what does a juvenile prosecuting attorney do?

The traditional role of the prosecutor in dealing with juvenile justice has expanded greatly in recent years. No longer does the prosecutor serve merely as the gatekeeper to the juvenile court system by determining which juveniles should be charged with crimes, who is to be diverted from prosecution and whether or not efforts will be made to seek certification/transfer to adult criminal court. While these basic core functions remain for all prosecutors, to cope with the sharp rise in juvenile crime over the last decade and the foreboding predictions for the future, today’s juvenile prosecutor must do far more. He or she must be an advocate for justice, the victim and community values as well as a negotiator and dispositional advisor. Even more importantly, today’s juvenile prosecutor must go beyond the courthouse and become a community leader and teacher, working with civic, social, and church groups, as well as with schools, to prevent juvenile crime before it occurs. This article will address this new expanded role for today’s juvenile prosecutor.

Full Answer

What kind of law do juvenile lawyers practice?

Most lawyers who practice juvenile law practice it as an extension of a broader criminal law practice. The same laws apply to minors and adults even though the courts enforce the laws in different ways for each group. Most juvenile lawyers also practice criminal law as a substantial part of their legal practice.

Why do juveniles need juvenile advocates?

In our criminal justice system, many at risk and vulnerable populations are appointed or given access to advocates to guide and accompany them through the court and legal processes. One of the most vulnerable populations in the United States is children. As such, juveniles need access to many advocates within the criminal justice system.

What does a juvenile probation officer do?

Probation officers are the main type of advocate found in the juvenile justice system, though the title may sound otherwise. Juvenile probation officers are court appointed and are tasked with being an advocate for their clients within the courts.

What does a prosecuting attorney do?

Prosecuting attorneys are lawyers employed by the government to represent the people of their jurisdictions in criminal trials. U.S. prosecutors at the county, state and federal levels work with police, victims and witnesses to bring suspected criminals to justice in courts of law.

What are the roles and responsibilities of a prosecutor?

(a) The prosecutor should act with diligence and promptness to investigate, litigate, and dispose of criminal charges, consistent with the interests of justice and with due regard for fairness, accuracy, and rights of the defendant, victims, and witnesses.

What changes standards of evidence for juvenile courts?

In a 1970 case the Court increased the level of proof needed to find juveniles guilty. The level of proof changed from a preponderance (significant amount) of evidence to guilty beyond a reasonable doubt as in adult criminal courts.

When juvenile offenders are removed to the custody of a foster home or group home they are considered ______?

When juvenile offenders are removed to the custody of a foster home or group home, they are considered: Contempt of court. A judge's citation to a status offender who fails to follow court orders is known as: Less than one percent of all formally handled cases.

What is a juvenile delinquent in NYS?

Who Is a Juvenile Delinquent? When a person who is under 16 years old, but is at least 7 years old, commits an act which would be a "crime" if he or she were an adult, and is then found to be in need of supervision, treatment or confinement, the person is called a "juvenile delinquent".

What is the maximum sentence for a juvenile?

The court can place a young person on a control order to be served in detention for up to two years on any one offence and up to a maximum of three years. If your child appears before a higher court on serious matters, they can be treated as an adult and sentenced to a longer period.

What are 3 problems in the juvenile justice system?

Juvenile Justice - IssuesLimited access to effective mental health services.Inadequate or inappropriate school supports.Misdiagnosis of disabilities or attribution of problematic behavior to willfulness.Zero tolerance policies that disproportionately impact students with disabilities and youth of color.More items...

What is the final stage in a juvenile case?

If the judge determines that the minor committed the crime, the last step in the juvenile court process is the disposition hearing, where the minor's punishment is determined.

What is the most common formal sentence for juveniles?

Probation is perhaps the most common penalty in the juvenile justice system. Judges have considerable discretion to set the terms of probation. These may be specific to the circumstances of the case.

Which standard of proof is necessary for arresting a juvenile?

The U.S. Supreme Court has ruled that if a juvenile faces incarceration or adjudication as "delinquent" as a result of juvenile court proceedings, then the state must prove the charges against the juvenile "beyond a reasonable doubt." If those penalties are not at issue, the state need only prove the charges by a " ...

Can a minor get a life sentence in New York?

The county and jurisdiction in which a child is being prosecuted as an adult can have a large impact on the approach and options presented by the prosecutor. A conviction for one of these serious offenses means that a 13 year old in New York City and throughout New York State can potentially be given a life sentence.

What are examples of juvenile delinquency?

