Juvenile Justice Process Research Paper

The Juvenile Justice Process
Detric Johnson
Professor Robert Roth
CRJ 180
13 May 2012

Juvenile Justice Process Intake | Decision to Detain | Qualified Right to Post Bail | Decision to Petition the Case | Prosecutor Decision Making | Dismiss or handle Informally | Petition by requesting adjudication | Waive to adult court for prosecution | Adjudication | Arraignment | Adjudication Hearing | | Disposition | Predisposition Report | Disposition Hearing | |

The first step or stage of the juvenile justice system process is intake. During this stage a juvenile is referred to juvenile court in two main ways, the first is through law enforcement agencies and second, through civilians like parents, guardians, teachers, schools, probation
officers and victims of an alleged crime. (Juvenile Justice pg 258). After each case is referred to the courts prosecutors have two very important decisions to make regarding the cases.
Prosecutors have to decide whether or not to detain the juveniles and petition the cases being referred and or presented. When a juvenile has been taken into custody an officer may take him or her to a juvenile detention center, which is a facility designed for short term, secure confinement of any juvenile prior to court dispositions and or execution of a court order.(Juvenile Justice pg258). Another step within the Intake stage is qualified right to post bail. This right has been given to juveniles as well as adults that have entered the justice systems by way of referrals and or arrests; although most juveniles are released to the custody of their parents or guardians they do not require or are not afforded the right to bail. The final step of the intake stage is the decision to petition the case, which includes whether or not to dismiss the case and release the juvenile to his or her parents or guardians, handle it informally with informal probation or petition the case for formal intervention by the court. A substantial percentage of the case that are dismissed are usually cases that minor or first time offenses against a juvenile. Cases that are handled informally are usually of a higher percentage of dismissed cases. In most informal cases juveniles usually agree to
deterrence programs like community service to satisfy the courts, this also helps their case remain informal instead of formal. The second stage of the juvenile justice process is prosecutor decision making. During this stage the intake officer and the prosecutor makes the decisions on whether or not to dismiss the case, handle the matter formally or informally, petition the case by requesting adjudication of the juvenile and or waive the juvenile to adult court for prosecution.(Juvenile Justice pg.
262). Today prosecutors play a more major part in the intake decisions. Prosecutors have decide whether or not to waive the juvenile to adult court, of course the prosecutor must consider the age of the juvenile as well as the seriousness of the crime or crimes committed. The third stage, which is the adjudication stage, this includes the arraignment and adjudication hearing. During this stage a juveniles is informed of his or her right to counsel, right to adjudication hearing, right to confront and cross examine witnesses, and the right to have witnesses testify on their behalf.(Juvenile Justice pg.262). This is a hearing where the defendant is informed of the charges filed by the State and asked to enter a plea to those charges (Guilty, Not Guilty, or No Contest). The Judge also determines whether the defendant qualifies for representation by the Public Defender. (sao2fl.org)(William “Willie” N. Meggs). At this time if a juvenile pleads not guilty and adjudication hearing is scheduled. An adjudication hearing is much like a trial, but is held in juvenile court to determine if the juvenile committed the offence(s). In this hearing the evidence against the juvenile must prove beyond a reasonable doubt to support the
allegations against a juvenile. (Juvenile Justice pg.264). The final stage of the juvenile justice process which has two parts or steps is the disposition. These two parts are called predisposition and disposition. When a juvenile is adjudicated delinquent the judge can and may order a predisposition report which contains information on the juvenile, a description of the circumstances surrounding the acts and disposition recommendations from his or her probation officer(s).(Juvenile Justice pg.265). The disposition hearing, which is a hearing held after a juvenile has been adjudicated to determine what sanction should be imposed on the juvenile, is where a judge decides the disposition of the juvenile. Dispositions usually include choices or decisions such as suspended judgment, probation and or residential placement. In the juvenile justice process most juveniles do not have the qualified right to post bail because they are usually released to parents and or guardians. I would make the right to post bail the same as adults simply because even though they are juveniles bail should be used for some form of restitution. Second, I would place all juveniles in a detention center after arrests and or referrals as a deterrence method and or scare tactic.

Reference
Juvenile Justice (Policies, Programs and Practices)
http://www.sao2fl.org/Juvenile_Justice_System.htm