minors …….and the law. minors major/majority 18 and older minor/minority 17 and younger

25
Minors Minors …… …… .and the Law .and the Law

Upload: abner-lester

Post on 01-Jan-2016

225 views

Category:

Documents


3 download

TRANSCRIPT

  • Minors

    .and the Law

  • MinorsMajor/Majority18 and Older

    Minor/Minority17 and Younger

  • Three Areas the Law Treats Minors Differently

  • MinorsParens Patriae - Court acts as a parent or guardianHearings can be closed to the public Hearings informalChildren kept separate from adult offenders

  • MinorsHearings no longer closed to the public

    Two Classifications of Juveniles

    Delinquent - a child that has committed an act this is a crime for an adult

  • MinorsStatus Offender - Habitually unruly or beyond the control of their legal guardians Examples:runaway 170,000 each year, most return home of their own accord underage drinkingtruant

  • CHINS (CINC) Children in need of supervision kids involved in status or delinquent acts filed by state

    MINS Minor in need of supervision abuse or neglect

    PINS Person in need of supervision filed by parent

  • Minors tried as AdultsRecord and previous history with the courts

    Little likelihood of reasonable rehabilitation

  • Minors tried as AdultsOffenses committed in a willful, violent, and aggressive mannerMinor is a threat to societys welfareOffenses are punishable as felonies

  • Rights extended by Gault case Child and parents must have timely notice of charges and time to prepare for the hearing.

    Child and parents must be notified or rights to retain counsel and if cant afford it, must be appointed a counsel

  • Rights extended by Gault case Minor has the right to confrontation with adversaries and the right to cross examine adversaries

    Court has the duty to advise the minor of the right to remain silent

  • Procedures in Juvenile Court Intake informal process officials or social workers decide if complaint should be referred to juvenile court.Adult equivalent of an arrest

  • Procedures in Juvenile Court Initial hearing state must prove 1. an offense was committed and 2. reason to believe the juvenile committed it

    Adult equivalent of an arraignment

  • Procedures in Juvenile Court Adjudicatory Hearing - closed to the public and the names of the accused are withheld from the press. Adult equivalent of a trialMay have attorneysOffer evidence Cross Examine WitnessesFound DELINQUENT or NONDELINQUENT

  • Procedures in Juvenile Court Dispositional hearing provide individualized treatment to rehabilitate the juvenile offender. Adult equivalent sentencing hearing

  • Possible outcomes: placement in a group home community treatment program commitment to a state institution for juveniles probation with conditions. Attend school regularly, hold a steady job, attend treatment center, weekly drug tests, home by 8:00 pm, not associating with certain people. Serious offenders can be held until the age of 21 in Kansas

  • TORTS

  • TortsMinors held liable for intentional torts (through parents)Parents generally not liable for unintentional tortsK.S.A. 38-120 limit $5000

  • Minors and Contracts

  • What are the necessaries?FoodClothingShelterMedical CareEducation

  • Minor must disaffirm by statement and/or by an act that they do not intent to live up to the contract

    MUST RETURN PROPERTY

  • Can not disaffirm if:

  • Can not disaffirm if:

    A minor who misrepresents their age cannot disaffirm a contractA minor who is in an adult business, operating a business as an adult will not be allowed to disaffirm a contract.

  • Emancipated Minor

    *