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Law 8

Juvenile Justice

the juvenile justice system deal witht he problems of delinquency
1st type of delinquency involves an action that, if committed by an adult, would be a criminal offense. Crimes from murder to vandalism
2nd type of delinquency involves an offense/behavior which is prohibited for minors but not for those over a certain age. Like curfew, alcohol, tobacco, runaway, etc.
Parens Patrie (parents for the state) justify court involvement in non-criminal juvenile matters
Loco Parentis (in the place of parents) juveniles are not seen as having their freedom taken away, but rather, the court is exercising its right to act as a good parent in correcting the unacceptable behavior of a child
Kent v. U.S. Court emphasized that juvenile courts must meet certain standards
In Re Gault Court stated that juvenile courts could no longer ignore the constitutional rights of juveniles. Rights were access to a lawyer, notice of charges, privileges against self-incrimination, opportunities to confront and cross-examine witnesses
In re Winship adult court standard of beyond a reasonable doubt in determining the guilt of a juvenile. Juvenile has all constitutional rights that an adult has, except juveniles are not allowed a trial by jury
requirements to get a juvenile record expunged be 18 +, petition the court for an expungement hearing, pay processing fee, have no convictions for a specified period of time
The Juvenile Court Act provides that judges may appoint qualified persons to serve as commissioners to assist with the legal processing of juvenile court cases
Serious Habitual Offender Comprehensive Action Program (SHOCAP) information and case management process for prosecutors, law enforcement officers, schools, probation, judicial, corrections, social service, and community aftercare services.
Serious Youth Offender Act 1995 creates a procedure which will automatically transfer certain juvenile offenders to the adult justice system.
certification method for transferring a juvenile to adult District Court
Juvenile Receiving Center (JRC) and the Truancy Prevention Program provide counseling, protective sercies and safe shelter for children who are victims of abuse or neglect, and specialized treatment services for troubled youth
a juvenile in a detention center can only be held there for 48 hour period (not including weekends and holidays) before he must appear in a Juvenile Court.
Created by: Tiffastic