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77 Cards in this Set
- Front
- Back
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When is a detention hearing held for a youth arrest?
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Detention hearing must be held within 48 hours (excluding weekends and legal days) of child being taken into custody.
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What are the four recommendations that the Juvenile Probation Department can give for a child after its Preliminary Inquiry?
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1. File delinquency petition. If youth is in detention, must file within 7 days, excluding weekends and legal days, of youth being taken into custody.
2. Refer case to social service agency 3. Informally adjust the case/Diversion 4. Dismiss the case. |
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What happens at the Initial Hearing?
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There is an initial hearing and:
1. Either admit or deny 2. If admitted, hold a Dispositional Hearing. 3. Review Hearing. 4. If lose, Appeal 5. If you lose Appeal, PC TC 60 motions |
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What does a police officer need in order to take a child into custody?
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A youth alleged to have committed a delinquent act may be taken into custody by a law enforcement officer who has probable cause to believe that the child committed a delinquent act.
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What was the purpose of changing the juvenile court system in 1899?
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The Judge was more like a parent then a judge. “Fatherly figure.” Idea was kids were less responsible so we are going to treat them differently. Instead of punishing we are going to rehabilitate.
Change from punishment to rehabilitation. |
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Is the denial of juveniles to the right of jury a rule or an exception?
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It should be noted at this point that the denial of trial by jury for juveniles has been the rule rather than the exception throughout the rest of the United States, even where such denial is not, unlike Indiana, expressly contained in a statute.
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Are juvenile proceedings considered criminal or civil in nature?
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juvenile proceedings are considered civil in nature and not criminal, the statutory denial of the right to trial by jury has never been thought to violate the Indiana Constitution.
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Were juvenile hearings to be conducted free from the formalities, procedural complexities, and inflexible aspects of criminal proceedings?
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Yes.
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What are some of the factors during the hearing that the juvenile court judge takes into account?
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the child's age, his family life, the nature of the charges against him, the environment in which he lives, his relationship with his parents, previous acts of delinquency, and any other pertinent factors relevant to the child and his conduct.
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By encouraging informality and according the juvenile judge the widest possible discretion in dealing with the child, at least three goals are achieved
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(1) The child will feel that he is being dealt with fairly, firmly and compassionately by the state. The less complex the procedure and the less formal the relationship between judge and juvenile, the more likely the child will understand the proceedings before him and the disposition thereof.
(2) In an informal setting the child can develop a meaningful relationship with the juvenile judge, a factor which often in itself is enough to motivate him to comply with the law. (3) The child in an informal hearing is less apprehensive and would likely be more cooperative in getting to the root of his own problems. It is highly doubtful that he would feel so disposed in a trial court, faced with a hostile prosecutor and a stolid jury. |
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What did In Re Gault say about due process for juveniles?
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In Gault, the Court held that the Fourteenth Amendment standards of procedural due process are applicable to juvenile proceedings, but nothing in that opinion either expressly or impliedly says that all of the guarantees of the Bill of Rights need necessarily be applicable.
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Why does Indiana believe that jury trial is not suited for juvenile proceedings?
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"A jury trial, with all the clash and clamor of the adversary system that necessarily goes with it, would certainly invest a juvenile proceeding with the appearance of a criminal trial, and create in the mind and memory of the child the same effect as if it were. In our opinion there is more to be lost than gained. Certainly we cannot regard a jury as a better, fairer, more accurate fact-finder than a competent and conscientious circuit judge. There may be some judges who do not fit this description, but neither do all juries."
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Does Indiana believe that the presence of a jury would interfere with the proper administration of the JJS?
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This court takes the position that the presence of a jury would interfere with the proper administration of the juvenile system without adding any appreciable protection to the rights of the juvenile. We believe that, among others, his rights to counsel, cross-examination of witnesses, confrontation of his accusers, and the privilege against self-incrimination, afford the juvenile the constitutional protection he requires without diminishing the beneficial elements intended for him by our Juvenile Act.
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Is the juvenile proceeding a criminal proceeding?
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The juvenile court proceeding has not yet been held to be a "criminal prosecution," within the meaning and reach of the Sixth Amendment,
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Does the Supreme Court call a juvenile proceeding civil or criminal?
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Little, indeed, is to be gained by any attempt simplistically to call the juvenile court proceeding either "civil" or "criminal." The Court carefully has avoided this wooden approach.
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What is the applicable due process standard in a juvenile proceeding?
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All the litigants here agree that the applicable due process standard in juvenile proceedings, as developed by Gault and Winship, is fundamental fairness.
