7Y 04-28-2016 Thursday MN Juvenile Justice System Describe the goals, offenses, penalties, long term consequences, and privacy concerns of Minnesota’s juvenile justice system. Main: chicken taco bowl Alternate: crispy chicken wrap Sides: seasoned rice, mixed veggies, fruit Agenda: Do Now: If a child commits a crime, what should happen? Why? Lesson and Notes: Minnesota’s Juvenile Justice System. Exit Ticket HW: Study for a short quiz on Friday – Types of Taxes

Juvenile Justice In Minnesota

History of Juvenile Law Originally, juvenile offenders were treated the same as adult criminals Beginning in 1899, states began forming separate juvenile courts Juvenile Courts became common and similar in the states in the 1960s Why do you think states made this change?

How are minors different than adults? Generally, minors are not as mature as adults. This means they may not have the experience or wisdom necessary to think about their decisions. Their brains don’t fully develop until they are in their 20s. Minors may not realize the consequences of their actions. Minors have less control over their own lives, and may be influenced by criminal adults and peer pressure. We feel that children are basically good and there is a greater chance that a child can change their behavior and straighten out.

What is the goal of Criminal Law? Punishment “Eye for an Eye” Way for society to take revenge Prevention Discourage offender from committing crimes in the future Discourage future offenders Incapacitation Lock up in jail Protect society from offender Rehabilitation Focus on changing behavior to lead a productive life Examples: vocational programs, counseling What do you think is the goal of juvenile justice?

The Goal of Juvenile Justice is Rehabilitation. Rehabilitation means to “restore to a useful life.”

Vocabulary - Adult Criminal System Juvenile System Defendant Respondent Trial by jury Adjudication, not all states give juveniles the right to a jury trial Sentencing Disposition Crime Offense Criminal Juvenile Offender Guilty Delinquent Sentenced based upon offense Sentencing varies, many options

What Happens? Juvenile System Adult Criminal System Taken into custody by police Arrested by police Charged with a crime Petitioned for an offense Found by court to have committed offense Found guilty by court Sentenced to an adult correctional facility for a specified period of time Receive a disposition to be placed in a juvenile facility or other option

Minnesota Juvenile Justice System Can be certified as an Adult/ Extended Jurisdiction Juvenile Apprehended/Taken into Custody Over 14 and charged with a felony Under age 10 at Time of offense Child in need of protection Juvenile Court Dismissed Age 10-17 at time of offense Found not to have committed charge Denies Charge Admits to offense charge Trial Found to have committed charge Disposition Hearing

Apprehension – Getting Caught Most apprehensions are done by police officers If the juvenile is between 10 and 17 years of age, the case is referred to juvenile court and is considered rehabilitative If the juvenile is younger the 10 years of age, the case is sent to juvenile court as a child in need of protection and social services becomes involved

Going to Court Usually a bench trial which means the judge is the only fact finder and there is no jury Judge determines if the youth is delinquent If youth is determine delinquent, the judge sets a date for the disposition hearing

Some Possible Sentences in Juvenile Court Fine Counseling or Treatment Community Service Electronic Monitoring Probation House Arrest Placement with someone other than a parent, such as in a group home Juvenile Detention Facility Adult Jail, if certified as an adult Judges often have the ability to give other sentences, as well.

When a Minor is Certified as an Adult May be certified as an adult if: Older than 14 years of age and charged with a felony (generally, a felony is a crime punishable by death or imprisonment for more than a year) Age 16 or older and charged with first degree murder or has a previous adult felony conviction If convicted, will receive an adult sentence Vocabulary to Review Felony: the Federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor. Crimes commonly considered to be felonies include, but are not limited to: aggravated assault and/or battery, arson, burglary, illegal drug use/sales, grand theft, robbery, murder, rape, and vandalism on federal property. Broadly, felonies can be categorized as either violent or non-violent (property and drug) offenses. Stayed: the juvenile is first given the chance to complete the terms of the juvenile disposition. If the juvenile fails to complete the juvenile disposition, the adult sentence, which may include incarceration in an adult correctional facility, takes effect.

Extended Jurisdiction Juvenile (EJJ) Alternative to Certifying to Adult Court. Juvenile not tried as an adult but may get an adult sentence that can be used in the future. Last chance before adult court. Between 14 and 17 years of age and charged with a felony Given a juvenile disposition and the adult sentence is stayed (put on hold) as long as minor obeys the juvenile disposition or until the minor reaches 21 At age 21 the court will decide whether to enforce the adult sentence. May also require extended probation.

What About My Record? Juvenile Records are NOT always private. If a 16 or 17 year old is charged with a felony, the record is public If a minor is Certified as an Adult, the record is public If a minor has an Extended Jurisdiction that results in an adult sentence, that is public Driving violation records are always public

Possible Future Effects of a Juvenile Adjudication Record Juvenile Adjudication Records, though private, can still be seen by certain employers and government agencies. As a result, such a record can result in: May result in longer sentences if convicted of a crime in the future May not be able to work with young children May make it harder to get any job Family may not be able to get public housing May not be able to join the military or work in law enforcement May not be allowed to own a firearm May make it harder to get student loans for college