How does the Connecticut Superior Court for juvenile matters work?
In Connecticut, the Superior Court for Juvenile Matters has exclusive original jurisdiction over juveniles accused of delinquent acts. Delinquents are persons who, prior to their eighteenth birthdays, have violated or attempted to violate any federal or state law, order of the Superior Court, or any local or municipal ordinance.
When is a juvenile treated as an adult offender?
Juveniles under age 14 are not treated as adult offenders regardless of the crime or the circumstances surrounding it. Juveniles aged 14 and 15 must be treated and tried as adult offenders when they are accused of other specified serious crimes and they have a prior record.
What is the difference between a juvenile delinquent and juvenile offender?
What is the difference between a Juvenile Delinquent and a Juvenile Offender? A Juvenile Delinquent is a child between ages 7 and 15 who has committed an offense. All juvenile delinquency cases are heard in Family Court
Where do juvenile offenders go to jail in NY?
Juveniles confined in a detention center and subsequently transferred to the adult court may be placed in the custody of the Department of Correction and held in an adult correctional facility, usually Manson Youth Institution for males and York Correctional Institution for females, both pretrial and following conviction.
Why are juvenile offenders treated differently?
As you can see, the difference in terminology between adult and juvenile court indicates that juvenile offenders are often treated more leniently. This is because there is a strong inclination to rehabilitate juveniles, instead of merely to punish them. Adults are punished for their crimes.
What are the most effective treatment models for juvenile offenders?
Effective adolescent treatment approaches include multisystemic therapy, multidimensional family therapy, and functional family therapy. These interventions show promise in strengthening families and decreasing juvenile substance abuse and delinquent behavior.
What are the differences between community treatment and institutional treatment of juvenile offenders?
Compared with institutional placements, community programs are less costly, less disruptive to families, and have the potential to address the youths' delinquency in the natural contexts in which it is likely to occur.
How does New York define juvenile delinquency?
Juvenile Delinquents A Juvenile Delinquent is a child over 7, but under 18 years of age (effective 10/1/19), who commits an act that would be a crime if it had been committed by an adult. Juvenile offenders, who are 13, 14, and 15 years of age, are not considered Juvenile Delinquents.
What are two main approaches for dealing with juvenile offenders?
Whereas the traditional juvenile justice model focuses attention on offender rehabilitation and the current get-tough changes focus on offense punishment, the restorative model focuses on balancing the needs of victims, offenders, and communities (Bazemore and Umbreit, 1995).
Do juveniles have the same due process rights as adults?
In Gault, the U.S. Supreme Court determined that the Constitution requires that youth charged with delinquency in juvenile court have many of the same due process rights guaranteed to adults accused of crimes, including the right to an attorney and the right to confront witnesses against them.
What are community based treatment for juvenile offenders?
They can include home confinement, alternative education, family preservation, mentoring, victim-offender meditation, restitution, community services, respite care, and day and evening reporting centers with educational, recreational and counseling opportunities.
What are the different community programs for juvenile delinquency?
The most effective programs for juvenile delinquency prevention share the following key components:Education. ... Recreation. ... Community Involvement. ... Prenatal and Infancy Home Visitation by Nurses. ... Parent-Child Interaction Training Program. ... Bullying Prevention Program. ... Prevention Programs within the Juvenile Justice System.More items...
What is the primary form of correctional treatment used by the juvenile justice system?
Probation is the primary form of community treatment used by the juvenile justice system.
What is NYS current legislation for juvenile sentencing?
4051/A. 4982. This legislation raises the lower age for arrest and prosecution from 7 to 12 years old, prohibiting children from being charged as juvenile delinquents, and creates a differential response system for the child to get services and support.
What are the three 3 classifications of juveniles?
What 3 classifications of children are under the juvenile court jurisdiction? children who are neglected or abused, who are unruly or commit status offenses, and who are charged with committing serious crimes.
Can children be tried as adults in New York?
New York's Raise the Age (RTA) legislation changed the age that a child can be prosecuted as an adult to 18 years of age in criminal cases in New York State. Prior to RTA, New York was one of two remaining states to hold 16 year-olds criminally responsible.
What is a juvenile offender?
If found guilty, the youth is called a Juvenile Offender, and is subject to more serious penalties than a Juvenile Delinquent.
What age is juvenile delinquency?
A Juvenile Delinquent is a child between ages 7 and 15 who has committed an offense. All juvenile delinquency cases are heard in Family Court
How long does a probation officer monitor a child?