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Are States allowed to have jurys for juvenile cases?
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There is, of course, nothing to prevent a juvenile court judge, in a particular case where he feels the need, or when the need is demonstrated, from using an advisory jury.
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One of the problems with a juvenile court trial is that it would then be made public.
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Do we really want a public trial for kids? Would that be too much with the traditional delay, the formality, and the clamor of the adversary system?
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What does Justice Douglas say in opposition to denying kids a jury trial?
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The Fourteenth Amendment, which makes trial by jury provided in the Sixth Amendment applicable to the States, speaks of denial of rights to "any person," not denial of rights to "any adult person"; and we have held indeed that where a juvenile is charged with an act that would constitute a crime if committed by an adult, he is entitled to be tried under a standard of proof beyond a reasonable doubt. In re Winship, 397 U.S. 358.
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True or False: Denying a child a trial by jury is unconstitutional.
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False
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What does In re Gault hold?
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In re Gault holds that the Due Process Clause of the Fourteenth Amendment applies when a child is charged with misconduct for which he may be incarcerated in an institution, regardless of the labels of the adjudication and institution, so the child is entitled to notice of charges, counsel, confrontation and cross-examination, and the privilege against self-incrimination.
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Is incarceration a taking of liberty?
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Gault holds that regardless of benevolent-sounding labels, incarceration, when applied to children, is a taking of liberty under the Fourteenth Amendment.
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What are some reasons that jury trials are appropriate for kids?
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The purposes of the right to jury trial, discussed in Duncan, such as protection "against the corrupt or overzealous prosecutor and against the complaint, biased, or eccentric judge," apply as much in children's cases as in adults' cases.
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What are the Stages of Proceedings in juvenile court in Indiana?
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1. Arrest and Detention of alleged delinquent child
2. Detention Hearing and Detention Reviews 3. Filing of Delinquency Petition 4. Initial Hearing 5. Waiver Hearing 6. Fact Finding or Plea Negotiation 7. Disposition 8. Post-Disposition Proceedings |
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How long do you have before a detention hearing for juveniles not released to parents?
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Indiana law states that if the juvenile is not released to his parents, a detention hearing must be held within 48 hours of the child being taken into custody, excluding weekends and legal holidays.
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When is counsel appointed in Indiana?
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The law requires that the court appoint defense counsel at the detention hearing if counsel is not already present and if the child has not waived his right to counsel.
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What is a preliminary inquiry?
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The preliminary inquiry is an investigation into the facts and circumstances reported to the court, including information on the child's background, current statuts, and school performance. The probation officer then recommends whether to file a delinquency petition, informally adjust the case, refer the case to another agency, or dismiss the case. The petition must be filed within 7 days after the youth has been taken into custody.
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What happens at the initial hearing?
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The juvenile is informed of the nature of the allegations, his or her right to be represented by counsel, have a speedy trial, confront witnesses, x-examine witnesses, and obtain witnesses or tangible evidence that the prosecutor has. The court must appointed counsel if counsel has not already been appointed or waived. The youth also admit or denies allegations in the delinquency petition at the initial hearing.
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What are the two ways that juvenile cases can be heard in adult court?
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1. if the juvenile is alleged to have committed an act over which the juvenile court does not have jurisdiction, the case will be filed directly with the adult court.
2. If the juvenile is alleged to have committed an act over which the juvenile court has jurisdiction, but the alleged act is such that the prosecutor can waive it to adult court. |
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What standard is used to determine whether a case is waived to adult court?
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At the WAIVER HEARING, the state must prove beyond a preponderance of the evidence that the juvenile court should waive jurisdiction by arguing that the child committed the act in the delinquency petition, that the child is of age required by statute, and that it is not in the child's best interest or community safety for the child to remain in the juvenile court system.
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When must a juvie court waive jurisdiction to adult court?
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The court shall waive jurisdiction over children 16 years or older upon a motion by the prosecuting attorney and after a full hearing, if there is probable cause that the youth committed a Class A or B felony, or involuntary manslaughter or reckless homicide as a Class C felony, unless it is in the best interest of the child and the community for the child to main in the juvie court system.
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Adjudication of a delinquent offense must be prove by?
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Beyond a reasonable doubt at the fact finding hearing.
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Are adjudications in juvenile court subject to direct appeal to the Indiana Court of Appeals?
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Yes.
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Does youth retain the right to counsel on appeal?
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Yes
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Is there bail in juvenile court?
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No.
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parens patriae philosophy
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The parens patriae philosophy of the Juvenile Court "is not an invitation to procedural arbitrariness."
