2Annie p. claesson-huseby Bachelor of Science Degree – Public AdministrationJuris Doctorate Degree, with DistinctionMaster’s Degree – Public Administration3 years at Legal Services of Northwest Minnesota10 years as an Assistant Beltrami County AttorneyChief Assistant since 2006Elected Beltrami County Attorney November of 2014Licensed to practice law in State and Federal Court
5similarities ADULT CRIMINAL JUSTICE JUVENILE JUSTICE SYSTEM Offenses Elements of offenseRight to an attorneyCharging documentsBurden of Proof.OffensesElements of offenseRight to an attorney (delinquency)Charging documentsBurden of Proof.
6Major Differences ADULT – CRIMINAL JUSTICE JUVENILE JUSTICE SYSTEM Goal – Hold accountableRights Advisory (Miranda)Rules of Criminal ProcedureOpen to the PublicRight to Jury TrialAge – 18 at time of offenseException – 1st Degree Murder (16 y.o.)/DWI/Petty Traffic.Sentencing – GuidelinesJail/Prison TimeGoal – RehabilitateRights Advisory (Miranda, plus)Rules of Juvenile Protection ProcedureGenerally closed to the PublicOver 16/Felony, EJJ, CertifiedNo Right to Jury Trial – ExceptionsAge – Under 18 at time of offenseIndeterminate SentencingMany disposition options – Least Restrictive
7Certification Rules of Juvenile Protection Procedure, Rule 18.01. Generally, is applicable when the prosecutor moves for certification, and the child is alleged to have committed, after becoming 14 years of age, an offense that would be a felony if committed by an adult.Initiated upon motion of the prosecuting attorney. Maybe made anytime before jeopardy attaches.Certification Study. The court upon its own motion or the motion of the child’s counsel or prosecuting attorney may order social, psychiatric or psychological studies concerning the child of a certification study.Report must address each of the public safety considerations, and options of the court (certification, EJJ, and retention of juvenile court jurisdiction.
8Certification vs. ejj CERTIFICATION EJJ The child is treated like an adult from start to finish of the case.Once certified Juvenile Court Jurisdiction ends, and District Court Jurisdiction starts.Adult Sentence from the beginning.Child is given a stayed adult sentence.Adult sentence is not imposed unless the child violates terms of juvenile probation.Case remains in Juvenile Court until the EJJ is revoked.
9Certification - continued Presumption of Certification – It is presumed that a child will be certified if:The child was 16 or 17 at the time of the offense.The delinquency petition alleges that the child committed an offense that would result in a presumptive commitment to prison under the sentencing guidelines, or a felony level offense in which the child allegedly used a firearm.Probable cause has been determined.Note, the presumption can be overcome if the child demonstrates by clear and convincing evidence that retaining the proceedings in juvenile court serves public safety.Note, note, if the juvenile court does not order certification in a presumptive certification case, the court shall designate the proceeding as an EJJ prosecution.
10Certification - continued Non-presumptive CertificationIf there is no presumption, the court may only order certification only if the prosecuting attorney has demonstrated by clear and convincing evidence that retaining the proceeding in juvenile court does not serve public safety.In determining whether the public safety is served by certifying the matter, or designating the proceeding as EJJ, the court shall consider the following factors:Seriousness of the offense.Culpability of the child (level of participation in planning and carrying out offense).Child’s prior record.Child’s programming history – including willingness to participate.Adequacy of the punishment or programming available in the juvenile justice system.Adequacy of programming available.Dispositional options available for the child.
11Certification - continued If juvenile court certifies the matter, the juvenile court jurisdiction ends, and all subsequent steps in the case are governed by the Minnesota Rules of Criminal Procedure.
12Extended jurisdiction juvenile Extended Jurisdiction Juvenile Proceeding (EJJ).Extended Jurisdiction Juvenile is a child who has been given a stayed adult criminal sentence, and for whom jurisdiction of the juvenile court may continue until the child’s 21st birthday.
13EJJ - Continued EJJ Study… Same as Certification Study. EJJ hearings, generally public is excluded.EJJ Determination is REQUIRED if there is a presumption of certification, but the child has shown by clear and convincing evidence that retaining jurisdiction in juvenile court serves public safety.EJJ is otherwise discretionary. The court may designate the proceeding EJJ when:The court finds that designating the proceeding as EJJ serves the public safety.
14Ejj- continuedEvery child who is the subject of an EJJ prosecution is entitled to a jury trial.Upon a guilty plea or conviction the court shall:Impose an adult criminal sentence, and stay execution of the sentence on conditions that the child not violate the conditions of juvenile probation.Unless stay is revokes, jurisdiction shall terminate upon the child’s 21st birthday, or at the end of the maximum probationary period, whichever occurs first. The court may terminate jurisdiction earlier.
16Juvenile probation delinquency Delinquency Disposition – Minnesota Statute 260B.198If charged and convicted or plea… then adjudicate delinquent.Adjudication can take place at time of plea, or a later time… after predisposition report is completed by DOC.Once adjudicated delinquent – usually placed on supervised probation.Indeterminate period of probation up until the juvenile’s 19th birthday.Child can be held in an institution for purposes of detention, diagnosis, or treatment purposes … must be least restrictive.Public policy and the law mandates that the best interests of the child are normally served in parental custody.Fine up to $1000.Treatment needsRemove Driver’s License until 18th BirthdayGo to school.