North Carolina Juvenile North Carolina Juvenile Justice ProcessJustice Process

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

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

SystemBoth

Early HistoryEarly History Early in U.S. history, children Early in U.S. history, children

who broke the law were who broke the law were treated the same as adult treated the same as adult criminals. criminals.

The first juvenile court in this The first juvenile court in this country was established in country was established in Cook County, Illinois, in 1899.Cook County, Illinois, in 1899.

Juvenile courts Juvenile courts flourished for the first half of flourished for the first half of the 20th century.the 20th century.

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.

State statutes define State statutes define who is under the who is under the

jurisdiction of jurisdiction of juvenile court.juvenile court.

Undisciplined JuvenileUndisciplined Juvenile

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

Regularly disobedient to parentsRegularly disobedient to parents Runs away from homeRuns away from home Unlawfully absent from schoolUnlawfully absent from school

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

Delinquent JuvenileDelinquent Juvenile

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

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

All States allow All States allow juveniles to be tried as juveniles to be tried as adults in criminal court adults in criminal court

under certain under certain circumstances.circumstances.

Juvenile Complaint/Petition

Police Investigation

Divert

Diversion ContractOr Plan

Approval

Juvenile Court

CommitmentJuvenile ProbationViolate Contract or Plan

Diversion ContractDiversion Contract

1.1. Cooperate in ProgramsCooperate in Programs

2.2. Pay RestitutionPay Restitution

3.3. Community ServiceCommunity Service

4.4. CounselingCounseling

5.5. OtherOther

Juvenile District CourtJuvenile District Court

Adjudication HearingAdjudication Hearing

Judge DecidesJudge Decides

Dispositional HearingDispositional Hearing

Supervised ProbationSupervised Probation Level 1 Level 1 Level 2Level 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

detentiondetention 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. Swannanoa Valley-SwannonoaSwannanoa Valley-Swannonoa

3.3. Stonewall Jackson-ConcordStonewall Jackson-Concord

4.4. Samarkand Manor-Eagle SpringsSamarkand Manor-Eagle Springs

5.5. Dobbs-KinstonDobbs-Kinston