Chapter 16: Part 2

Procedures in Juvenile Court  Custody: Juveniles can be taken into custody for criminal and status offenses ○ Running away, truancy, promiscuity, disobeying parents Police can detain or release  Intake Informal process by which court officials or social workers decide if a complaint should be referred to juvenile court 1/3 of all juvenile complaints are disposed at intake  Diverted Juveniles can receive educational services or treatment without going through juvenile court

Initial Hearing Preliminary examination of the validity of a youth’s arrest and detention Must prove that an offense was committed and the youth did it Decisions must be made about further detention, legal representation, and a date for a hearing

Preventive Detention  Holding a juvenile against his or her will without bail until trial because of the likelihood that the youth will commit another crime Supreme Court has held that juveniles do not have a constitutional right to bail

Adjudicatory Hearing  Procedure used to determine the facts in a juvenile case Closed to the public Names of the accused and details of the offense are held from the press Few states provide juries for juvenile trial ○ Pennsylvania does not ○ Kansas does

Adjudicatory cont’d  Juvenile can have representation by an attorney  Attorney can examine and cross- examine witnesses  Judge can find the juvenile: Nondelinquent (not guilty) Delinquent (guilty)

Dispositional Hearing  Judge decides what sentence the offender should receive Based primarily on a predisposition report prepared by the probation department ○ Social, psychological, family, and school background  Courts are supposed to provide for the individualized treatment geared toward rehabilitating the offender  Balance the needs of the offender against the obligation to protect the community Probation, community service, fines, restitution, placement in a treatment program or institution

Probation  Most common disposition Attend school regularly Hold a steady job Attend counseling Take drug tests Curfew (home by 8pm) Stay away from certain people Meet with a probation officer regularly

Serious juvenile offenders  Juvenile institution Indeterminate length of time One to three years is usual maximum  Problems: Overcrowding Lack of mental health, substance abuse services, safety and security issues, due process, health care, and abuse of children  Females 30% in custody and 15% institutionalized

Postdisposition  Aftercare Equivalent of parole in adult system Supervision by an adult officer who counsels the juvenile on education, jobs, vocational training etc… Transition back to school ○ Many juveniles have had academic difficulty and when no program is available, likelihood of re-offending is very high ○ Alternative education

Affects of Juvenile Record  A juvenile can say they have not been convicted of crime However, information can become public record later Juvenile record is available if arrested later as an adult  Expunged Juvenile records are sealed or destroyed when a juvenile reaches 18 or 21 Usually have to officially request it Mush have years of a clean record and go before a judge (5 years depending on crime) No further crimes have been committed