This means that DOP will send the child home and monitor him or her for up to 60 days. If the child follows all the rules and conditions, the case would end without Family Court involvement. However, if the child is not complying with DOP supervision, the Probation Officer will work with the Law Department to file a juvenile delinquency petition in Family Court.
How to release a child from a court?
Release your child to you. Release your child with a Family Court Appearance Ticket (directing your child to report to court on a certain date) Bring your child directly to the Family Court, if the Court is open, or to the Criminal Court. Bring your child to an ACS detention center for intake, if the Family Court is closed.
What does the Family Court Judge decide?
The Family Court Judge decides where the child should go for the duration of the court case at the initial court appearance. The Judge will order your child to an ACS detention facility if they have reason to believe that your child will get in trouble again or skip upcoming court dates.
Can probation officers refer a juvenile delinquency case to a prosecutor?
Based on the interviews, the probation officer may refer the case to a prosecutor with the New York City Law Department to file a juvenile delinquency petition in the Family Court based on the interviews . Instead of referring the case to the Law Department, the Probation Officer may “adjust” the case.
Can a judge send a child home?
The judge can send a child home or place the child under the supervision of Probation or an alternative-to-detention program the Judge believes that the child can be safe in the community.
What is the juvenile justice system in Connecticut?
Connecticut's juvenile justice system is a state level system of juvenile courts, detention centers, private residential facilities and juvenile correctional facilities. Post-adjudication services are provided by the Court Support Services Division of the Connecticut Judicial Branch and by the Department of Children and Families.
When is a juvenile case non-judicially?
The decision to process a case non-judicially is made only after the juvenile has admitted responsibility for the alleged delinquent acts and is based on consideration of the following: seriousness of the offense, past court history, adjustment at home and school, and attitudes of the juvenile and parents.
What is the role of police in juvenile justice?
In most instances, the police represent the first point of contact for juveniles entering the juvenile justice system and have wide discretion in handling delinquency cases. Police may:
What is a juvenile probation supervisor?
The Juvenile Probation Unit Supervisor at the Juvenile Matters Court location where the juvenile will appear receives the Police Arrest Report and determines whether the case should be scheduled for a court hearing (judicial processing) or handled informally (non-judicial processing). The decision to process a case non-judicially is made only after the juvenile has admitted responsibility for the alleged delinquent acts and is based on consideration of the following: seriousness of the offense, past court history, adjustment at home and school, and attitudes of the juvenile and parents.
What is the jurisdiction of the Superior Court in Connecticut?
In Connecticut, the Superior Court for Juvenile Matters has exclusive original jurisdiction over juveniles accused of delinquent acts. Delinquents are persons who, prior to their eighteenth birthdays, have violated or attempted to violate any federal or state law, order of the Superior Court, or any local or municipal ordinance.
What happens if a juvenile fails to comply with the conditions of supervision?
If the juvenile fails to comply with the conditions of the supervision, the probation officer may refer the case to the juvenile prosecutor for prosecution on the original charges.
How old do you have to be to be in DCF custody?
Given the potential length of commitment, it is not uncommon that DCF has juveniles in their custody and control beyond age eighteen.
What are the similarities between juvenile and adult court?
There are several similarities between the adult and juvenile court systems, particularly in the rights that are afforded to a minor during the course of the proceedings. A minor has the right to an attorney, the right to examine and cross examine witnesses, and can assert the Fifth Amendment against self-incrimination. In addition, a minor in juvenile court is required by law to have notice of the charges being brought against him or her and the prosecution must still prove beyond a reasonable doubt that the minor committed the accused crime.
What is the juvenile court system?
Finally, the juvenile court system is typically a little more relaxed than the adult system. The rules of evidence, examining and cross examining witnesses, and the like do not need ...
What happens if a judge finds a minor guilty?
If a judge finds that the minor is guilty, then the case moves to the sentencing phase. Another difference between the adult and juvenile systems is that the purpose of sentencing is rehabilitation in the minor’s best interest and not for the purposes of punishment.
What is considered a minor?
Under the law, being a minor means that a child is under 18 years old for the purposes of juvenile court. Some of the most common types of juvenile crimes include: Speeding; Traffic offenses; Underage drinking; Vandalism; Curfew violations; Truancy; and. Theft.
Can a minor be tried in juvenile court?
When a minor is accused of committing a crime, he or she can be tried in juvenile court as opposed to adult court. However, the need for skilled legal representation remains the same regardless of what court the child is tried in, and the consequences of a juvenile court conviction can be impactful on the child.
Can a juvenile be tried by jury?
Furthermore, in juvenile court, a minor does not have the right to trial by jury. If a juvenile is charged with committing a delinquent act, a bench hearing is conducted for adjudication purposes—all evidence is presented by the prosecution and the minor regarding the alleged crime.
