Flashcards in FL Juvenile Delinquency Deck (77)
The philosophy underlying the juvenile justice system is that although children may commit the same offenses as adults, due to their lack of maturity, children need a different response. The primary goal of the juvenile delinquency system is:
Children in delinquency proceedings have many of the same due process rights as adults charged with crimes. They have the right to an attorney, cross-examination, protection from self-incrimination and double-jeopardy, and proof beyond a reasonable doubt. The two rights they do not get are:
(1) Jury trial
Fourth Amendment Search and Seizure principles apply, EXCEPT:
(1) Lower "reasonable suspicion" standard is enough for searches by school officials at a public school.
(2) Different analysis for admissibility of confessions - based on totality of circumstances, including age.
The Circuit Court has exclusive original jurisdiction over delinquency proceedings. These cases are often heard in the __________ division of the Circuit Court.
Children under the age of ___ when they commit a delinquent act are first referred to Juvenile court.
Once a child is charged with a delinquent act, the court can retain jurisdiction until a child turns ___. But if the child is already committed to DJJ or under a restitution order, the court generally has jurisdiction until the child turns ___ or, in the rarest of cases, _____.
19; 21; 22
Lori is arrested for shoplifting 15 days before her 18th birthday. Does the juvenile court have jurisdiction?
Yes. A juvenile court can only order probation until Lori's 19th birthday. If the court has not yet done adjudication (trial) or disposition (sentencing) by Lori's 19th birthday, the court loses jurisdiction.
The _________ prosecutes delinquency cases.
Counsel for the Child
A child is entitled to counsel at all stages of delinquency proceedings. A child (and parent) who is indigent is entitled to court-appointed counsel.
Plays a big role in recommending whether a case should go forward (intake); providing the court a numerical score that determines whether the child should be released or detained (detention); and in sentencing (disposition). Also runs assessment centers (for intake and screening), detention centers and commitment programs.
Department of Juvenile Justice (DJJ)
Issues addressed at Custody (arrest):
Should the child be detained pending trial?
Should formal charges be filed or should the child be "diverted"?
Should the child be charged as a juvenile or adult?
Issues addressed at Detention Hearing:
Should the child be detained or continue in detention.
Timeframe for Detention Hearing:
24 hours from arrest
Issues addressed at Arraignment:
Should a plea be accepted or should the case be set for trial?
Issues addressed at Adjudication (trial):
Did the child commit the delinquent act beyond a reasonable doubt?
Timeframe for Adjudication (trial):
21 days from detention
Issues addressed at Disposition (sentencing):
What is the least restrictive alternative for rehabilitation and public safety?
Timeframe for Disposition (sentencing):
15 days from adjudication
The term used in juvenile court for arrests is:
"Taken into custody"
Children taken into custody are referred to a juvenile assessment center for intake to assess the child's needs, family situation, relative risks and most appropriate handling of the matter. Information obtained at this stage is _________________ to the court pre-adjudication without the child's written consent.
A DJJ probation officer conducts a __________, in which points are assigned based on the seriousness of the charge and other factors that increase the child's risk to the community.
A child must be released from custody:
As soon as is reasonably possible
If a child is released, the person taking the child into custody must make a written report or probable cause affidavit to the juvenile probation officer ___________ after the release, stating the facts and reasons for taking the child into custody.
Within 24 hours
The State has discretion to _______ the child from formal court proceedings.
Diversion typically recommended by ____________ and approved by the State Attorney.
DJJ probation officers
The State agrees ____________ if the child agrees to certain conditions.
Not to prosecute
Lori's pre-trial diversion requires that she participate in teen court. What happens if Lori successfully completes the 8-week teen court program?
Case will be dismissed
Lori attends 2 teen court session and does not show up for the rest of the program. What happens?
Can in fact be charged (brought back for further prosecution)
A _____________ is a form of diversion and can also be issued. The child may be referred for community services or appropriate intervention services.