Chapter 16.5

1
North Carolina Juvenile Justice Process

• Chapter 16.5 Unit 6 Reviews,
• Pages 54-57

2
Who is a juvenile in NC?

• Undisciplined Juvenile
  

• Delinquent Juvenile

• Any person who is at least 6 years of age while
  less than 18 years of age who is
• Regularly disobedient to parents
• Runs away from home
• Unlawfully absent from school
• GS
  7B-1501(27)

• Any person who is at least 6 years of age while
  less than 16 years who has committed a criminal
  offense under state law or under a local
  government including violations of the motor
  vehicle law.
• GS 7B-1501(7)

3
What are the causes of Juvenile Offenses?

• Abuse neglect by caregivers
• Poverty
• Exposure to criminal behavior
• Peer pressure

4
Procedures and Process

• The focus on offenders and not offenses, on
  rehabilitation and not punishment, had
  substantial procedural impact.
• As public confidence in the treatment model
  waned, due process protections were introduced,
  most notably from the case in re gault. Read
  case study!
• some stress punishment, but most seek a balanced
  approach.

5
The juvenile justice system differs from the
adult justice system, but theres common ground.
Juvenile System
Adult System
Both
Goal to rehabilitate Goal to punish Dont have
to commit crime Must break law No
guarantee of jury trial Guaranteed jury
trial Trial not open to public Guaranteed
public trial No bail exists Bail is a
guaranteed right Offense Crime Take into
Custody Arrest Petition File
Charges/Indictment Denial Not Guilty
Plea Admission Guilty Plea Adjudicatory
Hearing Trial Found Delinquent Found
Guilty Disposition Sentencing Detention Jail
Aftercare Parole
Know charges Lawyer No self-
incrimination Face witnesses Due
Process Adversarial
6
Police Investigation
Juvenile Court Procedure
Juvenile Complaint/Petition
Divert
Approval
Diversion Contract Or Plan
Juvenile Court
Violate Contract or Plan
Commitment
Juvenile Probation
7
Juvenile District Courtor Teen Court?

• Adjudication Hearing
• Judge decides responsibility and disposition
• Felonies may be sent to Superior Court as adult

• Choice of juv. Delinquent
• Only misdemeanors 1 offense
• Must admit responsibility

8
Dispositional Hearing

• Supervised Probation
• Level 1 and/or Level 2
• Commitment to a Detention Facility
• Level 1 and/or Level 2
• Commitment to a Youth Development Center
• Level 3

9
Conditions of Probation

1. Remain on good behavior
2. Not violate any laws
3. Not violate any rules of parent
4. Attend school regularly
5. Be employed
6. Maintain passing grades
7. Not associate with..
8. Not possess or consume alcohol or other drug
9. Submit to drug screens
10. Submit to warrant less searches
11. Abide by a curfew
12. Possess no weapons
13. other

10
Level 1 Conditions

• Cooperate with counseling
• Pay restitution up to 500.00
• Fine
• Community service up to 100 hours
• Revoke or prohibit drivers license
• Spend (5) 24-hour periods in detention
• Cooperate in out-of-home placement

11
Level 2 Conditions

• Cooperate in out-of-home placement
• Intensive probation
• House arrest
• Spend (14-28) 24-hour periods in detention center
• Community service over 100 hours
• Cooperate in wilderness program
• Restitution over 500.00

12
Level 3 Commitment

• Commitment to Youth Development Center
• C.A. Dillon-Butner
• Stonewall Jackson-Concord
• Dobbs-Kinston
• Chatham-Siler City

13
When Should Juveniles be tried as Adults?

• Recidivism
• Egregious nature of the crime
• Beyond rehabilitation
• Do adjudicatory hearings, bottom of p. 55.

14
Warm-Up Quick Write

• Do you think life-without-parole is an
  appropriate sentence for youth offenders who
  commit serious crimes like murder? Explain why or
  why not.
• Use arguments and examples from the online
  reading.
• Saras Story

15
The Issue Before SCOTUS

• What patterns do you see in the timeline?
  Recently, has the Supreme Court been more
  critical or less critical of harsh punishments?
  Why?
• The article notes that the Supreme Court uses
  evolving standards of decency to judge the
  constitutionality of sentences. What does this
  mean? How might the Court determine such
  standards? How and why might todays standards
  differ from those of 200 years ago?

16
Teens Locked Away Forever

• Are teens as blameworthy in violent crimes as
  adults? Why or Why Not?
• At what age do you believe people should be held
  fully accountable for their actions? Defend your
  response.
• Do you think life-without-parole is an
  appropriate sentence for youth offenders who
  commit serious crimes like murder? Why or why
  not?
• Do you think that life-without-parole sentences
  for teens under 18 years of age violates the 8th
  Amendment? Why or Why Not?
• What is the purpose of parole? Why do you think
  some offenders are sentenced to life imprisonment
  without the possibility of parole?

17
Test Cases in Juvenile Sentencing

• Miller v. Alabama Jackson v. Hobbes
• Read case scenarios
• Debate issues

18
Actual Court Opinion

• Majority The 5-4 Court held that the Eighth
  Amendments prohibition against cruel and unusual
  punishment forbids the mandatory sentencing of
  life in prison without the possibility of parole
  for juvenile homicide offenders. Children are
  constitutionally different from adults for
  sentencing purposes. While a mandatory life
  sentence for adults does not violate the Eighth
  Amendment, such a sentence would be an
  unconstitutionally disproportionate punishment
  for children.
• Concurring Argued for an additional
  determination that the offender actually killed
  or intended to kill the robbery victim. Without
  such a determination, the State could not pursue
  a mandatory life sentence.
• Dissenting Courts role is to apply the law, not
  to answer questions about morality and social
  policy. The majority did not sufficiently
  characterize the punishment as unusual, therefore
  the punishment did not violate the Eighth
  Amendment

19
Appointment Clock Activity

• Unit 6 Review
• Page 56

20
Activity Procedures

• Fill your appointment cards.
• Set up page for the activity, 56.
• Conduct activity.
• Discuss.

21
Appointment Clock Reviews

• 300 Explain 5 differences between civil law and
  criminal law.
• 600 List 5 court cases that deal with the
  rights of the accused.
• 900 List the 5 types of law and give an example
  of each.
• 1200 Distinguish at least 3 differences between
  a adult court and juvenile court.

22
300

• Explain 5 differences between civil law and
  criminal law.

23
600

• List 5 court cases that deal with the rights of
  the accused.

24
900

• List the 5 types of law and give an example of
  each.

25
1200

• Distinguish at least 3 differences between a
  adult court and juvenile court.

26
Test is Wednesday!

• Put Unit 6 Essentials and p. 57 study these
  goals and objectives.
• Study pp. 44-55. Test is thorough!
• Play Bluff. Game will be online this afternoon.