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.  In 1905, the Minnesota Legislature passed a law that created Minnesota’s Juvenile Court.  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 believe 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?

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

Vocabulary - Adult Criminal SystemJuvenile System DefendantRespondent Trial by juryAdjudication, not all states give juveniles the right to a jury trial SentencingDisposition CrimeOffense CriminalJuvenile Offender GuiltyDelinquent Sentenced based upon offenseSentencing varies, many options

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

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

Apprehension – Getting caught and taken into custody  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 where the judge decides what to do.

Some Possible Dispositions (Outcomes) in Juvenile Court  Fine  Counseling or Treatment  Community Service  House arrest with electronic monitoring  Probation  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  If a minor age14 years or older commits a serious offense (felony level), the minor may be certified as an adult and tried in adult court.  If a minor is age 16 or older and charged with first degree murder or has a previous adult felony conviction, the minor will be charged as an adult in most cases. If convicted, the minor will receive an adult sentence.

Extended Jurisdiction Juvenile (EJJ)  Alternative to Certifying to Adult Court. Juvenile is 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 private most of the time, but not always.  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 Record  Juvenile Records, though private, can still be seen by certain employers and government agencies. If you have a juvenile record:  You might get a longer sentence if you commit another crime.  You might not be able to work with young children.  You will find it harder to get any job.  Your family might not be able to live in public housing.  You might not be able to join the military or work in law enforcement  You might not be able to own a gun.  You might have a hard time getting students loans for college.

What did you learn?  The goal of Juvenile Court is to help juveniles develop into law abiding citizens. Rather than punishing law breakers (adult court), the goal is to rehabilitate. BUT  Juvenile Court can affect you for a very long time.  Your history with the juvenile court does not completely disappear when you turn 18.