statistics 144,075 children witness domestic violence in salt lake county per year. -victim...

Statistics • 144,075 children witness

domestic violence in Salt Lake County per year. -Victim Advocates' Program data

• 70% of children who grow up in violent homes will end up in violent adult relationships. -Anne Curran, University of Utah

KNOWLEDGE

Law and the Juvenile

Ann Bybee

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FINAL MESSAGE


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Live Each Day

KNOWLEDGE

• 70% of children who grow up in violent homes will end up in violent adult relationships. -Anne Curran, University of Utah

• Boys who witness domestic violence are 10 times more likely to abuse their female partners as adults. -National

Bureau of Justice Statistics


KNOWLEDGE

• 85% of children who witness domestic violence begin to drink as early as age 11. -1997 Utah Governor's Report

• Utah has 15,989 grandparents who are responsible for meeting the basic needs of their and children. -2000 U.S. Census

• An average of 11 domestic violence homicides occur in Utah each year. -Utah Department of Public Safety, 1992-2001


KNOWLEDGE

• In 2001, 14 children lost their lives to child abuse. -Prevent Child Abuse America

• In 2001, there were a total of 4,875 victims of child abuse in Salt Lake, Summit, and Tooele counties. -Utah Division of Child and Family Services


KNOWLEDGE

• Domestic Violence is the single most common source of injury to women. -Violence Prevention

• 50% of all homeless women are fleeing a domestic violence situation. -Myra A. Sheehan 1993


KNOWLEDGE

• Approximately 80% of all persons in domestic violence situations are involved in some form of substance abuse. -Domestic Violence & Sexual Assault

• When a woman leaves her abuser, her likelihood of being murdered by him increases. -Richard

Gelles, 1994

•

• 70% of the homeless population suffers from alcoholism and/or drug addiction. -Salt Lake County Division of Substance Abuse

• On average, women leave their abusers 7 times before leaving permanently. -Richard Gelles, 1994


Glossary of Legal Terms

• Adjudication: Giving or pronouncing a judgment or decree, or the rendering of a decision on a matter before a court.

• Arraignment: The first hearing after a petition has been filed. The juvenile will be asked whether the charges brought against him or her are true or false and to enter a plea accordingly


• Arraignment Waiver: A form which will allow the juvenile to bypass the arraignment and proceed to the pretrial.

• Citation: An abbreviated referral issued by law enforcement requiring the juvenile to appear on a particular day to answer to a specific charge


• Contempt of court: Any act involving disrespect to the court or failure to obey its rules or orders. Contempt of court carries a maximum of 30 days in jail or detention.

• Delinquency: The commission of an illegal act by a juvenile


• Dispositional Report: A written report relating to the child's mental, physical, and social history, submitted by the juvenile probation department or other designated agency to assist the judge in determining a proper disposition.

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• Expungement: A court order allowing the destruction or sealing of records after the passage of a specified period of time or when the person reaches a specified age and has not committed another offense.


• Intake officer: A probation officer employed by the court. The officer will evaluate whether a child should appear before a juvenile judge or be sentenced no judicially.

• Misdemeanor: A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C.


• Non-judicial Agreement: A written agreement between your child, the child's parent, and the intake officer. It will stipulate that no petition be filed with the court if your child admits to the charges and complies with the terms of the agreement.


• Plea in Abeyance: If you plead in abeyance, your admission is put on hold while you complete the requirements ordered by the Judge. Upon completion of these terms, the guilty plea is withdrawn and the charges are dismissed.


• Plea Bargain: A situation whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation.


• Preliminary Inquiry: An investigation and study conducted by the probation department upon receiving a referral to determine whether further action should be taken.

• Probation: A sentence releasing a juvenile into the community or a treatment facility under the supervision of a probation officer, requiring compliance with certain conditions.


• Referral: A written report submitted by a law enforcement officer or other person who has reason to believe a juvenile has committed a crime that would place the child within the jurisdiction of the Juvenile Court.

