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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