Chapter 9

The Juvenile Court

Chapter Outline

I. The First Juvenile Justice CourtsII. The Juvenile Court Today

A. Categories of Delinquency B. Diversion

III. Juvenile Court PersonnelA. Juvenile Court JudgeB. Juvenile Court RefereeC. Prosecuting AttorneyD. Defense AttorneyE. Probation Officer

Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.

Chapter Outline Continued IV. Intake

A. Decision to DetainB. Qualified Right to Post BailC. Decision to Petition the

Case1. Case Dismissals2. Cases Handled Informally

V. Prosecutor Decision Making

Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.

Chapter Outline Continued

VI. AdjudicationA. ArraignmentB. Adjudication Hearing

VII. DispositionA. Predisposition ReportB. Disposition Hearing

VIII. The Future of the Juvenile Court

Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.

Juvenile Court Judge Position or office primarily responsible

for the operation of the juvenile court including deciding guilt or innocence and disposition of cases.

Possesses tremendous power over the delinquent and has the ability to remove the delinquent from his family.

Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.

Selection of Juvenile Court Judges

Elected – this is how judges are selected in most states.

Appointed by the Governor Appointed by the Legislature Appointed via the Missouri plan

Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.

Juvenile Prosecuting Attorney Duties of the prosecutor:

Makes the decision of whether a case should be dismissed, adjudicated or diverted.

Decides what charges should be brought against the juvenile.

Responsible for disposition of the case, many times through the use of plea bargaining.

Makes the decision to waive a juvenile to adult court.

Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.

Juvenile Defense Attorney

Present the best case possible to the judge.

Negotiate settlement of the case through plea bargaining if applicable.

Ensure that the rights of the juvenile are not violated during the juvenile justice process.

Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.

Probation Officer

Performs intake screenings that determine if the case is initially handled formally or informally by the juvenile justice system.

Complete predisposition reports that assist juvenile court judges in determining the most appropriate disposition of the case after adjudication.

Monitor juveniles on probation to make sure that they are abiding by their conditions of probation and accessing the services required by the court.

Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.

Decision to Detain

Detention center – a facility designed for short-term secure confinement of the juvenile prior to court disposition or execution of a court order.

Detention hearing – a hearing held in juvenile court during which the judge decides whether the current detention of the juvenile is justified and whether continued detention is warranted.

Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.

Arraignment

The juvenile is made aware of the following

rights: Right to counsel and the right to court

appointed counsel if indigent. Right to an adjudication hearing. Right to confront and cross-examine

witnesses. Right to have witnesses testify on behalf

of the juvenile.

Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.

Juvenile Terms

Plea bargaining – the process by which a juvenile pleads guilty in exchange for concession made by the prosecutor.

Adjudication hearing – a hearing to determine whether there is evidence beyond a reasonable doubt to support the allegations against the juvenile.

Dispositional hearing – a hearing held after a juvenile has been adjudicated to determine what sanction should be imposed on the juvenile.

Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.