North Carolina Juvenile Justice Process Chapter 16.5 & Unit 6 Reviews, Pages 54-57

Who is a juvenile in NC? Undisciplined Juvenile Delinquent Juvenile Any person who is at least 6 years of age while less than 18 years of age who is: Regularly disobedient to parents Runs away from home Unlawfully absent from school GS 7B-1501(27) Any person who is at least 6 years of age while less than 16 years who has committed a criminal offense under state law or under a local government including violations of the motor vehicle law. GS 7B-1501(7)

What are the causes of Juvenile Offenses? Abuse & neglect by caregivers Poverty Exposure to criminal behavior Peer pressure

Procedures and Process The focus on offenders and not offenses, on rehabilitation and not punishment, had substantial procedural impact. As public confidence in the treatment model waned, due process protections were introduced, most notably from the case in re gault. Read case study! some stress punishment, but most seek a balanced approach.

The juvenile justice system differs from the adult justice system, but there’s common ground. Juvenile System Adult System Both Goal to rehabilitate Goal to punish Don’t have to commit crime Must break law No guarantee of jury trial Guaranteed jury trial Trial not open to public Guaranteed public trial No bail exists Bail is a guaranteed right Offense Crime Take into Custody Arrest Petition File Charges/Indictment Denial Not Guilty Plea Admission Guilty Plea Adjudicatory Hearing Trial Found Delinquent Found Guilty Disposition Sentencing Detention Jail Aftercare Parole Know charges Lawyer No self- incrimination Face witnesses Due Process Adversarial

Juvenile Court Procedure Police Investigation Juvenile Complaint/Petition Approval Divert Juvenile Court Diversion Contract Or Plan Violate Contract or Plan Juvenile Probation Commitment

Juvenile District Court or Teen Court? Adjudication Hearing Judge decides responsibility and disposition Felonies may be sent to Superior Court as adult Choice of juv. Delinquent Only misdemeanors & 1 offense Must admit responsibility

Dispositional Hearing Supervised Probation Level 1 and/or Level 2 Commitment to a Detention Facility Commitment to a Youth Development Center Level 3

Conditions of Probation Remain on good behavior Not violate any laws Not violate any rules of parent Attend school regularly Be employed Maintain passing grades Not associate with….. Not possess or consume alcohol or other drug Submit to drug screens Submit to warrant less searches Abide by a curfew Possess no weapons other

Level 1 Conditions Cooperate with counseling Pay restitution up to $500.00 Fine Community service up to 100 hours Revoke or prohibit drivers license Spend (5) 24-hour periods in detention Cooperate in out-of-home placement

Level 2 Conditions Cooperate in out-of-home placement Intensive probation House arrest Spend (14-28) 24-hour periods in detention center Community service over 100 hours Cooperate in wilderness program Restitution over $500.00

Level 3: Commitment Commitment to Youth Development Center C.A. Dillon-Butner Stonewall Jackson-Concord Dobbs-Kinston Chatham-Siler City

When Should Juveniles be tried as Adults? Recidivism Egregious nature of the crime Beyond rehabilitation Do adjudicatory hearings, bottom of p. 55.

Warm-Up: Quick Write Do you think “life-without-parole” is an appropriate sentence for youth offenders who commit serious crimes like murder? Explain why or why not. Use arguments and examples from the online reading. Sara’s Story

The Issue Before SCOTUS What patterns do you see in the timeline? Recently, has the Supreme Court been more critical or less critical of harsh punishments? Why? The article notes that the Supreme Court uses “evolving standards of decency” to judge the constitutionality of sentences. What does this mean? How might the Court determine such standards? How and why might today’s standards differ from those of 200 years ago?

Teens Locked Away Forever Are teens as blameworthy in violent crimes as adults? Why or Why Not? At what age do you believe people should be held fully accountable for their actions? Defend your response. Do you think “life-without-parole” is an appropriate sentence for youth offenders who commit serious crimes like murder? Why or why not? Do you think that life-without-parole sentences for teens under 18 years of age violates the 8th Amendment? Why or Why Not? What is the purpose of parole? Why do you think some offenders are sentenced to life imprisonment without the possibility of parole?

Test Cases in Juvenile Sentencing Miller v. Alabama & Jackson v. Hobbes Read case scenarios Debate issues

Actual Court Opinion Majority: The 5-4 Court held that the Eighth Amendment’s prohibition against cruel and unusual punishment forbids the mandatory sentencing of life in prison without the possibility of parole for juvenile homicide offenders. Children are constitutionally different from adults for sentencing purposes. While a mandatory life sentence for adults does not violate the Eighth Amendment, such a sentence would be an unconstitutionally disproportionate punishment for children. Concurring: Argued for an additional determination that the offender actually killed or intended to kill the robbery victim. Without such a determination, the State could not pursue a mandatory life sentence. Dissenting: Court’s role is to apply the law, not to answer questions about morality and social policy. The majority did not sufficiently characterize the punishment as unusual, therefore the punishment did not violate the Eighth Amendment

Appointment Clock Activity Unit 6 Review Page 56

Activity Procedures Fill your appointment cards. Set up page for the activity, 56. Conduct activity. Discuss.

Appointment Clock Reviews 3:00: Explain 5 differences between civil law and criminal law. 6:00: List 5 court cases that deal with the rights of the accused. 9:00: List the 5 types of law and give an example of each. 12:00: Distinguish at least 3 differences between a adult court and juvenile court.

3:00 Explain 5 differences between civil law and criminal law.

6:00 List 5 court cases that deal with the rights of the accused.

9:00 List the 5 types of law and give an example of each.

12:00 Distinguish at least 3 differences between a adult court and juvenile court.

Test is Wednesday! Put Unit 6 Essentials and p. 57 & study these goals and objectives. Study pp. 44-55. Test is thorough! Play Bluff. Game will be online this afternoon.