Term
| What are the two main goals of juvenile detention? |
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Definition
Prevent re-offending
Ensure all court appearances |
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Term
| On the juvenile detention continuum, what is the least restrictive form of detention? |
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Definition
| Community based detention |
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Term
| On the juvenile detention continuum what is the most restrictive form of detention? |
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Definition
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Term
| Describe 'custodial interrogation'. |
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Definition
Questioning initiated by law enforcement officers after a person is taken into custody or otherwise deprived of his or her freedom in any significant way, thus requiring that the person be advised of his or her applicable constitutional rights;
A custodial interrogation takes place if a person is questioned by the police while they are in custody. The term custody usually refers to situations in which the person has been placed under formal arrest, or the person's freedom of movement has been so restrained that the situation has risen to the level of a formal arrest. |
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Term
| If you speak to a person on the telephone are they considered in custody? |
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Definition
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Term
| (19-2-507) Who do you call when you take a juvenile into custody? |
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Definition
Call parent, guardian or legal custodian without undue delay
Tell them where you are, why you're calling, and find out if they can come to meet you (you need a parent or guardian to sign a summons / you need a parent or guardian for custodial interrogation and/or searches.) |
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Term
| How long does the juvenile court have jurisdiction over a juvenile offender? |
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Definition
until all requirements of the court have been met
(or, until jurisdiction is transferred to another court) |
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Term
| T/F If a juvenile offender's school principal requests the student is taken into custody it is allowed? |
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Definition
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Term
| T/F Miranda rights are required for custodial interrogation. |
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Definition
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Term
| T/F Juvenile court can have concurrent jurisdiction. |
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Definition
True
Example: non felony traffic violation with eluding police (felony): both get wrapped together and taken to juvi court. Speeding by itself is county court, but if with meth possession, it goes to juvenile court. |
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Term
| T/F An 8-year-old that assaults his sister would go to juvenile court. |
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Definition
False
No one under the age of 10-years-old can be charged. |
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Term
T/F
If juvenile probation changes to a new county, the whole case transfers to that county. |
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Definition
True
Reference: Venue (19-2-105) |
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Term
| What elements are required for a juvenile Direct File / Transfer per CRS 19-2-517. |
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Definition
At least 16 years-old
Class 1 or 2 Felony OR
Sex assault as a crime of violence OR
Another crime of violence AND
Juvenile has previously been adjudicated for a felony |
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Term
| What are the 2 purposes of the juvenile detention hearing? |
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Definition
1) should they be detained &
2) define conditions under which they could be released |
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Term
| T/F All juvenile hearings are open to the public unless it's in best interests of public (i.e. sexual offenses) and juvenile. |
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Definition
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Term
| T/F A juvenile preliminary hearing is a hearing for determination of guilt. |
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Definition
False
It is a hearing to determine probable cause. |
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Term
| T/F If not in custody a juvenile preliminary hearing must be held within 30 days. |
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Definition
False
If not in custody, there is no time limit. The 30 days only applies to juveniles in custody. |
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Term
| When are juvenile preliminary hearings mandatory? |
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Definition
| For all class 1, 2, 3 felonies, crimes of violence, if in custody include class 4, 5, & 6 felonies. |
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Term
Which of the following is NOT a reason a parent/guardian doesn't have to be present for a juvenile case?
a) juvenile is 18-years-old
b) you have a warrant for the juvenile's arrest
c) juvenile is a runaway
d) Juvenile is emancipated |
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Definition
| B (you have a warrant for the juvenile's arrest) |
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Term
| T/F A police officer can search a juvenile's school locker with reasonable suspicion. |
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Definition
False
A school official only needs reasonable suspicion that a juvenile broke the school rules, but a police officer needs probable cause and/or a warrant |
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Term
| If a juvenile has an extensive record or has violated probation a peace officer can detain them. What are three other reasons an officer can detain a juvenile? |
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Definition
No parent / guardian found or available
Parent refuses to take child home
Mandatory hold crime (weapons)
Violent crimes (murder, assault, kidnapping, robbery, arson)
It benefits the juvenile's immediate welfare |
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Term
| T/F If the parent is a victim of the juvenile's actions, they are no longer able to be the juvenile's representative / guardian for legal matters. |
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Definition
False
Even if the parent is the victim they can be present as long as they don't have 'objectively hostile interests'. |
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Term
| Juvenile fingerprints are always taken for felony arrests. When else are juvenile fingerprints taken? |
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Definition
Class 1 Misdemeanor
DUI
Domestic Violence |
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Term
| All juvenile violations of the 18 Code, except ___________ or _____________ charges go to juvenile court. |
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Definition
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Term
| T/F A juvenile offender's parent / guardian is not subject to the juvenile court's jurisdiction. |
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Definition
False
The parent IS in the jurisdiction. |
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Term
| Non-felony traffic violations can have ____________ jurisdiction between juvenile court and county court. |
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Definition
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Term
| T/F Aggravated juvenile offenders are eligible to seal their juvenile record after their 18th birthday if they haven't had recent legal issues. |
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Definition
False
Aggravated juvenile offenders are NOT eligible to seal their record |
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Term
| What are the four juvenile court filing options? |
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Definition
Diversion
Informal Adjustment
No File
File Petition |
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