North Carolina Juvenile North Carolina Juvenile Justice ProcessJustice Process

Who is a juvenile in NC?Who is a juvenile in NC?

Undisciplined Juvenile Undisciplined Juvenile

Any person who is at least Any person who is at least 6 years of age while less 6 years of age while less than 18 years of age than 18 years of age who is:who is:

Regularly disobedient to Regularly disobedient to parentsparents

Runs away from homeRuns away from home Unlawfully absent from Unlawfully absent from

schoolschool

GS 7B-1501(27)GS 7B-1501(27)

Delinquent JuvenileDelinquent Juvenile

Any person who is at least Any person who is at least 6 years of age while 6 years of age while less than less than 16 years16 years who who has committed a has committed a criminal offense under criminal offense under state law or under a state law or under a local government local government including violations of including violations of the motor vehicle law. the motor vehicle law.

GS GS 7B-1501(7)7B-1501(7)

What are the causes of Juvenile What are the causes of Juvenile Offenses?Offenses?

Abuse & neglect by Abuse & neglect by caregiverscaregivers

PovertyPoverty Exposure to criminal behaviorExposure to criminal behavior Peer pressurePeer pressure

Procedures and ProcessProcedures and Process The focus on offenders and not The focus on offenders and not

offenses, on offenses, on rehabilitation and not rehabilitation and not punishmentpunishment, had substantial , had substantial procedural impact.procedural impact.

As public confidence in the treatment As public confidence in the treatment model waned, due process protections model waned, due process protections were introduced, most notably from were introduced, most notably from the case in re gault. the case in re gault. Read case study! Read case study!

some stress punishment, but most some stress punishment, but most seek a balanced approach.seek a balanced approach.

The juvenile justice system differs from The juvenile justice system differs from the adult justice system, but there’s the adult justice system, but there’s

common ground.common ground. Juvenile System Adult

SystemBothGoal to rehabilitate Goal to punish

Don’t have to commit crime Must break law No guarantee of jury trial Guaranteed jury trialTrial not open to public Guaranteed public trialNo bail exists Bail is a guaranteed rightOffense CrimeTake into Custody ArrestPetition File Charges/IndictmentDenial Not Guilty PleaAdmission Guilty PleaAdjudicatory Hearing TrialFound Delinquent Found GuiltyDisposition SentencingDetention JailAftercare Parole

Know chargesLawyerNo self- incriminationFace witnessesDue ProcessAdversarial

Juvenile Complaint/Petition

Police Investigation

Divert

Diversion ContractOr Plan

Approval

Juvenile Court

CommitmentJuvenile ProbationViolate Contract or Plan

Juvenile Court Procedure

Juvenile District CourtJuvenile District Courtor Teen Court?or Teen Court?

Adjudication Adjudication HearingHearing

Judge decides Judge decides responsibility responsibility and dispositionand disposition

Felonies may be Felonies may be sent to Superior sent to Superior Court as adultCourt as adult

Choice of juv. Choice of juv. DelinquentDelinquent

Only Only misdemeanors misdemeanors & 1 offense& 1 offense

Must admit Must admit responsibilityresponsibility

Dispositional HearingDispositional Hearing

Supervised ProbationSupervised Probation Level 1 and/or Level 2Level 1 and/or Level 2

Commitment to a Detention Commitment to a Detention FacilityFacility Level 1 and/or Level 2Level 1 and/or Level 2

Commitment to a Youth Commitment to a Youth Development CenterDevelopment Center Level 3Level 3

Conditions of ProbationConditions of Probation1.1. Remain on good behaviorRemain on good behavior2.2. Not violate any lawsNot violate any laws3.3. Not violate any rules of parentNot violate any rules of parent4.4. Attend school regularlyAttend school regularly5.5. Be employedBe employed6.6. Maintain passing gradesMaintain passing grades7.7. Not associate with…..Not associate with…..8.8. Not possess or consume alcohol or other drugNot possess or consume alcohol or other drug9.9. Submit to drug screensSubmit to drug screens10.10. Submit to warrant less searchesSubmit to warrant less searches11.11. Abide by a curfewAbide by a curfew12.12. Possess no weaponsPossess no weapons13.13. otherother

Level 1 ConditionsLevel 1 Conditions

Cooperate with counselingCooperate with counseling Pay restitution up to $500.00Pay restitution up to $500.00 FineFine Community service up to 100 hoursCommunity service up to 100 hours Revoke or prohibit drivers licenseRevoke or prohibit drivers license Spend (5) 24-hour periods in Spend (5) 24-hour periods in

detentiondetention Cooperate in out-of-home placementCooperate in out-of-home placement

Level 2 ConditionsLevel 2 Conditions Cooperate in out-of-home placementCooperate in out-of-home placement Intensive probationIntensive probation House arrestHouse arrest Spend (14-28) 24-hour periods in Spend (14-28) 24-hour periods in

detention centerdetention center Community service over 100 hoursCommunity service over 100 hours Cooperate in wilderness programCooperate in wilderness program Restitution over $500.00Restitution over $500.00

Level 3: CommitmentLevel 3: Commitment

Commitment to Youth Development Commitment to Youth Development CenterCenter

1.1. C.A. Dillon-Butner C.A. Dillon-Butner

2.2. Stonewall Jackson-ConcordStonewall Jackson-Concord

3.3. Dobbs-KinstonDobbs-Kinston

4.4. Chatham-Siler CityChatham-Siler City