1. Juvenile Justice Chapter 10
Juvenile Court in Action

2. Processing of Juvenile Cases
Status Offenders make up for most of the JC workload
Delinquents: although some are referred to adult criminal court depending on the offense and age of youth
Petition can be filed by anyone, but an authorized person by the JC will determine whether the petition is in the best interests of the youth or the public
In Hawaii most petitions are filed by CWS Child Welfare Services through the Attorney General’s Office, the Hawaii County Prosecutor’s Office or the youths probation officer.

3. Processing of Juvenile Cases
Petition usually contains the following:
Facts that brings child to court, within the court’s jurisdiction, with a statement that it is in the best interest of the child and the public that the proceeding be brought, and if delinquent or unruly conduct is allege, the child is in need of treatment or rehabilitation
The name, age and residence address of the child in whose behalf the petition is brought
The names and addresses, if known to the petitioner, of the parents, guardian or custodian of the child and the child’s spouse if any
Whether the child was in custody and if so the place of detention and the time it occurred

4. Processing of Juvenile Cases
Hearing
This occurs after a petition is filed and a date is set for the court/judge to hear the juvenile’s side of the story.
Usually ten days after the petition is filed
Summons:
Issued to the juvenile and guardians to appear at the hearing
Sent registered or certified mail to address of juvenile/guardians
Similar to an arrest warrant in criminal court
States that juvenile is entitled to lawyer

5. Juvenile Court Work Group
Consists of judge, Prosecutor, Defense Attorney, Probation and Guardian Ad Litum
Judge
Rules on pretrial and trial motions involving legal issues, including arrest, search and seizure, interrogation and lineup identification
Makes decisions re: continued detention
Plea Bargaining agreements and informal adjustments
Handle trials, rule on conduct, settle questions of evidence and procedure and guides questioning of witnesses
Dispositional Hearings and deciding treatment of youth
Handles waiver hearings
Handles appeals where allowable by statute

6. Juvenile Court Work Group
Juvenile prosecutor aka Petitioner
Represents interests of the state
Tend to dominate the intake process
Defense attorney aka Respondent
Represents youth in court

7. Juvenile Court Work Group
Probation Officer
Officer of the Court
Primary responsibility is the care and protection of the child, his treatment and rehabilitation
Used initially if the child is in detention or has previous status or criminal offenses
Can be assigned to juvenile by court
Makes investigations, reports and recommendations to court
Receives and examine complaints and charges of delinquency
Supervises children placed on probation
Makes referrals
Takes youth into custody and detains children under their supervision
Arranges to have children removed from the court

8. Juvenile Court Work Group
Guardian Ad Litum
Representative of the juvenile
Appointed by the JC judge for the sole purpose of representing the interest of the juvenile
Required by the Child Abuse Prevention and Treatment Act of 1974
Most often is an attorney, but can be anyone who the juvenile court judge determines will accept that responsibility and act in the best interests of the child
CASA (Court Appointed Special Advocate for Children)
Primarily works with cases of child abuse and neglect
CASA volunteers investigate, evaluate, advocate, recommend and monitor to ensure compliance with court orders and report any changing circumstances

9. Rights of Juveniles
Rights of juveniles are the same as adults, EXCEPT right to jury, and in some states to bail
Juveniles have the right to an attorney in all stages of proceedings
Right to cross examine witnesses
Right to introduce evidence and tell their side of the story
Right to remain silent during hearing

10. 3 Types of Hearings Conference or Preliminary Hearing
Judge informs juvenile of charges in petition, and rights during the proceeding
Determines whether an alleged juvenile should remain in detention
In detention, the judge and probation officer determines whether the child presents a threat to himself or others
Dependent, neglected or abused children may be placed in foster home
Guardian Ad Litum is appointed

11. 3 Types of Hearings Adjudicatory Hearing
Determines whether the allegations of the petition are supported by a:
“Preponderance of the Evidence” (Status Offenses)
“Beyond a Reasonable Doubt” (Criminal Offenses)
Similar to the trial in Adult Criminal Court, EXCEPT
Determined by a Judge whether juvenile is status offender, delinquent or neither
Juvenile makes a plea: an admission or denial
If allegations are sustained, judge makes a finding of fact
Sets a date for a Dispositional Hearing (Sentencing)
Orders a Social Investigation or a Predisposition Report (Presentence Investigation)