Is a juvenile a minor?
First, a juvenile is prosecuted for “ delinquent acts ” and not for committing a crime. Hence, the vast majority of cases seen in juvenile court are considered minor offenses. If the alleged acts are serious enough, then the minor may be tried as an adult for committing crimes in the adult system. Furthermore, in juvenile court, a minor does not ...
What are the juveniles in Connecticut?
Connecticut has three main categories of juveniles: (1) juvenile delinquents, youths under age 16 who violate a federal or state law or a local ordinance; (2) serious juvenile offenders, youths who may be tried as adults or sentenced more harshly by the Juvenile Court for committing serious juvenile offenses; and (3) youthful offenders, a special status that may be granted to youths between the ages of 14 and 18.
What age can a juvenile be transferred?
The law allows a juvenile court to hold a transfer hearing to place a juvenile matter on the regular criminal docket if the child is at least age 14 and charged with (1) a class A felony other than murder or (2) a serious juvenile offense designated as a class B or C felony, if the child has been previously adjudicated delinquent as a result of a serious juvenile offense. The actual transfer cannot occur unless the court makes a written determination that probable cause exists to believe that (1) the child committed the offense; (2) he is not amenable to treatment at any available state agency, institution, or facility designed and suitable for his care and treatment; and (3) his prior adjudications, mental and emotional history, and the seriousness and dangerous nature of the acts make him a danger to society, requiring more secure and longer term handling than the juvenile justice system is able to provide.
What is the penalty for juvenile delinquency?
The penalty for being adjudged a juvenile delinquent is not incarceration but may include placement in a state institution for juveniles or an order that the youth (1) participate in the state's wilderness school, (2) make restitution, or (3) participate in a drug or alcohol treatment program. Serious juvenile offenders may be committed to the Department of Children and Families for up to four years. Youths tried as adults are sentenced as such but are not placed in a correctional facility until they reach age 16. A youthful offender's sentenced may range from probation to commitment to a state institution for the maximum term authorized by law.
How long is a child committed to DCF?
A commitment to DCF is for an indeterminate time of up to 18 months except that a child adjudged delinquent for a SJO can be committed for up to four years, at the court's discretion . The commissioner of DCF can petition the court to extend any commitment period for up to an additional 18 months (CGS § 46b-141).
How old do you have to be to be tried as an adult?
Under the law, a juvenile's age at the time he commits an offense, the specific nature of the offense, and his prior record determine if he can be tried as an adult. Juveniles under age 14 are not treated as adult offenders regardless of the crime or the circumstances surrounding it. Juveniles aged 14 and 15 must be treated and tried as adult offenders when they are accused of other specified serious crimes and they have a prior record. A juvenile who is at least age 14 may be treated as an adult if he is charged with certain serious offenses, would not benefit from treatment or care at an available facility, and is a danger to society.
What is a 16 year old considered as an adult?
Youths aged 16 and 17 are normally treated as adults regardless of the severity of the crime although they can apply for and be granted a special status called "Youthful Offender," which can result in more lenient treatment. This status is discretionary with the court, can only be used once, and is for those youths who do not have prior felony records and who have never used accelerated rehabilitation (CGS § 54-76b).
How old do you have to be to be in a correctional facility?
But no child may be placed in a correctional facility until he reaches age 16 ; he must be placed instead in a facility for children and youths. Credit is given against any sentence for time served in a juvenile facility. Once a child is transferred to criminal court, he may not resume his status as a juvenile, unless the charges against him are dismissed or nolled or he is found not guilty (CGS § 46b-126).
How does juvenile offending differ from adult offending?
How juvenile offending differs from adult offending. It is widely accepted that crime is committed disproportionately by young people. Persons aged 15 to 19 years are more likely to be processed by police for the commission of a crime than are members of any other population group.
What are the factors that make juveniles different from adult offenders?
This paper outlines the factors (biological, psychological and social) that make juvenile offenders different from adult offenders and that necessitate unique responses to juvenile crime. It is argued that a range of factors, including juveniles’ lack of maturity, propensity to take risks and susceptibility to peer influence, as well as intellectual disability, mental illness and victimisation, increase juveniles’ risks of contact with the criminal justice system. These factors, combined with juveniles’ unique capacity to be rehabilitated, can require intensive and often expensive interventions by the juvenile justice system. Although juvenile offenders are highly diverse, and this diversity should be considered in any response to juvenile crime, a number of key strategies exist in Australia to respond effectively to juvenile crime. These are described in this paper.
