Juvenile files are confidential because there are state laws in every state that mandates that juvenile files are confidential. For a juvenile to have there file sealed they have to request it from the court. Most get probation with circumstances like community service, counseling or drug treatment. We have to look at juveniles differently than we do adults because of their developmental progress. Every juvenile officer who goes through training becomes knowledgeable about the juvenile developmental process.
Research of court procedures in the state of Nevada for juveniles offenders who have not yet reached 18 years of age typically enter the juvenile justice system rather than the adult criminal justice system. While many of the crimes committed may be the same, juvenile offenders are subject to different laws and procedures than adults who have been charged with crimes. The juvenile is arrested by police and booked just like adults would be, with the difference that then the child is given to the parents following a court proceeding.
A number of activities are considered offenses when committed by juveniles, because of the their age at the time of the activity. These are called “status” offenses. Examples of status offenses include: 1. Truancy 2. Possession and consumption of alcohol 3. Curfew violations, and 4. Purchase of cigarettes. Nevada strictly enforces minor in possession (MIP) laws and prosecute minors to the fullest extent of the law. In Nevada alcohol, drugs, and tobacco are very accessible to minors due to the exposure to the nightlife.
In other states, however, a minor in a MIP case may be able to receive probation by entering a court-ordered diversionary program, getting medical help, and staying out of trouble. One of the more intensely debated subjects with regard to juveniles has to do with the option to waiver to adult court. Currently, there are three mechanisms by which a juvenile’s case may be waived to an adult court. A judicial waiver occurs when a juvenile court judge transfers a case from juvenile to adult court in order to deny the juvenile the protections that juvenile jurisdictions provide.
All states except Nebraska, New York, and New Mexico, currently provide for judicial waiver and have set a variety of lower age limits. In most states, the youngest offender who can be waived to adult court is a 17 or 18-year-old, although in some states, this age is as low as 13 or 14. The juvenile has to be tried in juvenile or as an adult, but not in both. If the juvenile were tried both times this would be called double jeopardy, violation the fifth amendment right. Juveniles don’t commit crimes; they commit “delinquent acts.
” Instead of a trial, the juvenile has an “adjudication,” after which she/he receives a “disposition” and a sentence. However in juvenile proceedings the parent would have to pay the fine/restitution, and/ or acquired court costs. Juveniles do not have all of the same constitutional rights as adults do. For example, judges hear juveniles’ adjudication hearings because youthful offenders do not have the right to a trial by jury of their peers. They also do not have the right to bail or to a public trial.
However, juveniles do have some extra protections in the juvenile court system that they would likely not otherwise receive in the adult criminal court. Their records are sealed so that they are not haunted by their juvenile offenses for their entire life. Once the juvenile turns 18, her/his records are usually lapsed (erased) if the juvenile has met certain conditions. They also have rights to notice of their delinquent acts before the adjudication hearing, the right to prerelease if their delinquent acts are not violent, and the right to an attorney, including a free public defender if they cannot afford one on their own.
References:Siegel L. J. & Welsh B. C. (2012). Juvenile delinquency: Theory practice, and law. 11th ed. Belmont, CA: Cengage. http://www. dcfs. state. nv. us/DCFS_JJS_Overview. htmThe juvenile courts goal is the balance approach essentially proposes that juvenile courts respond to society’s competing demands for safety, for punishment of juvenile offenders, for redemption of young people gone astray by sensibly balancing them; simultaneously pursuing the goals of protecting the community, holding offenders accountable, and helping them develop the skills and attitudes they need to succeed in becoming law-abiding and productive.
As far as my research on juvenile proceedings in Hawaii, I came upon this information according to Hawaii State Judiciary:Juvenile is a child who is under the age of 18. If a child is in trouble with the law, the child’s parents receive a letter from Family Court. The letter states whether the child is charged with a law violation or a status offense. Law ViolationA child is charged with this type of violation if he or she has been accused of breaking the law. Examples of law violations include stealing money or a car, or hitting or threatening someone. Status OffenseBecause of their juvenile status, children are subject to special rules.
Children can be charged with status offenses if they do the following without expressed consent from their guardian: 5. Cut class. 6. Stay out after curfew hours. 7. Run away from home. 8. Disobey their parents. http://www. courts. state. hi. us/self-help/juvenile/juvenile_proceedings. htmlAs far as Hawaii goes, again the state is very lenient when it comes to the law, due to the aspect of keeping families together more than apart. Take notice that Family Court plays a huge ordeal in the process which I do think is ideal, due to the fact the child is under 18.
Although I do believe if a juvenile keeps re-offending then there needs to be some recourse of consequences, then a simple slap on the hand no longer extend to them. Sometimes it is that tough love that will wake a young juvenile out of their offending coma. Nevertheless I broaden my research and came upon some more insightful information according to Think Before You Plead:Juvenile Collateral Consequences in the State of HawaiiIn the state of Hawaii, the collateral consequences of a juvenile record are limited by Hawaii’s Revised Statutes, which prohibits public access of juvenile records, and limits the distribution of such data.
Despite this limitation, there are exceptions to the general rule that often impacts a juvenile’s future. Collateral consequences frequently stem from access to juvenile records, and can influence education, careers, and public service. >Currently, there is no database or statutory collection that informs juveniles of the collateral consequences that may stem from a juvenile adjudication. Additionally, in the state of Hawaii, many policies regarding the Juvenile Aid Section of the police department and juvenile arrests are not specified in the statute.
>Because juvenile records are considered confidential in Hawaii,there is no statutory obligation or even policy to notify youth of any opportunity to expunge records. Attorneys may file a motion for expungement,but such motion is rare because juvenile files are not accessible to the public absent a court order. An attorney can make a motion to have the record expunged when a juvenile is not formally charged or adjudicated, but even then, the attorney is not required to do so.
Although a juvenile may benefit from having a record expunged, not even the family court judge has an obligation to inform a juvenile of these rights. >Despite records being confidential, many agencies have statutory authority to access the Juvenile Justice Information System (JJIS), which stores all juvenile arrest and court data. The statute permitting access includes, but is not limited to, county police departments, county prosecutors, family courts, youth correctional facilities, social service agencies, as well as agencies conducting research.
http://www. beforeyouplea. com/hi??? As far as my thoughts on the effectiveness of this type of system I am all for it in regards to ensure the juvenile rights are protected and not violated, but at the same time they are held accountable to their actions. I thinks I would like to see more proactive recourse in the community and environment with young offenders than the typical “classes” or certain limited “hours” of community service. Well stated post Frank! Interesting information about California’s juvenile justice system’s procedures.
I was interested in the types of hearing that you have in California. I have never heard of a fitness hearing and a personality hearing. Here in Missouri we have about the same procedures as California besides those hearing that you mentioned. We have an adjudication and disposition hearing when a juvenile petition or motion has been filed. The juvenile officer acts as the prosecutor in many of the areas in Missouri. I determine whether to file on a juvenile or handle the case informally.
I do all of the filing and court work. Once in court I make recommendations to the Judge on the disposition of the case. | | | | It does depend on the offense that the juvenile committed on determining whether he or she is detained. The growing importance in juvenile courts is accountability. Juvenile accountability requires that the juvenile court system respond to illegal behavior in such a way that the offender is made aware of and responsible for the damage perpetrated upon the victim. | | | | | | | |