12. 3 Types of Hearings Predispositional Report Done by probation officer
Provides a social and psychological study of factors that influenced juvenile’s behavior
Provides judge with social history which helps judge determine a disposition for youth
Judge is greatly influenced by this report
Contains Interviews with:
Child and family members
Psychological and psychiatric examinations of child and guardians
Interviews with employers, youth workers and clergy
Interviews with police, their reports and any witnesses
Interviews with teachers and school officials
Review of police, school and court records
Recommendation of treatment alternatives

13. Landmark Juvenile Cases
Kent vs US (1966): Juvenile transfers to adult court must consider due process, represented by an attorney and attorney have access to JC records
In re Gault (1967) Due process of 14th Amendment in state JC, Right to notice, counsel, against self incrimination
In re Winship (1970) Beyond a reasonable Doubt for criminal cases

14. Landmark Juvenile Cases
McKeiver vs Pennsylvania (1971) No jury trial
Breed vs Jones (1975) Juvenile cannot be adjudicated in JC, then tried for the same offense in adult criminal court
Schall vs Martin (1980) Preventive detention okay in the interests of protecting society and juveniles who might be dangerous to society or themselves

15. Common Dispositions Informal Consent Decree Probation Home Detention:
For minor or first offenses: informal hearing with judge who ask youth & guardian to agree to treatment program
Probation
Youth place under supervision and required to obey terms and conditions of JC
Home Detention:
Restricted to home in lieu of secure placement. Rules include curfew restrictions, go to school, no alcohol or drugs, notification of the parents and youth’s whereabouts
Court Ordered School Attendance: Mandatory School Attendance

16. Common Dispositions Financial Restitution:
Order youth to make financial restitution to victim(s)
Also part of probation
Fines: Some states allow to levy fines against those above 16 years
Community Service: Require juvenile to do community service to work-off debt
Outpatient Psychotherapy
Drug and Alcohol Treatment

17. Common Dispositions Commitment to Secure Treatment:
In serious cases judge may order youth to a long term treatment center such as:
Training School
Camp
Ranch
Group Home
State or Private Run facility
Training schools provide educational, vocational and rehabilitation programs in a secure environment

18. Common Dispositions Commitment to a Residential Community Program
For youth who committed of a less serious nature but who still need to be removed from their homes
Community-based group homes or halfway houses
Attend school or work during the day
Live in a controlled therapeutic environment at night

19. Graduated Sanctions
Continuation of treatment alternatives that include immediate intervention, intermediate sanctions, community based correctional sanctions and secure corrections
Features certainty, speed, consistency, economy, proportionality, progressiveness and neutrality

20. Graduated Sanctions Certainty: It responds to every infraction
Speed: The response is swift
Consistency: Similar infractions receive similar responses
Economy: The response is chosen is the minimum likely to produce the desired result
Proportionality: The level of response should equal the level of offense
Progressiveness: Continued noncompliance results in increasingly severe responses
Neutrality: responses are objective, impartial response to an offense

21. Blended Sentences
Combines both juvenile sentence and an adult sentence for juveniles who have committed serious, but not murderous crimes
If juvenile complies, then he/she gets only juvenile sentence
If noncompliance, he/she can continue on to adult corrections
Adds “teeth” to juvenile dispositions

22. Confidentiality Issues
Involves juvenile hearings, release and publication of juvenile names and juvenile court records
Overall Juvenile Court is closed to public
Some state juvenile courts allow victims, members of public/media to attend hearings for juveniles who have committed violent crimes
Since 1997, 42 states allow release of juvenile names, addresses or picture to media or general public under certain conditions

23. Confidentiality Issues
Juvenile Court Records:
Inspected by judge, officers and professional staff of the court;
Parties to the proceedings and their counsel and representatives
Public or private agency providing supervision or having custody of youth under court order
Court and probation and other officials or professional staff
Attorney for the defendant