Family Court- Bad Kids Breakdown Flashcards
(13 cards)
Criminal Courts are comprised of:
Superior Courts:
Supreme or County Criminal Courts
Family Court is a Supreme Court
Local Criminal Courts:
District court, NYC criminal court, City Court, Town/ Village Court, Superior Court Judge sitting as Local Criminal Court.
Felonies can start but never conclude in Local Criminal Court
What is a Juvenile Offender?
A child 13-14-15 years old who has lost the defence of infancy due to the comission of a specified crime.
What makes a 13 year old a Juvelile Offender?
- Murder 2nd- Intentional
- Murder 2nd- Depraved Mind
What makes a 14-15 year old a Juvelile Offender?
- Murder 2nd- Intentional
- Murder 2nd- Depraved Mind
- Murder 2nd -Felony Murder (Specific Circumstances)
In order for a 14 or 15 year old to be a J.O based on Felony Murder the charges must match the following two acronyms
ARK-BEARS (Felony Murder 2nd preceeding offences) and
MARK-AW-ABRAMS (Offenses that make 14-15 year olds a J.O.)
If offenses in ARK-BEARS dont match the Subdivisions specified in MARK-AW-ABRAMS it will not make a 14-15 year old a J.O. They could still be charged with Murder 2nd but would be adjourned as a J.D. in Family Court
What is a removal proceeding
A 13,14, or 15 year old Juvenile Offender or a 16,17 year old Adolecent Offender, in the interest of justice, is removed from the Criminal Court and sent to the Family Court where they will be charged as a Juvenile Delinquent.
What constitutes an Adolescent Offender?
16-17 year old, charged with a FELONY
Who has exclusive jurisdiction over all proceedings relating to ADOLESCENT OFFENDERS and JUVENILE OFFENDERS
The Superior Courts:
Supreme or County Criminal Courts
Youth Part
Except if Superior Court removes the action to Family Court w/ Removal Proceeding
What is the procedure to be followed following arresting a Juvenile Offender or Adolescent Offender without a warrant?
- The P.O. shall immedeately notify the parent or guardian that such individual has been arrested
- Notify the parent or guardian of the facility where they are being detained
This facility must be a facility designated by the Chief Administrator of the Courts or the offender’s residence
Where is a 16 or 17 year old who committs a VTL Misdemeanor adjourned?
Local Criminal Court
What constitutes a Youthful Offender
- A person charged with a crime alleged to have occurred when the person was 16-17-18 years old
- A person charged with being a J.O.
Who is eligible to be labled as a youthful offender
Every “youth” is eligible to be made a youthful offender unless excluded pursuant to Subd 2 of CPL 720.10:
(A) the conviction to be replaced by a youthful offender finding is for:
1. A class A-I or class A-II felony
2. An armed felony - any violent felony offense defined in section 70.02 of the penal law that includes as an element either:
a) Possession, being armed with or causing SPI by means of a DW, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged
b) Display of what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
EXCEPT AS PROVIDED IN SUBD 3
3. Rape in the first degree, a crime formerly defined in section 130.50 of the penal law, or the crime of aggravated sexual abuse
EXCEPT AS PROVIDED IN SUBD 3
B) Such youth has previously been convicted and sentenced for a felony
C) Such youth has previously been adjudicated a youthful offender following conviction of a felony or has been adjudicated on or after 09/01/1978 a juvenile delinquent who committed a designated felony act as defined in the family court act.
Subd 3. Notwithstanding Subd 2 a youth who has been convicted of:
1. An armed felony offense
2. Rape in the first degree
3. Criminal sexual act in the first degree
4. Aggravated sexual abuse
Can be an eligible youth if the court determines that one or more of the following factors exist:
A. Mitigating circumstances that bear directly upon the manner in which the crime was committed
B. Defendant was not the sole participant in the crime, the defendant’s participation was relatively minor although not so minor as to constitute a defense to the prosecution.
If the court determines an eligible youth is a youthful offender, the court shall make a statement on the record of the reasons anda transcript of which shall be forwarded to NYS DCJS
What constitutes a Juvenile Delinquent
- 7-11 years old, having comitted a PL ARTICLE 125 offense (Homicide)
EXCEPT: PL 125.10 Criminally Negligent Homicide AND is not responsible by reason of infancy - 12-15 years old, comitted a non J.O. crime (MARK-AW-ABRAM)
- 16-17 years old, NON- VTL MISD.
- J.O. or A.O who through removal proceedings has been sent from Criminal Court to Family Court
Where are cases involving Juvenile Delinquents adjourned
Family Court