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The Juvenile Court Act requires "full investigation," and makes the Juvenile Court records available to persons having a "legitimate interest in the protection . . . of the child. . . ." What are those provisions?
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These provisions, "read in the context of constitutional principles relating to due process and the assistance of counsel," entitle a juvenile to a hearing, to access by his counsel to social records and probation or similar reports which presumably are considered by the Juvenile Court, and to a statement of the reasons for the Juvenile Court's decision sufficient to enable meaningful appellate review thereof.
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What happened in Kent?
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The judge just claimed that there was a full investigation. Kent got no hearing, without effective assistance of counsel, without a statement of reasons. It would be extraordinary if society's special concern for children permitted this procedure.
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In Kent, did the court say that it did not mean to indicate that the hearing to be held must conform with all of the requirements of a criminal trial or even of the usual administrative hearing, but it did hold that the hearing must measure up to the essentials of due process and fair treatment?
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Yes.
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Is the juvenile court the only court that can properly consider waiver?
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Yes, because it has exclusive jurisdiction over juvenile cases.
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What does waiver of jurisdiction mean?
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Waiver of jurisdiction refers to an order of the juvenile court that waives the case to a court that would have jurisdiction had the act been committed by an adult. Waiver is for the offense charged and all included offenses.
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What are two reasons that the prosecutor might waive jurisdiction to a child at least 14 years of age?
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If the child is beyond rehabilitation under the juvenile system and it is in the best interests of safety and welfare of the community that the child stand trial as an adult.
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Indiana's waiver statute for juvenile murder states:
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Upon a motion by the prosecuting attorney and after full investigation and hearing, the juvenile court shall waive jurisdiction if it finds that:
1. the child is charged with an act that would be murder if committed by an adult 2. probable cause that child committed the act 3. child was at least 10 y/o |
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Indiana Class A & B Felonies states that:
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The court shall, upon motion of the prosecutor, and after FULL investigation and hearing, waive jurisdiction if it finds that:
child committed act that would be a class A or B felony; involuntary manslaughter; reckless homicide; probable cause; and the child is at least 16 years old, Unless it would be in the best interests of the child and of the safety and welfare of the community for the child to remain within the juvenile justice system. |
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A waiver order must...
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include specific findings of fact to support the order.
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Which is more discretionary, may or shall?
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May
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Why are juvenile proceedings unlike criminal proceedings?
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Juvenile proceedings are of a general civil nature, and the burden upon the State is to establish by a preponderance of the evidence that juvenile jurisdiction should be waived.
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To prove that a juvenile is beyond rehabilitation, what does the State need to prove?
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Needs to prove juvenile is beyond rehabilitation by a preponderance of the evidence.
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In Indiana, is evidence of a prior delinquency adjudications and/or formal disposition a prerequisite to finding a child is beyond rehabilitation?
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No. Evidence of prior delinquency adjudications and/or informal dispositions is not a prerequisite to a TC's decision that a child is beyond rehabilitation.
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Some believe that by sending juveniles to adult prison...
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that we are really just teaching them how to be hardened criminals, which does more harm to society in the long run.
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Why do we have the JJS?
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To assist, rehabilitate, and educate youth offenders
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Why is notice important?
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So you can prepare a defense, and you need to know when it happened, what statute it violates, etc
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Why is counsel important?
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1. To understand the charges.
2. All the other court appointed people are not in the child’s best interested. It would be a probation officer or a parent, which is bad news for the kids. Probation officers and parents are not trained in the law. |
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Notice of Charges:
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Due process requires, in such proceedings, that adequate written notice be afforded the child and his parents or guardian. Such notice must inform them "of the specific issues that they must meet," and must be given "at the earliest practicable time, and, in any event, sufficiently in advance of the hearing to permit preparation." Notice here was neither timely nor adequately specific, nor was there waiver of the right to constitutionally adequate notice.
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Notice of right to counsel:
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The child and his parents must be advised of their right to be represented by counsel and, if they are unable to afford counsel, that counsel will be appointed to represent the child.
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privilege against self-incrimination
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An admission by the juvenile may [not] be used against him in the absence of clear and unequivocal evidence that the admission was made with knowledge that he was not obliged to speak, and would not be penalized for remaining silent.
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[T]he availability of the privilege does not turn upon the type of proceeding in which its protection is invoked, but upon the nature of the statement or admission and the exposure which it invites. . . .
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[J]uvenile proceedings to determine "delinquency," which may lead to commitment to a state institution, must be regarded as "criminal" for purposes of the privilege against self-incrimination.
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Absent a valid confession...
