1. 3. Petition the case by referring the case further in the system for formal intervention
2. 1. Arrested; brought in
3. 2. Referred to Juvenile Court
4. 3. Sent to intake; 2 options *
4.1. Decision 1: The decision to detain the juvenile
4.1.1. Juvenile may be taken to a detention center: a facility designed for short-term, secure confinement. Also a parent can detain them if able to provide a suitable supervision. If detained, a detention hearing is held within 24 -72 hours of detention.
4.1.1.1. At a detention hearing, a judge decides whether current justification is justified or warranted. Approx. 50% are released after the hearing.
4.1.1.1.1. Juveniles are not usually qualified to post bail in the case parens patriae is eroded. Some states grant juveniles this ability.
4.2. Decision 2: The decision to petition the case
4.2.1. A petition is a document that states the allegations against the individual and requests the juvenile court to ajudicate the individual Decided by a probation officer,. Decision is choosing among 3 alternatives.
4.2.1.1. 1. Dismissing the case against the juvenile, releasing to a parent or gaurdian.
4.2.1.2. 2. Handling the matter informally by placing juvenile on informal probation
5. 4. Prosecutor Decision Making; 4 options *
5.1. 1. Dismiss the Case
5.2. 2. Handle the matter informally. (Community Service, Victim Restitution, Attend School, etc.)
5.3. 3. Petition case by requesting adjudication
5.4. 4. Waive the juvenile to adult court for prosecution
6. 5. Adjudication and Arraignment
6.1. Arraignment: If a petition is filed by prosecutor against a juvenile for alleging delinquent misconduct
6.1.1. Juvenile has 4 rights
6.1.1.1. 1. Right to counsel and right to court-appointed counsel if indigent
6.1.1.2. 2. Right to an adjudication hearing
6.1.1.3. 3. Right to confront and cross-examine witnesses
6.1.1.4. 4. Right to have witnesses testify on behalf of the juvenile.
6.1.2. Asked to enter plea
6.1.2.1. Some enter plea bargaining (~5%). Wasn't needed until recently.
6.2. Adjudication Hearing: A hearing to determine whether there is evidence beyond a reasonable doubt to support the allegations against a juvenile. *
6.2.1. In re Gault granted juveniles rights they did not have previously.
6.2.2. In re Winship, juveniles must be found guilty beyond a reasonable doubt.
6.2.3. However, in McKeiver v. Pennsylvania, juveniles do not have a constitutional right to trial by jury like adults.
7. 6. Disposition
7.1. Predisposition Report: Report that contains background information on the juvenile, a description of the circumstances surrounding the juvenile's delinquent acts, and a disposition recommendation from the probation officer. Serve 3 functions.
7.1.1. 1. Provides comprehensive picture of juvenile and delinquency history
7.1.2. 2. Assists the judge in determining what will most appropriately meet needs of the juvenile.
7.1.3. 3. Include treatment history which can help indicate what has and has not been helpful in the past.
7.2. Disposition Hearing: A hearing held after a juvenile has been adjudicated to determine what sanction should be imposed on the juvenile. 3 outcomes.
7.2.1. 1. Suspend judgement in the case: Postpones decision to see if juvenile can abide by certain conditions.
7.2.2. 2. Probation: Most common type of disposition. Allows juvenile to remain in community if they can abide by certain conditions.
7.2.3. 3. Residential Placement: Being sent to an institution, camp, ranch, or group home. Is more like a prison environment.