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Flashcards in FL Juvenile Delinquency Deck (77)
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1

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:

Rehabilitation

2

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
(2) Bail

3

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.

4

The Circuit Court has exclusive original jurisdiction over delinquency proceedings. These cases are often heard in the __________ division of the Circuit Court.

Juvenile

5

Children under the age of ___ when they commit a delinquent act are first referred to Juvenile court.

18

6

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

7

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.

8

The _________ prosecutes delinquency cases.

State Attorney

9

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.

10

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)

11

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?

12

Issues addressed at Detention Hearing:

Should the child be detained or continue in detention.

13

Timeframe for Detention Hearing:

24 hours from arrest

14

Issues addressed at Arraignment:

Should a plea be accepted or should the case be set for trial?

15

Issues addressed at Adjudication (trial):

Did the child commit the delinquent act beyond a reasonable doubt?

16

Timeframe for Adjudication (trial):

21 days from detention

17

Issues addressed at Disposition (sentencing):

What is the least restrictive alternative for rehabilitation and public safety?

18

Timeframe for Disposition (sentencing):

15 days from adjudication

19

The term used in juvenile court for arrests is:

"Taken into custody"

20

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.

Not admissible

21

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.

Risk assessment

22

A child must be released from custody:

As soon as is reasonably possible

23

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

24

The State has discretion to _______ the child from formal court proceedings.

"Divert"

25

Diversion typically recommended by ____________ and approved by the State Attorney.

DJJ probation officers

26

The State agrees ____________ if the child agrees to certain conditions.

Not to prosecute

27

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

28

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)

29

A _____________ is a form of diversion and can also be issued. The child may be referred for community services or appropriate intervention services.

Civil citation

30

A DJJ probation officer conducts a _______________ to determine whether the child can be legally detained before the first court hearing.

Detention risk assessment