Hennepin County School/SharedHennepin County School/Shared

Social Work ProjectSocial Work Project

May 16, 2013 May 16, 2013

Mark GriffinMark Griffin

Senior Assistant County AttorneySenior Assistant County Attorney

UNDERSTANDING UNDERSTANDING THE JUVENILE THE JUVENILE

DELIQUENCY SYSTEMDELIQUENCY SYSTEM

What is it?What is it?

What ISN’T it?What ISN’T it?

Not Criminal Not Criminal ProsecutionProsecution

Not Child ProtectionNot Child Protection

Blended DNA:Blended DNA:

Consequences and Best Interests of Consequences and Best Interests of the Child.the Child.

The Juvenile Court Process.The Juvenile Court Process. Who Can ProsecutedWho Can Prosecuted

OffensesOffenses

Jurisdiction: Juvenile, EJJ and CertificationJurisdiction: Juvenile, EJJ and Certification

Victims RightsVictims Rights

Dispositions Dispositions

Plea NegotiationsPlea Negotiations

Who can be prosecuted in Who can be prosecuted in juvenile courtjuvenile court??

Who can be prosecuted in Who can be prosecuted in juvenile courtjuvenile court??

Anyone who commits a crime Anyone who commits a crime when he or she is between the when he or she is between the ages of 10 and 17.ages of 10 and 17.

Children under 10 are referred to Children under 10 are referred to the child welfare system.the child welfare system.

Are juvenile charges and Are juvenile charges and court proceedings public?court proceedings public?

Are juvenile charges and Are juvenile charges and court proceedings public?court proceedings public?

No, with some significant No, with some significant exceptions. Records and court exceptions. Records and court proceedings are public only when proceedings are public only when the juvenile is charged with a the juvenile is charged with a felony and was 16-years or older felony and was 16-years or older at the time of the crime.at the time of the crime.

Levels of OffensesLevels of Offenses

Petty MisdemeanorsPetty Misdemeanors MisdemeanorsMisdemeanors Gross MisdemeanorsGross Misdemeanors FeloniesFelonies

Most Common School Most Common School CrimesCrimes

Assault Assault Disorderly Conduct Disorderly Conduct Theft Theft Drugs Drugs WeaponsWeapons

Levels of Offenses Levels of Offenses 20122012 Petty Offenses – 3400Petty Offenses – 3400 Misdemeanors – 2500Misdemeanors – 2500 Gross Misdemeanors – 350Gross Misdemeanors – 350 Felonies – 950Felonies – 950 9000 to 10000 cases per annum.9000 to 10000 cases per annum.

JurisdictionJurisdiction

Juvenile – 19 years old.Juvenile – 19 years old. EJJ – 21 years old.EJJ – 21 years old. Certification to Adult courtCertification to Adult court

What are the rights of a victim of a juvenile crime? The Minnesota Crime Victims Act applies

to victims of both juvenile and adult crime. Victims have a right to receive notice of charges, court proceedings, plea negotiations and dispositions.

The victim has a right to attend hearings and give a victim impact statement. The victim has a right to receive restitution as part of a juvenile court disposition.

Juvenile Dispositions

Diversion STS/CS/counseling/CD TX No contact order Loss of driver’s license Restitution Home detention OOHP – CHS, Red Wing Every child is court ordered to attend school. Probation supervision until 19

EJJ: One Last ChanceEJJ: One Last Chance

Serious Offenses.Serious Offenses. Extended Probation until 21.Extended Probation until 21. Juvenile Disposition with a stayed Juvenile Disposition with a stayed

adult sentence.adult sentence.

Certification

Juveniles 14 or older. Very serious felony offenses: Assault, weapons,

robbery, CSC, homicide. Charged by prosecutor, motion for certification. A 16 or 17 year-old indicted for first degree

murder is automatically tried as an adult. The judge makes the decision to certify based

on whether public safety can be served by keeping the child in juvenile court.

Adult disposition, including prison. Rare – 50 in 2012.

Plea NegotiationsPlea Negotiations

Why are they made?Why are they made?

Caseload EfficiencyCaseload Efficiency 10,000 to 13,000 cases per year 10,000 to 13,000 cases per year

filed in Hennepin County Juvenile filed in Hennepin County Juvenile Court.Court.

And that’s just delinquencies.And that’s just delinquencies.

Why are they made?Why are they made?

Many cases are not in dispute. Many cases are not in dispute. The issue is not whether he did it The issue is not whether he did it

but what should happen as a but what should happen as a result.result.

Why are they made?Why are they made?

Certainty of outcome for the Certainty of outcome for the child.child.

Go to trial and lose or negotiate a Go to trial and lose or negotiate a plea and disposition.plea and disposition.

Why are they made?Why are they made?

Evidentiary issues.Evidentiary issues.

Why are they made?Why are they made?

Victim request.Victim request. Not dispositive but relevant.Not dispositive but relevant.

Why is the Juvenile Why is the Juvenile Court System the way Court System the way it is?it is?

Because the adult Because the adult system is like this…system is like this…

Mark Griffin (612) 348-5318Mark Griffin (612) 348-5318mark.griffin@co.hennepin.mn.us