In juvenile delinquency, a status offense is an act that is only illegal because the offender is a minor....Status OffensesRunning away.Truancy.Violating local curfew.Underage smoking.Underage drinking.Un-governability, or being beyond parental control.

What age can a child be charged with assault?

Age of criminal responsibility This means that children who have not reached the age of 12 years cannot be charged with an offence. There is an exception, however, for children aged 10 or 11 who can be charged with murder, manslaughter, rape or aggravated sexual assault.

What is a juvenile proceeding?

A juvenile proceeding is a lot like an adult criminal proceeding but it is more informal. The juvenile has a right to know the charges against them, and there are often pretrial conferences. If the offense is relatively minor like shoplifting or minor in possession of alcohol and the offender does not have a prior criminal history, the state’s attorney may agree to dismiss the charges after a period of good beavior.

Why is it important to practice juvenile law?

Because minors have the same constitutional rights that all Americans enjoy, practicing juvenile law is also critical to help this segment of the population defend their rights to the fullest extent of the law. Because criminal courts exist throughout the United States, practicing juvenile law allows you to live almost anywhere.

Why do we have juvenile law?

Juvenile law exists because lawmakers and the courts believe that it’s appropriate to treat minors differently than adults under the law. Policy makers believe that juveniles have more potential for rehabilitation than their adult counterparts.

Why is it important to advocate for the rights of minors?

Advocating for the rights of minors under the law. Juveniles have the same rights as all Americans, but the courts have different procedures and goals for juveniles. Juvenile proceedings are important for public safety. They can also have lasting consequences for the juveniles involved and for the public.

How old do you have to be to be charged in adult court?

States are free to change the age of responsibility as they see fit. After a juvenile reaches the age of majority, they are charged in adult court any time they’re accused of an offense. Even if the age of majority is less than 21, most states allow penalties for a juvenile proceeding to continue until the age of 21.

What is the right of a juvenile?

A juvenile has a right to the assistance of counsel in a juvenile case. When juvenile courts first came about in the early twentieth century, a juvenile criminal proceeding was often nothing more than a conversation between the judge and the minor. However, in the 1967 Supreme Court case In re Gault, the Court affirmed a minor’s right to the assistance of counsel in the same way an adult has the right to the help of an attorney when they’re facing jail time for a crime.

What happens when a juvenile is accused of a crime?

When a person accused of a crime is under a certain age, state prosecutors bring the case in a special court established to meet the needs of the public and the juvenile. Instead of facing the full penalties of the offense in adult court, the juvenile faces alternative penalties. If they’re convicted of the offense, ...

What is juvenile justice reinvestment?

In a review of the youth corrections system, the state’s Juvenile Justice Reinvestment Initiative Work Group found that few evidence-based community interventions existed in much of the state. Most committed youth were removed from their homes for misdemeanors, probation violations, and status offenses, such as truancy.

How much did the South Dakota juvenile justice reforms save?

The reforms are expected to save $32 million, with savings redirected to expand evidence-based interventions and provide counties with incentives to divert youth from the juvenile justice system.

How long does a juvenile stay in Hawaii?

In a review of the state’s juvenile justice system, the Hawaii Juvenile Justice Working Group found that from 2004 to 2013, commitments to youth facilities declined by 41 percent, but the average length of stay nearly tripled, increasing from 2.5 months to 7.2 months. It also found that a greater proportion of adjudicated new offenses in 2013 were misdemeanors (61 percent, up from 47 percent in 2004), and nearly half of committed youth had no prior felony record. Forty-one percent of commitments resulted from probation violations or revocations. The working group also determined that much of the state lacked effective community-based alternatives to incarceration, leaving courts with few options. Based on its findings, the working group proposed that the state decrease the use of secure confinement for lower-level offenders, increase community-based options, and strengthen probation supervision.

How much will the South Dakota juvenile population shrink in 2020?

By 2020, the bill is projected to shrink South Dakota’s committed juvenile population by more than 50 percent and reduce its youth probation population by nearly 30 percent.

How much did Hawaii spend on juveniles in 2013?

In 2013, taxpayers spent about $200,000 for each juvenile offender committed to the Hawaii Youth Correctional Facility, but the state still struggled to control recidivism. Three in 4 youth were readjudicated as delinquent or convicted of new crimes as adults within three years of their release.

What percentage of out of home juveniles were in 2012?

Juveniles who had been committed for misdemeanors or for violating the terms of community supervision accounted for 55 percent of the out-of-home population in 2012, up from 39 percent in 2002. During the same period, the average length of stay in residential facilities increased sharply for these lower-level offenders.

Why are youth removed from their homes?

