The Juvenile Courts. Focus on the various types of Cases and Hearings especially Disposition (Sentencing).
Introduction
Juvenile courts are responsible for hearing cases concerning children or adolescents who have not yet attained the age of majority. In 2010, the proportion of juveniles in the American population was 24% (Sickmund & Puzzanchera, 2014). The accused juveniles are said to have committed a delinquent act in civil proceedings during a court session. There are 675 juvenile courts in the United States of America. This essay will examine the structure of juvenile courts, its operating model, and the various sentences it can hand out to convicted delinquents with a focus on the courts of New Mexico.
Firstly, the role of the Juvenile courts will be outlined as given in the Juvenile Justice Standards. It has a traditional jurisdiction that is included in the family court section of the highest level general trial court. The court hears cases such as those of minors in violation of the law. In New Mexico, the juvenile court is in a unique position. It uses several statutes not present in the juvenile courts of other states. It does not try juveniles in adult court save for older youth charged with murder of the first degree. The statutes, in effect, improve the coordination of responses between the civil and criminal arms and facilitate the efforts of government agencies. It employs the Development Approach. How does it work?
The intake and diversion of the New Mexico juvenile courts are interesting. An alleged delinquent minor is assigned to a Juvenile Probation Officer (JPO) from the originating police department. This officer must decide whether the child should be placed in detention before putting them formally under the authority of the Delinquency Act, or if the case is best handled informally by making a referral to the appropriate government agency. During this stage, the JPO holds formal discussions with the minor, parents, and any other party to the case. They highlight the possible results the case may have, and the child’s rights. The JPO must make recommendations to the prosecuting authority concerning the disposition of any case he selects to file a formal charge. The JPO is further required to notify the prosecuting authority on any felony charge brought up against a minor. The Children’s Court Attorney (CCA), who is the prosecuting authority in juvenile courts, has the final say on whether to file a formal petition or not.
Where an informal diversion is institutedr, the JPO has to follow up with the child and evaluate compliance to guidelines agreed upon during the informal referral. Examples of such informal conditions are guidance and counseling, ordering a form of supervision on the child, necessitating and supervising restitution from the offending child, and handing the child over to a certified rehabilitation program. In the case of an indigenous (Indian) minor, the cultural needs of the child must be met. On the other hand, a minor may be detained if the JPO ascertains that the child is at risk of harming others or themselves or that the child may leave the jurisdiction of the court. A probable cause hearing must be made for the child’s arrest to determine the legality of the arrest within 48 hours. It includes weekends and public holidays. In this case, the statement by the arresting officer is the basis of the validation of arrest. If the minor is in detention during the probation hearing, the magistrate or hearing officer will determine whether the detention is indispensable. The probation department is mandated to visit a child in pre-trial detention at least once a week.
There is a provision for the preparation of predisposition studies on a child by the Children, Youth, and Families Department (CYFD). They must inform the court on matters relevant to adjudication of the case, for example the state of the child’s family and the environment in which they are being brought up. The department may also be required to prepare a recommendation report on what placement would be appropriate for the young offender at the discretion of the court. Further, the JPO must prepare a client family baseline assessment that is a written account of the minor’s history on the wrong side of the law, if any. This is a predisposition paper that the magistrate may refer to before sentencing to determine the level of supervision to impose on a delinquent.
Several sentences can be handed out to a convicted delinquent. One of them is fines and restitution. These are outlined in the Delinquency Act §32A-2-19. One of them is imposing fines and restitution. The fine must not exceed the amount an adult would pay in similar circumstances. It should not be considered liable to the parent or guardian of the convicted offender. The offender may also be required to restitute the victim of his actions. In addition, the statute does provide for compensation to the child if the CYFD place them under a rehabilitative job program. The restitution may be deducted from the earnings of the child in such a case.
Another form of restitution is commitment. The court hands over the delinquent to the CYFD and gives one of these sentences: A one year term in a facility for the rehabilitation of juvenile delinquents. A child may not spend more than nine months at the corrections center and must spend not less than ninety days on monitored release. This, however, may be extended under the conditions of a petition. A longer commitment of at most two years in a juvenile rehabilitation facility. The convicted offender must not spend any more than twenty-one months in such a center. The terms of supervised release are similar to those in the former case. The offender may also be committed to the department until they attain the age of twenty-one unless the sentence is dismissed sooner, and the child discharged.
Moreover, a convicted youthful offender under New Mexico law may be sent to juvenile community corrections. These are available in a number of counties in New Mexico. The children under this program must adhere to a specific plan of care that includes a lot of supervision and assistance. The input of the JPO is required to make a recommendation regarding the appropriate community placement for a minor and place it in the predisposition report. The CYFD may also make this submission to the sentencing magistrate. It is significant to note that the sentencing court divests its authority to the CYFD during a commitment; hence the CYFD can elect to hold the minor in juvenile community corrections. This is not the case, however, for a minor committed to a particular facility for 15 days or less, in which case the court retains its powers over his rehabilitation process.
Lastly, the court may sentence a convicted minor to probation. Enforcement of a sentence of probation must be for less than the term of commitment to the CYFD. The child is effectively placed under ‘house arrest’ subject to terms negotiated with probation services. The predisposition tool of the CYFD is invaluable in this process as it outlines the special features that should be observed for each particular case. In some cases, the court may institute certain conditions as part of the probation mandate, including prohibiting the minor from visiting certain societies, imposing curfews, not driving, and performing community service. A minor, if in violation of probation guidelines, may not be detained or punished otherwise unless a probation revocation hearing is done in a court of law. Besides, the court may institute special dispositional options in cases such as abuse and possession of drugs by a minor.
A sentence handed to a minor may, at any time, be corrected if found unlawful. Further, a convicted juvenile shall not at any time be convicted in a facility that holds adult offenders. A judgment also shall not be made such that it subjects the minor to consecutive commitments. Petitions to alter a disposition shall only be made within 30 days post-judgment or in the window of ninety days after commitment if the period is more than two years.
In conclusion, the structure of juvenile courts in New Mexico is something to take home. It is encompassing in its involvement of dedicated officers for instance, JPO an ever-present all through the correction and rehabilitation of a troubled child.
References
HANDBOOK, C. W. NEW MEXICO CHILD WELFARE HANDBOOK.
Institute of Judicial Administration/American Bar Association. (1980). Juvenile Justice Standards Relating to Court Organization.
Sickmund, M., & Puzzanchera, C. (2014). Juvenile offenders and victims: 2014 national report.