JUVENILE JUSTICE SYSTEM
Annie P. Claesson-Huseby
ANNIE P. CLAESSON-HUSEBY
• Bachelor of Science Degree – Public Administration
• Juris Doctorate Degree, with Distinction
• Master’s Degree – Public Administration
• 3 years at Legal Services of Northwest Minnesota
• 10 years as an Assistant Beltrami County Attorney
• Chief Assistant since 2006
• Elected Beltrami County Attorney November of 2014
• Licensed to practice law in State and Federal Court
ADULT – CRIMINAL JUSTICE SYSTEM
JUVENILE – JUSTICE SYSTEM
SIMILARITIES
ADULT CRIMINAL JUSTICE
JUVENILE JUSTICE SYSTEM
• Offenses
• Offenses
• Elements of offense
• Elements of offense
• Right to an attorney
• Right to an attorney (delinquency)
• Charging documents
• Charging documents
• Burden of Proof.
• Burden of Proof.
MAJOR DIFFERENCES
ADULT – CRIMINAL JUSTICE
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Goal – Hold accountable
Rights Advisory (Miranda)
Rules of Criminal Procedure
Open to the Public
Right to Jury Trial
Age – 18 at time of offense
• Exception – 1st Degree Murder (16
y.o.)/DWI/Petty Traffic.
• Sentencing – Guidelines
• Jail/Prison Time
JUVENILE JUSTICE SYSTEM
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Goal – Rehabilitate
Rights Advisory (Miranda, plus)
Rules of Juvenile Protection Procedure
Generally closed to the Public
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No Right to Jury Trial – Exceptions
Age – Under 18 at time of offense
Indeterminate Sentencing
Many disposition options – Least
Restrictive
• Over 16/Felony, EJJ, Certified
CERTIFICATION
• Rules of Juvenile Protection Procedure, Rule 18.01.
• Generally, is applicable when the prosecutor moves for certification, and the
child is alleged to have committed, after becoming 14 years of age, an
offense that would be a felony if committed by an adult.
• Initiated upon motion of the prosecuting attorney. Maybe made anytime
before jeopardy attaches.
• Certification Study. The court upon its own motion or the motion of the
child’s counsel or prosecuting attorney may order social, psychiatric or
psychological studies concerning the child of a certification study.
• Report must address each of the public safety considerations, and options of
the court (certification, EJJ, and retention of juvenile court jurisdiction.
CERTIFICATION VS. EJJ
CERTIFICATION
EJJ
• The child is treated like an adult
from start to finish of the case.
• Child is given a stayed adult
sentence.
• Once certified Juvenile Court
Jurisdiction ends, and District Court
Jurisdiction starts.
• Adult sentence is not imposed
unless the child violates terms of
juvenile probation.
• Adult Sentence from the beginning.
• Case remains in Juvenile Court until
the EJJ is revoked.
CERTIFICATION - CONTINUED
• Presumption of Certification – It is presumed that a child will be certified if:
• The child was 16 or 17 at the time of the offense.
• The delinquency petition alleges that the child committed an offense that would
result in a presumptive commitment to prison under the sentencing guidelines, or
a felony level offense in which the child allegedly used a firearm.
• Probable cause has been determined.
• Note, the presumption can be overcome if the child demonstrates by clear and
convincing evidence that retaining the proceedings in juvenile court serves
public safety.
• Note, note, if the juvenile court does not order certification in a presumptive
certification case, the court shall designate the proceeding as an EJJ
prosecution.
CERTIFICATION - CONTINUED
• Non-presumptive Certification
• If there is no presumption, the court may only order certification only if the
prosecuting attorney has demonstrated by clear and convincing evidence that
retaining the proceeding in juvenile court does not serve public safety.
• In determining whether the public safety is served by certifying the matter, or
designating the proceeding as EJJ, the court shall consider the following factors:
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Seriousness of the offense.
Culpability of the child (level of participation in planning and carrying out offense).
Child’s prior record.
Child’s programming history – including willingness to participate.
Adequacy of the punishment or programming available in the juvenile justice system.
Adequacy of programming available.
Dispositional options available for the child.
CERTIFICATION - CONTINUED
• If juvenile court certifies the matter, the juvenile court jurisdiction ends, and
all subsequent steps in the case are governed by the Minnesota Rules of
Criminal Procedure.
EXTENDED JURISDICTION JUVENILE
• Extended Jurisdiction Juvenile Proceeding (EJJ).
• Extended Jurisdiction Juvenile is a child who has been given a stayed adult
criminal sentence, and for whom jurisdiction of the juvenile court may
continue until the child’s 21st birthday.
EJJ - CONTINUED
• EJJ Study… Same as Certification Study.
• EJJ hearings, generally public is excluded.
• EJJ Determination is REQUIRED if there is a presumption of certification, but
the child has shown by clear and convincing evidence that retaining
jurisdiction in juvenile court serves public safety.
• EJJ is otherwise discretionary. The court may designate the proceeding EJJ
when:
• The court finds that designating the proceeding as EJJ serves the public safety.
EJJ- CONTINUED
• Every child who is the subject of an EJJ prosecution is entitled to a jury trial.
• Upon a guilty plea or conviction the court shall:
• Impose an adult criminal sentence, and stay execution of the sentence on
conditions that the child not violate the conditions of juvenile probation.
• Unless stay is revokes, jurisdiction shall terminate upon the child’s 21st birthday, or
at the end of the maximum probationary period, whichever occurs first. The
court may terminate jurisdiction earlier.
JUVENILE PROBATION
PETTY OFFENDER
• Petty level… Minnesota Statue 260B.235
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Adjudicate Petty Offender
Fine $100
Community Service
Drug Awareness Program
CD Assessment
Probation for 6 months.
Restitution
JUVENILE PROBATION
DELINQUENCY
• Delinquency Disposition – Minnesota Statute 260B.198
• If charged and convicted or plea… then adjudicate delinquent.
• Adjudication can take place at time of plea, or a later time… after predisposition
report is completed by DOC.
• Once adjudicated delinquent – usually placed on supervised probation.
• Indeterminate period of probation up until the juvenile’s 19th birthday.
• Child can be held in an institution for purposes of detention, diagnosis, or treatment
purposes … must be least restrictive.
• Public policy and the law mandates that the best interests of the child are normally
served in parental custody.
• Fine up to $1000.
• Treatment needs
• Remove Driver’s License until 18th Birthday
• Go to school.
JUVENILE JUSTICE SYSTEM
Thank you!!