Juvenile Process and Corrections

Juvenile Process and Corrections

Detained

Dispositional
Hearing
Jurisdictional Hearing
[Detained]
Rehearing
Pretrial Hearing
[Released]
Home Supervision
Detention Hearing
Probation
Commitment
Detention Pretrial Hearing
Petition

Detained The officer will have several choices as how to handle the situation. First the officer would need to determine if the situation is serious enough to take Collen directly to the Juvenile Center intake unit. The officer could also decide to write a citation and make Collen, and her aunt sign a promise to see a probation officer at the Juvenile Center. In this case with Colleen M. the officer took Colleen to the Juvenile Center intake unit and asked that charges be filed since the situation was serious with the death of a neighbor. The officer will have several choices as how to handle the situation. First the officer would need to determine if the situation is serious enough to take Colleen directly to the Juvenile Center intake unit, or if writing a citation. Colleen and her aunt would sign a promise to see a probation officer at the Juvenile Center. The officer needs to investigate then to receive the evidence and facts to determine if the death was caused by Colleen acting in a reckless or criminal negligence. Or if Colleen had not simply thrown what she believed to be water in a bucket on the neighbor in an effort to douse the fire of the scarecrow as she stated. Petition Once the probation officer gave the suggestion for charges of manslaughter, the DA filed a petition. The petition has information on Colleen M. such as her name, age, her current address. The code that details what section that Colleen has broken. The charges against her will be determined if they will be charged as a misdemeanor or felony. It will be verified that the address for Colleen is the same as her aunt. The petition also has a short statement that describes what happened and if Colleen will be kept in custody or released. The DA must decide if Colleen M. will be charged with a misdemeanor or felony. If the involuntary manslaughter is to be charged as a felony, the DA has only 48 hours to file a petition. If the charge will a misdemeanor the DA has 72 hours, there are always deadlines in filing concerning a minor that has been locked up only.
Detention Hearing Once the petition has been filed, the detention hearing is started to decide if Colleen M. should be locked up, if at this time Colleen M. had been already detained, the courts would decide if she would continue to be detained. At the detention hearing, Colleen M. would learn why she was detained and the charges against her. The charges were determined to be involuntary manslaughter. The charge involuntary manslaughter is used since there was a death, “Involuntary manslaughter is defined as the unlawful killing of a human being without malice aforethought. In order to be involuntary manslaughter, the killing must have been unintentional. Generally, there are two ways to commit involuntary manslaughter: when a person causes the death of another during a lawful act carried out with a high level of negligence, or when a person causes the death of another while committing or attempting to commit a low-level unlawful act” (Criminal Law, 2014). At this point, Colleen M. would have been given an attorney whether she could afford one or not. The court would later determine if Colleen’s aunt had assets that would allow her to pay the county back. At this hearing, Colleen M. would be allowed to contest the possibility of staying or being detained. Her attorney would can question the person who prepared the evidence and those who gave information in the hearing. Colleen M. would also can bring in those she has for witnesses that could support her side of the story, and present evidence that would support her story. As a rule of thumb, the courts will only detain a minor if • A court order has not been followed by the minor • The minor has run away from a detention center • The court believed the minor would run if released • The minor needs protection because the home is unsafe, drug addictions, mental or physical problems, or the minor “what the minor did, called the offense, is something you get locked up for” (Criminal Law, 2014). • If the court feels the need to protect another person or property. If the courts decides to keep Colleen her attorney could as for a new hearing, which is called a rehearing. Jurisdiction Hearing A jurisdiction hearing must be held within 15 days if Colleen was detained if she was not detained the hearing must happen within 30 calendar days after the arrest. Juveniles are not entitled to a jury trial, and the judge will make all decisions, based on the evidence given and the testimony heard. The hearing will begin with the reading of the charges and an explanation of the consequences for a guilty charge. Colleen M. will either state guilty or not guilty, if Colleen pleads not guilty the DA is then given the right to present the evidence and the witnesses, they have against Colleen. Colleen’s attorney will cross-examine, give objection to any evidence or witness and will argue the case against Colleen. Colleen does not have to testify but in this case it would be advisable, she is the only one that can convince the court she had no idea what was in the bucket was nothing more than water. Once each side has had the opportunity to present their cases the judge would then decide if the petition is true or not true. If the judge somehow sees that Colleen is guilty, the judge would then set a Disposition hearing. Disposition Hearing Before the hearing, the DA will write a “social study” on the minor for the court. Each party will receive a copy, and the study will have information that will help the outcome for the minor. Information such as family history, school information, past criminal history. Colleen’s case she had no past criminal history, but the fact that she removed the shoes from the neighbors sisters dead body could be used to show Colleen’s character. The study will indicate if the charges is a felony and the recommendations. The judge will give consideration on how to protect the community, how to make restitution for the victim and what would be best for Colleen. After all evidence and all is said and done, the judge will then set into motion the Commitment or Probation stage. Commitment The judge can order to send Colleen to a local detention facility, ranch of county boot camp or the Division of Juvenile Justice. If commitment is the chose the judge would determine and set the terms and conditions for Colleen’s confinement. Probation If the judge decides to give Colleen probation again, the judge will be the one to set the terms for probation. Colleen might even need to give up some of her rights. The judge could order colleen back into school and set that she could not miss any days of school while under probation. Along with counseling including her aunt, Colleen would have to follow curfew and everyday laws. The judge could even set a rule that Colleen be tested for drugs and alcohol throughout her probation. Other conditions such as to do community service, a work program to assist in the repayment of fines, not allowed to see certain people, not to drive or limit when and where Colleen could drive, and be ready to be searched without a warrant at any time could be included in the probation.

References
Criminal Law. (2014). Involuntary Manslaughter. Retrieved from http://criminal-law.freeadvice.com/criminal-law/violent_crimes/involuntary_manslaughter.htm
The Superior Court of California. (20014). Juvenile Justice Hearing. Retrieved from http://www.scscourt.org/self_help/juvenile/jjustice/process.shtml