MCOLES Juvenile Law

  1. When can you take a juvenile into custody without a court order?
    • When circumstances warrant under one of the following conditions:
    • 1-Found violating any law or ordinance
    • 2-Conditions exsist which would make the arrest lawful if the child were an adult
    • 3. The officer reasonably believes the child is evading the person or proper authority having legal custody
    • 4 Conditions or surrondings under which the child is found are as to endanger his health, morals, or welfare
    • 5. The officer continues a lawful arrest made by a private citizen
  2. What are the requirements for temporarily detaining a juvenilie in complaince with state law?
    • -Isolates the juvie from adult prisoners(sight and sound seperation)
    • -Notifies parent or guardian forthwith and records notification
    • -Photographs and prints the juvie when arrested for any of the 21 listed offenses(any felony or 92+day misdemeanor
  3. Can you transport a juvie with an adult?
    NO, not even a family relation in custody.
  4. The juvie equivilant of a criminal
  5. The juvie equivilant to an arrest warrant
    A petition
  6. The juvie equiviliant to an arrest
  7. The juvie equivilant to a trial
  8. The juvie equivilant to a sentencing
  9. Status Offense
    Any offense that if committed by an adult would not be illegal.
  10. Civil Infractions committed by a juvie fall under the jurisdiction of what court?
    District Court
  11. When is immediate detention of a juvie allowed?
    • -Due to the nature of the violation, release would not be in the best interest of the juvie or the public
    • -No parent or guardian can be located
    • -The parent or guardian refuses to take custody
  12. How long can a juvie be held in relation to a crime in a locked setting?
    6 hours
  13. If anjuvie escapes from a facility or residence that has custody of the child and they contact your police agency what must be immediately done?
    The information must be placed into LIEN.
  14. What factors will a Family Court consider when considering waiving jurisdiction to adult courts?
    • Generally the juvie must be at least 14y.o.
    • The child's prior record, physical and mental maturity, and pattern of living
    • The seriousness of the offense charged
    • Whether the offense is part of a repititive pattern
    • If the child's behavior is likely to render the child dangerous to the public
    • If waiving the child woulfbe in the best interest of the public
  15. What kind of offenses can a juvie automatically be waived to adult proceedings?
    • Murder
    • 1st Degree CSC
    • Armed Robbery
    • Carjacking
    • Kidnapping
    • Serious Assaults
    • Controlled substance violations in excess of 650 grams
  16. If a child is is brought before a juvenile court in a different county than that which they reside can jurisdiction be transfered?
    Yes to the county of residence.
  17. What rights does a juvie have after being charged with a crime?
    • To a prelimanry hearing
    • - To determine if PC exist that the child committed the offense
    • - The hearing must be within 24 hours of detention, unless Sunday or a holiday

    • Hearing Phase
    • -Determine guilt or innocence
    • -Right to jury trial
    • -Right to attorney
    • -must be held within 6 months after petition is filed , unless adjourned for good cause
    • - If the child is detained and the proceedings do not take place within 63 days of petition court shall release pending trial
    • -Proof beyond reasonable doubt

    • Dispositional Phase
    • -Sentencing hearing must occur unless waived
    • -If convicted as adult the hearing is still required to determine if the child should be sentenced as adult or child
    • -If to be sentenced as an adult the burden of proff is on the prosecutor to prove by preponderance of evidence that it is in public's best interest
    • -no right to jury at this phase
  18. What test is used by the court for determining the admissability of a juvie's admission or confession?
    Totality of Circumstances

    • Some factors included:
    • Wheter Miranda requirements were met
    • Degree of police compliance with applicable statues and court rules
    • Presence of adult or guardian
    • Juvies background
    • Age, education, intelligence, extenet of prior experience with law enforcement
    • Length of detention before statement made
    • Repeated and prolonged nature of questioning
    • whether accused was injured, intoxicated, ill, physically abused, threatened with abuse, deprived of foof or sleep, or medical attention
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MCOLES Juvenile Law
KLETC MCOLES Juvenile Law 77th Academy