Hennepin County School/Shared Social Work Project Social Work Project May 16, 2013 Mark Griffin Senior Assistant County Attorney

UNDERSTANDING THE JUVENILE DELIQUENCY SYSTEM

What is it? What ISN’T it?

Not Criminal Prosecution

Not Child Protection

Blended DNA: Consequences and Best Interests of the Child.

 The Juvenile Court Process.  Who Can Prosecuted  Offenses  Jurisdiction: Juvenile, EJJ and Certification  Victims Rights  Dispositions  Plea Negotiations

Who can be prosecuted in juvenile court?

Anyone who commits a crime when he or she is between the ages of 10 and 17. Anyone who commits a crime when he or she is between the ages of 10 and 17. Children under 10 are referred to the child welfare system. Children under 10 are referred to the child welfare system.

Are juvenile charges and court proceedings public?

No, with some significant exceptions. Records and court proceedings are public only when the juvenile is charged with a felony and was 16- years or older at the time of the crime. No, with some significant exceptions. Records and court proceedings are public only when the juvenile is charged with a felony and was 16- years or older at the time of the crime.

Levels of Offenses Petty Misdemeanors Petty Misdemeanors Misdemeanors Misdemeanors Gross Misdemeanors Gross Misdemeanors Felonies Felonies

Most Common School Crimes Assault Assault Disorderly Conduct Disorderly Conduct Theft Theft Drugs Drugs Weapons Weapons

Levels of Offenses 2012 Petty Offenses – 3400 Petty Offenses – 3400 Misdemeanors – 2500 Misdemeanors – 2500 Gross Misdemeanors – 350 Gross Misdemeanors – 350 Felonies – 950 Felonies – to cases per annum to cases per annum.

Jurisdiction Juvenile – 19 years old. Juvenile – 19 years old. EJJ – 21 years old. EJJ – 21 years old. Certification to Adult court Certification to Adult court

What are the rights of a victim of a juvenile crime? The Minnesota Crime Victims Act applies to victims of both juvenile and adult crime. Victims have a right to receive notice of charges, court proceedings, plea negotiations and dispositions. The victim has a right to attend hearings and give a victim impact statement. The victim has a right to receive restitution as part of a juvenile court disposition.

Juvenile Dispositions Diversion STS/CS/counseling/CD TX No contact order Loss of driver’s license Restitution Home detention OOHP – CHS, Red Wing Every child is court ordered to attend school. Probation supervision until 19

EJJ: One Last Chance Serious Offenses. Serious Offenses. Extended Probation until 21. Extended Probation until 21. Juvenile Disposition with a stayed adult sentence. Juvenile Disposition with a stayed adult sentence.

Certification Juveniles 14 or older. Very serious felony offenses: Assault, weapons, robbery, CSC, homicide. Charged by prosecutor, motion for certification. A 16 or 17 year-old indicted for first degree murder is automatically tried as an adult. The judge makes the decision to certify based on whether public safety can be served by keeping the child in juvenile court. Adult disposition, including prison. Rare – 50 in 2012.

Plea Negotiations

Why are they made? Caseload Efficiency Caseload Efficiency 10,000 to 13,000 cases per year filed in Hennepin County Juvenile Court. 10,000 to 13,000 cases per year filed in Hennepin County Juvenile Court. And that’s just delinquencies. And that’s just delinquencies.

Why are they made? Many cases are not in dispute. Many cases are not in dispute. The issue is not whether he did it but what should happen as a result. The issue is not whether he did it but what should happen as a result.

Why are they made? Certainty of outcome for the child. Certainty of outcome for the child. Go to trial and lose or negotiate a plea and disposition. Go to trial and lose or negotiate a plea and disposition.

Why are they made? Evidentiary issues. Evidentiary issues.

Why are they made? Victim request. Victim request. Not dispositive but relevant. Not dispositive but relevant.

Why is the Juvenile Court System the way it is?

Because the adult system is like this…

Mark Griffin (612)