recommendation Prosecuting Attorney shall then decide whether to file a delinquency petition Note: If child in detention, petition must be filed not later than 7 days (excluding Saturday, Sunday, holiday) after child taken into custody
Fact-finding hearing I.C. 31-37-11-2 If in detention, hearing not later than 20 days (excluding Saturday, Sunday, holiday) after petition filed. If not in detention, commenced not later than 60 days (excluding Saturday, Sunday, holiday) after petition filed.
Dispositional decrees I.C. 31-37-19-1 through 31-37-19-28 There are a lot of options available to the Court
The primary factors affecting a juvenile’s disposition should be the seriousness of the crime, protection of the community from harm, and accountability to the victim and public for the juvenile’s behavior.
Dispositional recommendations should include appropriate dispositional alternatives to juvenile offenders, which should include age appropriate rehabilitative efforts for re-entry. Re-entry should include community protective plans, offender accountability and competency development. Assured consequences for violation of the dispositional order must be in place.
Miscellaneous sections I.C. 31-32-6-2: Court determines open/close proceeding Open – Murder or felony May close to protect child witness or victim in sexual case upon motion of prosecuting attorney I.C. 31-32-6-7: Trial is to the court I.C. 31-32-7-1: Venue—where the child resides or where the act occurred I.C. 31-32-10-1: Adult discovery applies
Sections pertaining to record I.C. 31-39-1-1 – 31-39-1-2: all juveniles records are confidential I.C 31-39-2-5: Records available to Pros Atty and staff I.C. 31-39-2-6.5 and I.C. 31-39-9-1 Court may release court records to a court, law enforcement agency, IDOC, DCS, FSS and schools
Prosecutors should work with other community leaders to ensure community involvement in crime prevention efforts. This should include truancy prevention efforts