Why are juveniles more frequently apprehended by police?
On the whole, juveniles are more frequently apprehended by police in relation to offences against property than offences against the person. The proportion of juveniles who come into contact with the police for property crimes varies across jurisdictions, from almost one-third in New South Wales to almost two-thirds in Victoria (Richards 2009). Differences among jurisdictions can result from a variety of factors, including legislative definitions of offences, counting measures used to record offences and recording practices, as well as genuine differences in rates of offending. Although not available for all jurisdictions, the most recent data indicate that:
Why is it important to prevent juveniles from having repeated contacts with the criminal justice system?
Preventing juveniles from having repeated contacts with the criminal justice system and intervening to support juveniles desist from crime are therefore critical policy issues. Assisting juveniles to grow out of crime—that is, to minimise juvenile recidivism and to help juveniles become ‘desisters’ (Murray 2009)—are key policy areas for building safer communities.
How does juvenile justice impact youth?
As juveniles are neither fully developed nor entrenched within the criminal justice system, juvenile justice interventions can impact upon them and help to foster juveniles’ desistance from crime. Conversely, the potential exists for a great deal of harm to be done to juveniles if ineffective or unsuitable interventions are applied by juvenile justice authorities.
What are the factors that affect juveniles' ability to engage in criminal justice?
It is argued that a range of factors, including juveniles’ lack of maturity, propensity to take risks and susceptibility to peer influence, as well as intellectual disability, mental illness and victimisation, increase juveniles’ risks of contact with the criminal justice system.
Can juveniles be named?
A range of measures aim to protect the privacy and limit the stigmatisation of juveniles. Prohibitions on the naming of juvenile offenders in criminal proceedings, for example, exist in all Australian jurisdictions (Chappell & Lincoln 2009). In each jurisdiction, except the Northern Territory, juveniles’ identities must not be made public, although exceptions are sometimes allowed. In the Northern Territory, the reverse is the case—juvenile offenders can be named, unless an application is made to suppress identifying information (Chappell & Lincoln 2009).
What are the programs that were effective?
The programs that were effective were those that were either provided by the researcher or implemented in treatment settings where the researcher was influential. This may indicate that treatment delivered or administered by the researcher was better implemented than typical programs, supporting Altschuler and Armstrong's point that poor implementation of a sound theoretical model is unlikely to produce a positive outcome.
Is rehabilitation a focus for juveniles?
Therefore, rehabilitation has particular appeal for use with juveniles. Theoretically, rehabilitation is the focus of corrections programs for juveniles. In practice, however, as occurs with adult programs, juvenile rehabilitation programs may be poorly implemented.
Is juvenile crime serious?
Juvenile crime is often serious and may represent a significant proportion of the total criminal activity in a community.
Is treatment in community settings more effective than in public facilities?
There was also evidence that more effective programs targeted higher risk juveniles, but this difference was small and nonsignificant. On the other hand, treatment in public facilities, custodial institutions, and the juvenile justice system was less effective than other alternatives, suggesting that treatment provided in community settings may be more effective. If this effectiveness is the result of increased linkages with agencies and individuals in the community, then Lipsey's work supports the proposed emphasis on reintegration in the Altschuler and Armstrong model. However, it is also possible that other factors may be important. Lipsey himself cautions that the conclusion that treatment in community settings is more effective cannot be separated from the differences in the intensity (number of meetings, length of time in treatment) and needs a more refined breakdown before definite conclusions can be drawn.
When did the age of criminal responsibility change in New York?
On April 10, 2017, the New York State’s Governor Cuomo signed new legislation raising the age of criminal responsibility from 16 to 18 years of age. The law was implemented in two stages. The first stage occurred on October 1, 2018, when the presumptive age for juvenile accountability was raised to 16-years-old. The second stage went into effect on October 1, 2019, when the age was raised again to 17-years-old.
What is a youth rehabilitative program?
Youth rehabilitative services will operate under the Program Treatment Model. Each young offender will have access to specialized therapeutic programs to develop cognitive skills. Academic transition plans will be developed with the AO student and the school psychologist to transition the student to education programs, vocational training, and/or employment opportunities. Also, substance abuse treatment will be offered to all youth who require it.
How long does it take to get a case transferred to Family Court?
All cases involving non-violent felonies will be transferred from the Youth Part to the Family Court. However, the District Attorney has the legal option of filing a motion within 30 days to prove the existence of extraordinary circumstances, which would prevent the removal of the case to Family Court. Once a motion is filed by the District Attorney, a hearing must be held and at the conclusion of the hearing, the judge must decide the matter within 5 days.