JUVENILE JUSTICE

In Minnesota

History of Juvenile Law

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?

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?

Punishment “Eye for an Eye” Way for society to take revenge

Prevention Discourage offender from committing crimes in the future Discourage future offenders

Incapacitation Lock up in jail Protect society from offender

Rehabilitation Focus on changing behavior to lead a productive life Examples: vocational programs, counseling

What do you think is the goal of juvenile justice?

Rehabilitation means to “restore to a useful life.”

The Goal of Juvenile Justice is Rehabilitation.

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?

Taken into custody by police

Petitioned for an offenseFound by court to have committed offenseReceive a disposition to be placed in a juvenile facility or other option

Juvenile System

Adult Criminal SystemArrested 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

Apprehended/Taken

into Custody

Juvenile Court

Disposition Hearing

Trial

Can be certified as an Adult/ Extended Jurisdiction Juvenile

Child in need of

protection

Under age 10 at Time of offense

Age 10-17 at

time of offense Denies ChargeAdmits

to offense charge

Found to have

committed charge

Found n

ot

to h

ave

com

mitt

ed

char

ge

Dismissed

Over 14 and charged

with a felony

Apprehension – Getting Caught 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

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

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

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?

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

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