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...a juvenile in such proceedings must be afforded the rights of confrontation and sworn testimony of witnesses available for cross-examination.
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S]pecial problems may arise with respect to waiver of the privilege by or on behalf of children, and . . .
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there may well be some differences in technique -- but not in principle -- depending upon the age of the child and the presence and competence of parents. . . . If counsel was not present for some permissible reason when an admission was obtained, the greatest care must be taken to assure that the admission was voluntary
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Are juveniles afforded appellate rights?
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In Indiana yes, but the SC has never said it is a fundamental right for juveniles
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Right to counsel
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As a component part of a fair hearing required by due process guaranteed under the 14th amendment, notice of the right to counsel should be required at all hearings and counsel provided upon request when the family is financially unable to employ counsel.
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Counsel is equally essential for the determination of delinquency...
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because it carries with it the awesome prospect of incarceration in a state institution until the juvenile reaches the age of 21.
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What is the keystone of procedural justice?
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The presence of an independent legal representation of the child, or his parent, is the keystone of the whole structure of guarantees that a minimum system of procedural justice requires.
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Why is the juvenile system partly adversarial?
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Because facts are disputed, rules of evidence are used, confrontation of witnesses occurs, and other adversary procedures are called for. Many cases involve conduct that can lead to incarceration or close supervision for long periods of time. And it is the disposition stage at which the opportunity arises to offer individualized treatment plans and in which the danger inheres that the court's coercive power will be applied without adequate knowledge of the circumstances.
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IT would be surprising if the privilege against self incrimination were available to hardened criminals but not to children.
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The language of the 5th amendment applicable to the states by operation of the 14th amendment is unequivocal and without exception.
Juvenile proceedings to determine delinquency which may lead to commitment to a state institution must be regarded as criminal for purposes of the privilege against self incrimination. |
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There is no guarantee that when a juvenile is apprehended and interrogated by police...
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that he will remain outside the reach of the adult courts as a consequence of the offense for which he has been taken into custody.
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What are four factors to consider when determining whether a knowing and intelligent waiver of the right to counsel occurred?
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The Indiana Supreme Court has adopted four factors to consider when determining whether a knowing and intelligent waiver of the right to counsel occurred: (1) the extent of the court's inquiry into the defendant's decision, (2) other evidence in the record that establishes whether the defendant understood the dangers and disadvantages of self-representation, (3) the background and experience of the defendant, and (4) the context of the defendant's decision to proceed pro se.
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Meaningful Consultation
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In the context of a juvenile's waiver of the right to counsel, the meaningful consultation requirement of Ind. Code Section 31-32-5-1 will be met when the State demonstrates actual consultation of a meaningful nature or the express opportunity for such consultation, which is then forsaken in the presence of the proper authority by the juvenile, so long as the juvenile knowingly and voluntarily waives his constitutional rights. Either an express, but declined, opportunity to consult or anywhere between fifteen and forty-five minutes of actual consulting time between parent and child has been held to be sufficient to satisfy the meaningful consultation requirement.
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Juvenile Waiver:
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State has heightened burden of proving:
Knowing Voluntary Meaningful Consultation |
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What are two heightened burdens the State has has a juvenile has waived his or her right to counsel?
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The State bears a heightened burden in securing in juvenile’s waiver of his or her right to counsel,
The State bears the heavy burden of proving that the meaningful consultation requirement has been met. |
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What does Indiana's juvenile system lack?
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It lacks effective oversight and monitoring to ensure adherence to structural standards and compliance with basic performance guidelines.
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When should a youth's waiver of counsel be accepted?
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(according to article) only after the youth has consulted with an attorney about the decision and continues to desire to waive the right.
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What were the most common reasons that youth said they waived right to counsel?
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1. they were guilty
2. they were caught red handed 3. They could not afford counsel |
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In Indiana, what was the most significant factor in the decision of children to waive their right to counsel?
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A parent or authority figure telling them to do so. Parents want children to take responsibility for their actions without understanding their child's rights ot the consequences a child my face by waiving right to counsel.
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do attorneys need to do for children?
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zealously advocate
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Appropriate treatment
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The dispositional phase of juvenile proceedings is one of the primary features that distinguish it from the adult criminal system. The purpose of disposition is to develop treatment and rehabilitation plans for juveniles that meet their educational, emotional, and physical needs while protecting the public from future offenses.
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Should juvenile dispositions (sentences) be the least restrictive possible?
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Yes. Judges should order the least restrictive dispositions that satisfy the needs of both the youth and society. The disposition should be consistent with rehabilitation and other state goals.
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