1. When Kids Get Life

2. Juvenile Courts: Introduction Who is a juvenile? Person under 18 Who is a juvenile offender? Age 10 -17 and 364 days Who has violated any federal or state law, county or municipal ordinance

3. Juvenile or Adult? 16 year old who skips school 15 year old who assaults a classmate 14 year old who commits murder 9 year old who commits murder 15 year old who commits rape 13 year old who shoplifts

4. Who goes to Juvenile Court? Delinquent offenders A minor who has committed an offense punishable by the criminal process. Status offenders A minor charged with committing acts that would not be crimes if committed by an adult. Neglected or abused children When a parent or guardian fails to provide adequate food, shelter or clothing for a minor –or- physically, emotionally or sexually abuses minor.

5. What type of offender? Mary, age 14, regularly skips school, runs away from home and is failing several of her classes. Her parents complain that she is disrespectful at home. John, age 13, was caught spray painting his school. When questioned it is revealed that he is often left on his own for long periods of time. Bill, age 17, robs a store armed with a gun. In the process of the robbery one of store clerks gets shot and dies.

6. What about the parents? Parental Responsibility Laws: Laws that hold parents responsible for their children’s crimes (drug-use, gangs). Contributing to the Delinquency of a Minor: A specific charge that can be filed against a parent if they knowingly aid juvenile delinquency.

7. Key Terms Juvenile Justice System Adult Justice System Offense Take Into Custody Petition Denial Admission Adjudicatory Hearing Found Delinquent Disposition Detention Aftercare Crime Arrest File Charges Not Guilty Plea Guilty Plea Trial Found Guilty Sentencing Jail Parole

8. Procedures Taken into custody Juvenile court intake Prosecuting attorney Released at police station Diversion Case dismissed Custody of parents Hearing Pretrial detention Diversion Custody of parents Case dismissed Waiver Hearing Waiver Hearing Adult court Hearing Pretrial Detention

9. Procedures Prosecuting attorney Custody of parents Pretrial Detention Pretrial Detention Appeal Adjudicatory hearing Disposition hearing Juvenile institution Restitution/ Community Service Probation Aftercare Case dismissed/not delinquent

10. Juvenile Court vs. Adult Court No jury Probation tends to be longer Conditions tend to be more numerous Preventative detention permitted Mandatory holds in CO for crimes involving weapons and crimes of violence No death penalty possible, even if tried as adult Court closed to general public and media* Identity kept confidential* Record will be expunged upon age of majority*

11. Juvenile Rights Right to be notified of charges Right to remain silent Right to counsel Right to call, confront and cross examine witnesses. Right to have parents present for questioning. What amendments guarantee these rights? 5 th and 6 th

13. Should these kids be treated like juveniles, or like adults? Case 1: Marshall, 15, is accused of robbing an 87-year-old woman at gunpoint. He has a long record, and brags of the robbery. Case 2: Leigh, 17, is accused of killing a pedestrian while driving a stolen car. She is remorseful, and has never been in trouble before. Case 3: Carter, 14, is accused of selling drugs for his older brother. According to police, a customer stole Carter’s money, and Carter stabbed the thief in response. He has been arrested twice – both times for selling drugs and the charges were dropped. Case 4: Angela, 15, was arrested for carrying a handgun without a license. This is her second offense. She carries the gun because her brother was shot and she feels unsafe.

14. Charging as an adult in CO: If the juvenile is 14 or over, the DA decides If the juvenile is under 14, the DA and judge decide Criteria: Seriousness or heinousness of the offense (premeditated, aggravated, deadly weapon, etc.) Record of the juvenile Likelihood of rehabilitation

15. Deciding can be tough: Marquese 17-year-old Marquese of San Jose, California is arrested for auto theft and burglary. Marquese is a “frequent flyer” of the justice system. He has seven felony convictions – all theft related. Marquese is the kind of kid the juvenile system is supposed to help. He is still very young emotionally, and very dependent on adults for guidance and approval. He is bright and does well in a structured setting. When in such structure, he does not cause trouble, does his work and is not in a gang.

16. You be the judge... His criminal behavior is repetitive, and he is two months short of being 18. He reoffended while in aftercare (on parole). Marquese reoffends when he is released because he is not given adequate supervision and support. He may reoffend in order to be brought back into the system – The only place he has known structure. He fits the description of a “career criminal,” who, despite receiving multiple rehabilitative services over the years continues to break the law as soon as released.

17. Adult? Or Juvenile? Marquese’s mother has serious substance abuse problems, and his younger brothers and sisters have been removed from her care. She has also served jail time during Marquese’s childhood. She taught Marquese to steal. Marquese was, for one last time, charged as a juvenile. The judge said he still amenable for treatment in the juvenile system.

18. Case Study: Burlington, CO KKTV Coverage Is there enough information to decide?

19. Sentencing Options in CO Commitment to DHS County Jail Detention Placement of custody with relative/suitable person Probation Placement with social services Placement in hospital Fine Restitution Anger management or treatment program

20. Juveniles Serving Life Without Parole There is an estimated 2,589 juvenile offenders serving life without parole. States with highest number of offenders serving life without parole: California: 265 Florida:266 Louisiana:335 Michigan:346 Pennsylvania:444 All except Florida have state laws with life without parole as a mandatory sentence. Source: Human Rights Watch, Data from 2004-2009

21. Inside Juvenile Court http://www.youtube.com/watch?v=diXmUvZb_eg

22. When Kids Get Life Frontline: When Kids Get Life