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27 Cards in this Set
- Front
- Back
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3 Parts of The Delinquency Hearing Process |
1. Custody , Interrogation , Detention 2. Examinations , Evaluations, and Adjudications 3. Disposition, Probation, and Detention |
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A child can be taken into custody for |
1. Delinquent Act 2. Criminal Act 3. Failing to comply with Warrant 4. Probable cause of being in violation of Probation or has ran away. |
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Police must attempt to notify the parent when? |
When the child is delivered to the Police Department |
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A child is entitled to legal counsel at |
ALL stages of Delinquency court proceedings. |
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Civil Conduct |
Things illegal due to the age of a minor. |
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Delinquent Offenses |
Things that would be illegal for an adult as wel. |
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When does Miranda Attach |
If the child is subject to custodial interrogation. |
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Some courts have held what as probative of asserting miranda |
Asking for a parent. |
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When is a child considered in custody ? |
The moment he perceives that he is not free to leave. |
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When dealing with a custody issue you must determine |
Whether or not the minor is in custody Whether he waived his miranda rights |
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Whose Miranda rights cannot be waived ? |
Child below 13 and IQ below 7-0 |
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What aspects surrounding situation do you look at when talking about whether Miranda waiver was waived |
1. Time held in isolation 2. The time is day 3. Presence of Parents 4. Number of Police Officers 5. conditions of the interrogation 6. Prior experience with Miranda waivers |
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State must prove that a Miranda confession is |
Knowing, Voluntary and not through the use of Coercion or face. |
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What is the role of a probation Officer |
To complete the intake Report on the Juvenile |
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Intake Report Recommends |
Release, Diversion, Relase subject to petition, Detention subject to petition, U |
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The Higher the risk assessment score |
The more likely a minor is to be detained. |
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Is a detained juvenile entitled to bail? |
No but he is entitled to go in front of a judge within 24 hours |
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Children can only be detained for __-before trial |
21 days unless theres a waiver |
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Children can only be held at a detention for ____ after being adjudicated |
15 days. |
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Risk assessment considers |
1. Whether or not the person is likely to appear 2. Likely to commit a property offense prior to adjudication 3. Child is a risk of safety to the community 4. Whether or not the child has committed past contempt. 5. Child requests protective custody. |
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When is it mandatory for a child to be detained ? |
When the minor possess or discharges a gun on school property Child taken into custody 3 times in the past 60 days. |
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A Child is considered Competent if |
1. They have sufficient present ability to consult with counsel AND 2. A rational and factual understanding of the present proceedings. |
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The competency Standard must address the child's capacity to |
1. Understand the adversarial nature of the legal process 2. Disclose to counsel facts pertinent to the proceedings at issue 3. Display appropriate courtroom behavior 4. Testify relevantly. |
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Florida permits insanity defense but |
Denies infancy defense in juvenile court. |
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Mcnaughton Rule |
1. Considers individuals ability to distinguish fright from wrong at time of incident. 2. Ability to understand the wrongness of the act committed. |
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New Jersey v. TLO Balancing Test |
Part 1: Search must be justified at its inception Part 2: it must be reasonably related to the circumstances at hand. |
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Standard for school officials to search |
Lower reasonable suspicion. |