• Restitution: Court-ordered payment to restore goods or money to the victim of a crime by the offender.


• Plea Bargain: A situation whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation.


• Preliminary Inquiry: An investigation and study conducted by the probation department upon receiving a referral to determine whether further action should be taken.

• Probation: A sentence releasing a juvenile into the community or a treatment facility under the supervision of a probation officer, requiring compliance with certain conditions.


• Submitting to a UA (urinalysis), the court may ask the party to explain why the court order was not obeyed, and to impose punishment. If the party fails to appear or to give sufficient reasons why the court should take no action, the court will take the action.


• Petition: A civil pleading filed to initiate a matter in Juvenile Court, setting forth the alleged grounds for the court to take jurisdiction of the case and asking the court to do so and intervene.

• Plea: The defendant's formal response to a criminal charge.


• Order to Show Cause: Court order requiring a party to appear and show cause why the court should not take a particular course of action. If a party fails to obey a court order (like going to counseling or submitting to a UA (urinalysis), the court may ask the party to explain why the court order was not obeyed, and to impose punishment. If the party fails to appear or to give sufficient reasons why the court should take no action, the court will take the action


• Non-judicial Agreement: A written agreement between your child, the child's parent, and the intake officer. It will stipulate that no petition be filed with the court if your child admits to the charges and complies with the terms of the agreement.



Plea in Abeyance: If you plead in abeyance, your admission is put on hold while you complete the requirements ordered by the Judge. Upon completion of these terms, the guilty plea is withdrawn and the charges are dismissed

• Guardian Ad Litem: A lawyer appointed by a court to represent the "best interests of the child" or incompetent person during court proceedings.

• Hearing: A formal proceeding with definite issues of law or of fact to be heard


• Referral: A written report submitted by a law enforcement officer or other person who has reason to believe a juvenile has committed a crime that would place the child within the jurisdiction of the Juvenile Court.

• Restitution: Court-ordered payment to restore goods or money to the victim of a crime by the offender.


• Court is to promote public safety and individual accountability. The Juvenile Court also promotes rehabilitation, re-education and treatment. Juvenile Court is focused on accountability, protection of the community and skill development.


Know your Statistics:

By seventh grade, the average child has witnessed 8,000 murders and 100,000 acts of violence on the television. There is no doubt that heavy exposure to violence is one of the main causes of aggressive behavior, crime, and violence in society.


Utah’s Juvenile Court systems have established SIX Benchmarks

• Delinquency referrals: Most youth appear in Juvenile Court for lesser offenses. In 2008, delinquency referrals—an important measure of juvenile behavior—to Juvenile Court consisted primarily of misdemeanor offenses (55%), followed by contempt of court (16%), and status offenses (15%). Only 7 percent of delinquency referrals were for felony offenses, the most severe type of offense.


• Juvenile crime: In 2008, the per capita rate of juvenile offenses fell in most categories (felonies, misdemeanors, status, and traffic) when compared with 2007. The per capita rate of felony referrals was 8 per 1,000 youth, down from 9.3 in 2007.

• Restitution paid: Restitution paid to crime victims in 2008, totaled more than $750,000, which means 94 percent of restitution due was paid.


• Law abiding behavior: Whether or not a youth re-offends after being involved with the Juvenile Court is a valuable gauge of the success of the court’s programs. In 2006, the re-offense rate shows 67 percent of youth did not re-offend.

• Drug testing: A juvenile offender’s resistance to drug use helps the court determine progress these youth are making toward law abiding behavior. In 2008, 82 percent of drug tests were negative


• Community service: Ordering community service is one way to hold delinquent youth accountable for the harm they have caused in the community. Community service hours in 2008, totaled nearly 410,000 hours or more than $1.6 million in taxpayer benefits; 92 percent of hours ordered were completed.


• Status Offense: Misbehavior which would not be criminal if committed by an adult (e.g., truancy, runaway, etc.), but is defined as an offense when committed by a minor because of the minor's status.


