Juvenile Justice - Teaching Civics

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JUVENILE JUSTICE
In Minnesota
History of Juvenile Law
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Originally, juvenile offenders were treated the same as adult
criminals
Beginning in 1899, states began forming separate juvenile
courts
Juvenile Courts became common and similar in the states in the
1960s
Why do you think states made this change?
How are minors different than adults?
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Generally, minors are not as mature as adults. This
means they may not have the experience or wisdom
necessary to think about their decisions. Their brains
don’t fully develop until they are in their 20s.
Minors may not realize the consequences of their
actions.
Minors have less control over their own lives, and may
be influenced by criminal adults and peer pressure.
We feel that children are basically good and there is a
greater chance that a child can change their behavior
and straighten out.
What is the goal of Criminal Law?
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Punishment
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Prevention
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Discourage offender from committing crimes in the future
Discourage future offenders
Incapacitation
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“Eye for an Eye”
Way for society to take revenge
Lock up in jail
Protect society from offender
Rehabilitation
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Focus on changing behavior to lead a productive life
Examples: vocational programs, counseling
What do you think is the
goal of juvenile justice?
The Goal of Juvenile Justice is Rehabilitation.
Rehabilitation means to “restore to a useful life.”
Vocabulary Adult Criminal System
Juvenile System
Defendant
Respondent
Trial by jury
Adjudication, not all states give juveniles
the right to a jury trial
Sentencing
Disposition
Crime
Offense
Criminal
Juvenile Offender
Guilty
Delinquent
Sentenced based upon offense
Sentencing varies, many options
What Happens?
Juvenile System
Taken into
custody by
police
Petitioned for
an offense
Found by court
to have
committed
offense
Receive a
disposition to
be placed in a
juvenile facility
or other option
Adult Criminal System
Arrested by
police
Charged with
a crime
Found guilty by
court
Sentenced to
an adult
correctional
facility for a
specified
period of time
Minnesota Juvenile Justice System
Can be certified as an
Adult/ Extended
Jurisdiction Juvenile
Apprehended
/Taken into
Custody
Juvenile Court
Under age 10 at Time of
offense
Child in need
of protection
Age 10-17
at time of
offense
Admits to
offense
charge
Disposition
Hearing
Trial
Dismissed
Apprehension – Getting Caught
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Most apprehensions are done by police officers
If the juvenile is between 10 and 17 years of age,
the case is referred to juvenile court and is
considered rehabilitative
If the juvenile is younger the 10 years of age, the
case is sent to juvenile court as a child in need of
protection and social services becomes involved
Going to Court
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Usually a bench trial which means the judge is the
only fact finder and there is no jury
Judge determines if the youth is delinquent
If youth is determine delinquent, the judge sets a
date for the disposition hearing
Some Possible Sentences in Juvenile
Court
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Fine
Counseling or Treatment
Community Service
Electronic Monitoring
Probation
House Arrest
Placement with someone other than a parent, such as in a group
home
Juvenile Detention Facility
Adult Jail, if certified as an adult
Judges often have the ability to give other sentences, as well.
When a Minor is Certified as an Adult
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May be certified as an adult if:
 Older
than 14 years of age and charged with a felony
(generally, a felony is a crime punishable by death or
imprisonment for more than a year)
 Age 16 or older and charged with first degree murder
or has a previous adult felony conviction
If convicted, will receive an adult sentence
Extended Jurisdiction Juvenile (EJJ)
 Alternative
to Certifying to Adult Court. Juvenile not
tried as an adult but may get an adult sentence that
can be used in the future. Last chance before adult
court.
 Between 14 and 17 years of age and charged with a
felony
 Given a juvenile disposition and the adult sentence is
stayed (put on hold) as long as minor obeys the juvenile
disposition or until the minor reaches 21
 At age 21 the court will decide whether to enforce the
adult sentence. May also require extended probation.
What About My Record?
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Juvenile Records are NOT always private.
 If
a 16 or 17 year old is charged with a felony, the
record is public
 If a minor is Certified as an Adult, the record is public
 If a minor has an Extended Jurisdiction that results in an
adult sentence, that is public
 Driving violation records are always public
Possible Future Effects of a
Juvenile Adjudication Record
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Juvenile Adjudication Records, though private, can still
be seen by certain employers and government
agencies. As a result, such a record can result in:
May result in longer sentences if convicted of a crime in the
future
 May not be able to work with young children
 May make it harder to get any job
 Family may not be able to get public housing
 May not be able to join the military or work in law
enforcement
 May not be allowed to own a firearm
 May make it harder to get student loans for college
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