Most committed youth were removed from their homes for misdemeanors, probation violations, and status offenses, such as truancy. Although commitments declined 20 percent from 2004 to 2013, the average length of stay in out-of-home placements increased by 27.5 percent to 15.3 months.

What is a prosecuting attorney?

Prosecuting attorneys are lawyers employed by the government to represent the people of their jurisdictions in criminal trials. U.S. prosecutors at the county, state and federal levels work with police, victims and witnesses to bring suspected criminals to justice in courts of law.

How long does it take to become a prosecutor?

Aspiring prosecuting attorneys must first obtain a four-year degree from an accredited university and then graduate from law school, which typically takes an additional three years. Law students interested in becoming prosecutors often focus their studies on criminal law.

What is the role of a prosecutor in criminal justice?

A code of ethics for prosecutors published by the American Bar Association says: ''The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict. … The prosecutor should seek to protect the innocent and convict the guilty.'' The ABA's ''Criminal Justice Standards for the Prosecution Function'' also addresses potential conflicts of interest and proper relationships between prosecutors and law enforcement, courts, victims, witnesses and defense attorneys.

What makes a good prosecutor?

Prosecutors must be masters of all aspects of criminal law and also effective communicators with the defense, victims, witnesses, courts, law enforcement and other parties.

Does Herzing University respond to information requests?

Herzing University responds quickly to information requests through this website.

Who is the first to speak at a trial?

Prosecuting attorneys are the first to speak when a trial opens, laying out the case against the accused. They introduce and interview witnesses to present evidence that the accused is guilty as charged beyond a reasonable doubt.

What does probation do?

Probation officers work with juveniles who have entered the court systems as offenders and monitor their activities in lieu of, or after, serving a sentence in a juvenile detention center or in a group home.

What happens if a juvenile violates probation?

If a juvenile violates the terms of their probation, the probation officer can make the decision to revoke probation and transfer an offender to juvenile detention.

What is a probation officer?

Probation officers are the main type of advocate found in the juvenile justice system, though the title may sound otherwise. Juvenile probation officers are court appointed and are tasked with being an advocate for their clients within the courts. Juvenile probation officers also supervise their clients’ school attendance and grades, ...

What is a good juvenile probation officer?

A good juvenile probation officer works towards rehabilitation and accountability, finding potential in each client. All vulnerable populations deserve and benefit from dedicated advocates, and juveniles who find themselves within the criminal justice system are no exception.

Why do juveniles need advocates?

As such, juveniles need access to many advocates within the criminal justice system. These advocates are put in place to ensure that the juvenile’s rights are protected, whether the juvenile is bringing or facing a case, and regardless of whether they are guilty or innocent of wrongdoing. Victims are especially benefited by advocates, as navigating the criminal justice system can compound the injury and stress the child may already be facing.

What is a juvenile advocate?

One type of advocate within the juvenile justice system is a guardian ad litem, which is a court appointed guardian who is present to represent the interests of the client.

What is the role of an advocate in criminal justice?

The role of the advocate is to speak up for people in situations where the advocate is either more knowledgeable, will suffer no consequences by speaking out, or where they can act as a buffer for their client.

Why do we give the prosecutor powers?

All these powers are given to the prosecutor to help ensure that “the justice is done”, and if a prosecutor does their job properly justice should prevail. However, time and time again we have seen examples of prosecutorial misconduct (which can include withholding evidence) and prosecutorial overreaching resulting in defendants being overcharged and facing excessive criminal penalties.

What is the role of a prosecutor in the criminal justice system?

According to the American Bar Association, a prosecutor “should act with diligence and promptness to investigate, litigate, and dispose of criminal charges, consistent with the interests of justice and with due regard for fairness, accuracy, and rights of the defendant, victims, and witnesses.”

What happens if you get convicted of a crime in New York?

With the power to decide what to charge and what pleas to offer, it can seem like the prosecutor holds a criminal defendant’s very life in their hands. If convicted, a defendant can end serving a jail term, having to submit to probation or parole supervision, paying heavy fines, and suffering many other personal costs. Simply put, while a prosecutor’s job is supposed to be seeking justice, all too often overzealous prosecutors are only interested in getting a conviction and attempting to get the maximum sentence.

What is a prosecutor?

A prosecutor is an attorney who represents the government throughout the criminal justice process, including arraignment, hearings, trials, and appeals.

Who is Jason Bassett?

As a former prosecutor with more than 20 years of criminal law experience, Jason Bassett understands both sides of the courtroom and how to put that knowledge towards getting his clients the best possible outcomes.