Intro to Juvenile Justice in Virginia

Lesson goal To provide an introductory overview of Virginia’s INTRO TO JUVENILE JUSTICE IN VIRGINIA Lesson goal To provide an introductory overview of Virginia’s juvenile justice system.

Students will learn: Why there is a juvenile justice system INTRO TO JUVENILE JUSTICE IN VIRGINIA Students will learn: Why there is a juvenile justice system How the juvenile justice system differs from the adult system Key terms used and features of the juvenile justice system that differ from the adult justice system The juvenile justice process Consequences of committing a crime

The juvenile justice system INTRO TO JUVENILE JUSTICE IN VIRGINIA The juvenile justice system The juvenile justice system is a special part of the larger justice system that deals with matters related to juveniles and has its own set of laws and procedures governing how juveniles are treated (in Virginia, a juvenile is defined as any person less than 18 years of age). The system includes not only juvenile courts, but also law enforcement agencies, detention facilities, programs that serve juvenile offenders, and juvenile correctional facilities. Why do you think there is a special, separate system for juveniles? Why not treat them the same way as adults?

The juvenile justice system, cont. INTRO TO JUVENILE JUSTICE IN VIRGINIA The juvenile justice system, cont. Juvenile courts regularly work with schools and local agencies such as social services and mental health to address the needs of juvenile offenders because there is a greater emphasis on correcting the behavior of juveniles and solving problems that may be contributing to juveniles’problem behavior. There are many differences between the adult and juvenile justice systems.

Adult & juvenile justice terms INTRO TO JUVENILE JUSTICE IN VIRGINIA Adult & juvenile justice terms Adult Justice Terms Juvenile Justice Terms Crime Offense Arrest Take into Custody File charges Petition Trial Adjudicatory Hearing Found guilty Found “delinquent” Sentencing Disposition Jail Detention Parole Aftercare

INTRO TO JUVENILE JUSTICE IN VIRGINIA Intake A juvenile court intake officer receives and reviews complaints to the juvenile court and determines whether there are enough facts to involve the court. At juvenile court intake, the intake officer is authorized to (a) take informal action or (b) take formal action and file a petition. Informal actions an intake officer may take include referral to a crisis shelter, counseling, or other action to “divert” the case from the juvenile justice system.

Detention or release decision INTRO TO JUVENILE JUSTICE IN VIRGINIA Detention or release decision When the intake officer decides to take formal action, he or she will also determine whether the juvenile should be detained or released to his or her parents or guardians. Detention involves restraining or confining an individual. In Virginia, a judge, intake officer, or magistrate may detain a juvenile for reasons prescribed by law. The decision is based on the juvenile’s risk to self or his or her community and risk of flight. A juvenile may be detained if:

Detention or release decision, cont. INTRO TO JUVENILE JUSTICE IN VIRGINIA Detention or release decision, cont. Releasing the juvenile would be a clear and substantial threat to the person or property of others, or Releasing the juvenile presents a clear and substantial threat of serious harm to the juvenile’s life or health, or The juvenile has threatened to run away or has a record of failing to appear at court hearings within the prior year, or The juvenile has escaped from a detention facility, or The juvenile is a fugitive from another state, or the juvenile has previously failed to appear in court.

Detention center While at a detention center, detainees: INTRO TO JUVENILE JUSTICE IN VIRGINIA Detention center While at a detention center, detainees: Participate in structured programs, including school and recreational activities; Receive medical and mental health screening and services; May participate in religious activities; and May have structured visits with parents or guardians. If a juvenile is detained, the law requires that a detention hearing before a judge be held within 72 hours.

Preliminary and adjuticatory hearings INTRO TO JUVENILE JUSTICE IN VIRGINIA Preliminary and adjuticatory hearings A preliminary hearing is held to ensure the case has enough merit to continue. The word “adjudicate” means to judge or pass judgment. In an adjudicatory hearing, the court hears the evidence in a case and determines whether the allegations contained in the complaint are supported by the evidence.

Dispositional hearing INTRO TO JUVENILE JUSTICE IN VIRGINIA Dispositional hearing The word “disposition” means the manner in which a case is settled or resolved. In a dispositional hearing, the court considers and selects penalties and services appropriate for an offender. It is important to remember that the juvenile justice system is concerned not only with punishment, but also with rehabilitation.

Dispositional hearing, cont. INTRO TO JUVENILE JUSTICE IN VIRGINIA Dispositional hearing, cont. Probation means the offender is allowed a period of time to show he or she has learned from his or her mistakes and can behave. During this period, offenders are supervised by the court, obey rules of probation, and report to a probation officer who closely monitors conduct. Restitution describes the act of restoration. It means an offender is required to repay money to the victim or take other action to “restore” the victim to his or her status before the criminal act.

INTRO TO JUVENILE JUSTICE IN VIRGINIA Other consequences In addition to penalties imposed by the court, juveniles who break the law may: Embarrass their families and friends Have driving privileges suspended or delayed Be disqualified from receiving awards or scholarships Not be accepted at their colleges of choice Not be able to enlist in the armed services Lose the opportunity to hold certain jobs

INTRO TO JUVENILE JUSTICE IN VIRGINIA Juvenile records People often ask whether their juvenile court records will follow them. The answer 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))

INTRO TO JUVENILE JUSTICE IN VIRGINIA Juvenile records, cont. 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)

INTRO TO JUVENILE JUSTICE IN VIRGINIA 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)

Review and recap You have learned: INTRO TO VIRGINIA’S JUDICIAL SYSTEM Review and recap You have learned: Why there is a part of the larger justice system that focuses on juveniles. Some ways that the juvenile system differs from the adult justice system. Some of the terminology used that differs from terms used in the adult court.