• Felony: A felony is a major crime for which the maximum imprisonment is more than one year in a state correctional institution. The court may also impose a fine. Felonies are classified into four categories: capital, 1st degree, 2nd degree, and 3rd degree.


JUVENILE RIGHTS

• Miranda Rights:• You have the right to

remain silent.• You have the right to

an attorney.• You have the right to

be heard by a judge or commissioner.


Consequences For Juvenile Offenders

• Fines: Fines differ depending on the type of offense.

• Written Assignments: The probation officer may give the offender the assignment of writing an apology letter or report with regard to their behavior.


• Restitution: Whenever there is damage or loss to a victim restitution must be made in order to make the victim whole again. In some cases a juvenile and his/her family may not have the resources to pay restitution in cash. If they are under 16 years of age they may qualify for the Juvenile Court Restitution Work Team.


• Counseling: Some offenders are referred for counseling with regard to the behavior which led to the offense.

• The Court has at its discretion the ability to order, Psychological Evaluations and Risk/Needs Assessments. These tools can be valuable in deciding on treatment of young offenders


• C.A.R.E. Program: C.A.R.E. (Creating Accountability and Responsibility Through Effort) is a program under the authority of Youth Corrections.

• Home Detention: Home detention is an alternative to detention. The offender must be with a parent/guardian at all times. The offender is not allowed to have phone calls or friends visit.


• Detention: D.T. Various places in Utah


Common Crimes

SHOPLIFT• Walking Out of a store

with an item• Concealment

• Changing the product

(tags, prices, etc)• With a person

shoplifting

Consequences• Civil fine up to $500

• Court Costs:• Community Services

• Probation


THEFT

• Control of the property of another

• Class B misdemeanor ($299 or less)

• Theft of Services

CONSEQUENCE

• Court Costs• Probation


CURFEWDepends on local area

Example:

Salt Lake County

14 and younger : 10PM

14-17: Midnight

Ends 4 AM

You must obey your Parents


FALSE

INFORMATION

You are required to answer questions!– Your full name– Birth Date– Address– Phone Number

TRESPASSING• On property that is

fenced, posted sign, or verbal direction

• If you have not been invited

• School Property, Parks, And lots etc

TOBACCO

• You must be 19

CONSEQUENCE• Ticket

• Fine (possible)• And a program, Court


Alcohol

• Must be 21

• Possession/ Consumption

FINES and CONSEQUENCS

• 1st Referral: Fine• 2nd Referral Court date

and sanctions• Open Container: Fine

• Behind the wheel:• Suspension of License,

fines


DRUGS

Drugs• Possession

• Paraphernalia• Under the influence

CONSEQUENCES• Loss of License

• Court• 3rd degree felony for

• drugs such as meth or coke

Enhancement : • Park, school, etc.


Threats

• Placing a person in fear of bodily injury

• Serious threat, bomb, school, people, animals

CONSEQUENCES

• Fines, Court appearance,

• D.T. • Depends on threat.


Assault

• Defined as an act that causes or creates risk on injury

• Pushing, hitting, kicking, throwing things,

• Can be Verbal• Texting• Written

CONSEQUENCES• Fines

• Restitution• Court


Disorderly Conduct

• Fighting Behavior• Disturbing the peace• Physically Offensive

CONSEQUENCE• Fines

• DT• Court Appearance

• Loss of future employment


Weapons

• Possession • No shooting in the city• No Concealment• No weapons at school

CONSEQUENCE

• Class A misdemeanor• Court• DT• Fines


Destruction of Property

• Vandalism/Criminal Mischief

• Damage, Destroy, Deface, Graffiti

CONQUENCES• DT• Restitution• Court• Community Service


Thoughts


• Community Service: Community Service is a consequence given to those youth to perform work hours rather than pay fines. The work hours are completed on the Juvenile Court Work Team, or for public agencies. Community Service is an opportunity for young people to "payback" the community for their wrongful behavior.


statistics 144,075 children witness domestic violence in salt lake county per year. -victim...

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