Chapter Seven Critical Thinking Exercises

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Chapter Seven Critical Thinking Exercises Dakota Jones Pg. 192 Look up the delinquency and status offense statutes for your state and at least two other states. How are they similar and different? Types of juvenile status offenses: - Skipping school - Violating a curfew (city or couty) - Underage possession - Underage alcohol consumption - Running away - Being beyond the control of parents or guardians Pennsylvania Age boundaries of status offenses: Highest age is 17. 10-17 is considered delinquency jurisdiction Rights of a juvenile: What Are The Rights Of A Juvenile In Pennsylvania? - Criminal Lawyer Montgomery County, PA - Criminal Defense Lawyer Montgomery County - McKenzie Law Firm (davidmckenzielawfirm.com) - The right to call a parent, guardian, or attorney - The right to an attorney - The right to remain silent - The right to education and medical care - The right to a safe and clean residential facility Ohio Ohio – NJDC No statute specifies the youngest age at which a child can be adjudicated delinquent. Juvenile court has jurisdiction over offenses alleged to have been committed prior to a child’s 18th birthday; after age 18, the child is charged in adult court. Florida Florida – NJDC The youngest age at which a youth can be adjudicated delinquent is not specified by any statute. Pg. 193 Explore your state’s statues and find the definitions and guidelines for juveniles and transfer/waiver used by your state. How do they compare with what is presented here? Randomly pick one or two other states to compare those results to your state. Pennsylvania Pennsylvania's Transfer Laws (ojp.gov) Discretionary Waiver Minimum age- 14

Chapter Seven Critical Thinking Exercises Dakota Jones When a juvenile is at least 14 and is accused of a felony, the juvenile court after a hearing may transfer a case for the criminal prosecution if it finds out that: (1) there is a prima facie case that the child committed the offense alleged (2) there are "reasonable grounds to believe" that (a) "the public interest is served" by the transfer (b) the child is not subject to commitment to a mental institution. Factors in determination: - Childs amenability to treatment, supervision, and rehabilitation The court's decision to grant or deny a transfer is not immediately appealable . Presumptive Waiver The burden of establishing by a majority of the evidence that the public interest would not be served by a transfer and that the child is willing to get treatment, supervision, and rehabilitation rests with the child rather than the Commonwealth where a prima facie case is made out that (1) a child of at least 14 used a deadly weapon in the commission of a felony or (2) a child of at least 15 committed any offense that would be excluded from the definition of "delinquent act" if it had been committed with a deadly weapon Statutory Exclusion “The definition of the term "delinquent act" excludes the crime of murder as well as a number of other offenses meeting age/offense/prior record criteria” Reverse Waiver “If a child accused of an excluded offense (see Statutory Exclusion) files a petition requesting a transfer from criminal to juvenile court and establishes by a preponderance of the evidence that a transfer will serve the public interest, the court may order such a transfer. The court must make the transfer determination after considering the same factors that bear on a juvenile court's decision to transfer a case for criminal prosecution (see Discretionary Waiver). Any transfer order must be supported by "specific references to the evidence," and is subject to expedited appellate review. Once a case has been transferred from adult criminal court, the juvenile court may not retransfer it to adult court.” Once an Adult, Always “The term "delinquent act" does not include a crime committed by a child who has been found guilty in a criminal proceeding of anything other than a summary offense.”

Chapter Seven Critical Thinking Exercises Dakota Jones Florida Florida's Transfer Laws (ojp.gov) Discretionary Waiver “At the request of the State's Attorney in the case of a child of at least 14, the juvenile court must hold a hearing to determine whether the child should be transferred for criminal prosecution. Prior to the hearing, the Department of Juvenile Justice must conduct a study and submit a report to the court regarding the child; all parties are entitled to question the author of the report at the hearing. The law lists a number of factors to be considered by the court in making the transfer determination and mandates that any order to transfer a child for criminal prosecution be supported by written findings of fact with respect to each such factor.” Direct File “Charges may be filed directly in the circuit court's criminal division whenever, in the State's Attorney's ‘judgment and discretion,’ the public interest requires it.” Statutory Exclusion “The State's Attorney must file charges directly in the criminal division of the circuit court against any child who meets various age/offense criteria specified by statute.” Once an Adult, Always “A child who has been convicted and sentenced as an adult is thereafter ‘handled in every respect as an adult for any subsequent violation of state law.’" Pg. 197 What measure of delinquency is the best, and why? The measure of delinquency that is the best is skipping school. This measure is the best because children need to be going to school and getting an education. Pg. 203 Waiver protocols vary from jurisdiction to jurisdiction, and many jurisdictions allow for more than one type of waiver. The use of different forms of waiver by state can be found in the document at http://www.ncjj.org/PDF/MFC/MFC_Transfer_2008.pdf. Examine this information and discuss what it tells you about the use of waiver. Judicial waiver laws allow the juvenile courts to waive their jurisdiction over juveniles that have been accused of breaking the law, which clears the way for their prosecution in criminal court. Under the waiver law, a case against a juvenile derives in juvenile court and can only be transferred by the approval of a judge. 45 states have discretionary waiver laws, 15 states have presumptive waiver laws, and 15 states have mandatory waiver laws. Discretionary waiver laws “designate a class of cases in which juvenile courts may consider waiving jurisdiction, generally on the prosecutor’s motion”. Presumptive waiver laws “designate a category of cases which

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Chapter Seven Critical Thinking Exercises Dakota Jones waiver to criminal court as rebuttable presumed to be appropriate”. Mandatory waiver laws “require juvenile courts to transfer certain cases for criminal prosecution, no matter what”. Pennsylvania lies under the statutory exclusion. This means that juvenile courts “leave out certain kinds of cases involving juvenile-age offenders”. Pg. 209 Should juveniles be given full constitutional protections? What would be the consequence of doing so? What would be the consequence of not doing so? I do not think that juveniles should be given full constitutional protections. I believe that juveniles need to be punished for the mistakes they make. The consequences of doing so would mean that juveniles would not get in as much trouble. Pg. 210 What impact has the introduction of due-process rights into the juvenile justice system had on problem youths and the operations of the system? The impact that the introduction of due-process rights into the juvenile system have had on problem youths and the operation of the system is that juveniles have the right to remain silent and the right to counsel. Pg. 217 Information on gangs and characteristics of gang members are routinely gathered by the National Gang Center. Examine the information from the National Youth Gang Survey at http://www.nationalgangcenter.gov/About/Surveys-and-Analyses After examining the information from the National Youth Gang Survey, I did not realize there were as many gangs as there are. I also did not know that there were so many gangs with juveniles. When I think of gangs, I think of adults and those over eighteen. Pg. 220 What impact would eliminating the juvenile justice system have on the adult criminal system? What impact would it have on youths? The impact it would have on the adult criminal system would be that adults would think it is unfair that juveniles can commit crimes, but if they do as adults, they are punished and in the criminal justice system. The impact it would have on youths would be, they would not be punished and would continue to break the law and do criminal activities. There is also the possibility that if juveniles were to not get punished for anything, they could continue on the criminal path as they become adults and could be dangerous to the community.

Chapter Seven Critical Thinking Exercises

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