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Juvenile law is a hybrid of civil and criminal law.
Posted on March 28, 2008 at 01:19:09 AM by d1

II. JUVENILE LAW AND PROCEDURE IN TEXAS

Juvenile law and procedure in Texas is a combination of laws drawn from several areas. Juvenile cases are significantly different from adult criminal cases. It is also important to note that a juvenile case is actually a civil proceeding whereas an adult criminal defendant is charged in a criminal proceeding. Juvenile law is a hybrid of civil and criminal law. While the actual charges against a juvenile are brought by means of a civil lawsuit, the juvenile offender is given virtually the same constitutional rights, privileges and protections that an adult criminal defendant possesses. The juvenile system has its own set of terminology and processes that differ drastically from its adult counterpart.

The original Title III of the Texas Family Code was written in 1973 and has been amended numerous times over the years. The single most significant revision to juvenile law and procedure came in 1995 during the 74th Texas Legislature where juvenile justice reform was a major issue. Voluminous changes in the juvenile justice system resulted, most of those dealing specifically with violent and habitual juvenile offenders.

A. Introduction. Texas juvenile law is governed primarily by Title III of the Texas Family Code entitled the "Juvenile Justice Code". The main goals of the juvenile justice system in Texas, as mandated by TEX. FAM. CODE ANN. ' 51.01 (Vernon 1996), are to provide for the safety and protection of the public, promote the concept of punishment and accountability, and provide treatment and rehabilitation of the juvenile offender in the community.

Replies:

* Juvenile law is a hybrid of civil and criminal law. - By d1 March 28, 2008 at 03:04:38 AM

Juvenile law is a hybrid of civil and criminal law.
Posted on March 28, 2008 at 03:04:38 AM by d1

PRE-TRIAL ACCESS TO COUNSEL

In 1967, the In Re: Gault case came before the U.S. Supreme Court. In a landmark victory for juvenile justice, the high court ruled that children under the age of 18 have the right to counsel to assist with any criminal charges against them. The ACLU brought the case on behalf of the plaintiff, Gerald Gault. Forty years after the Gault ruling, the ACLU is still fighting for children’s right to counsel.

PRE-TRIAL ACCESS TO COUNSEL

Replies:

* The proceedings of the Juvenile Court failed to comply with the Constitution... - By d1 March 28, 2008 at 05:16:22 AM

The proceedings of the Juvenile Court failed to comply with the Constitution...
Posted on March 28, 2008 at 05:16:22 AM by d1

Argument: Friday, December 16, 1966
Decision: Monday, May 15, 1967
Issues: Civil Rights, Juveniles
Categories: children, criminal, due process, juveniles, right to confront witnesses, right to counsel, self-incrimination


Advocates
Norman Dorsen (Argued the cause for the appellants)
Merritt W. Green (Argued the cause for the Ohio Association of Juvenile Court Judges, as amicus curiae, urging affirmance)
Frank A. Parks (Argued the cause for the appellee, pro hac vice, by special leave of the Court)

Facts of the Case

Gerald Francis Gault, fifteen years old, was taken into custody for allegedly making an obscene phone call. Gault had previously been placed on probation. The police did not leave notice with Gault's parents, who were at work, when the youth was arrested. After proceedings before a juvenile court judge, Gault was committed to the State Industrial School until he reached the age of 21.

Question

Were the procedures used to commit Gault constitutionally legitimate under the Due Process Clause of the Fourteenth Amendment?

Conclusion

No. The proceedings of the Juvenile Court failed to comply with the Constitution. The Court held that the proceedings for juveniles had to comply with the requirements of the Fourteenth Amendment. These requirements included adequate notice of charges, notification of both the parents and the child of the juvenile's right to counsel, opportunity for confrontation and cross-examination at the hearings, and adequate safeguards against self-incrimination. The Court found that the procedures used in Gault's case met none of these requirements.

# Conduct indicating a need for supervision (CINS) is defined as conduct, - By d1 March 28, 2008 at 01:29:24 AM

Conduct indicating a need for supervision (CINS) is defined as conduct,
Posted on March 28, 2008 at 01:29:24 AM by d1

B. Terminology and Related Procedural Processes. For purposes of juvenile law, there are several unique terms and definitions that are important to understand.

1. Child. To invoke the jurisdiction of the juvenile court, an alleged juvenile offender must fit the definition of a child under TEX. FAM. CODE ANN. ' 51.02. A child is a person who is 10 years of age or older and under 17 years of age, or a person who is 17 years of age or older and under 18 years of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17 years of age.

2. Delinquent Conduct. Delinquent conduct is defined to be 1) conduct that violates a penal law of Texas or the United States that is punishable by imprisonment or by confinement in jail (i.e., Class B Misdemeanors through Capital felonies); 2) a violation of a lawful order of a juvenile court except an order prohibiting commission of fineable only offenses, runaway, or truancy; 3) conduct that violates a municipal or justice court order under circumstances that would constitute contempt of court; and 4) the third or subsequent offense of driving under the influence of alcohol by a minor. TEX. FAM. CODE ANN. ' 51.03 (a).

3. Conduct Indicating A Need For Supervision (CINS). Conduct indicating a need for supervision (CINS) is defined as conduct, other than traffic offenses, that violates 1) penal laws punishable by fine only or penal ordinances of any political subdivision of the state; 2) truancy; 3) runaway; 4) inhalant abuse; 5) an act that violates a school districts previously communicated written standards of student conduct for which the student has been expelled; or 6) conduct that violates a court order for a child declared at risk. TEX. FAM. CODE ANN. ?51.03 (b).


* 5) an act that violates a school districts previously communicated written standards of student cond - By d1 March 28, 2008 at 01:36:18 AM

5) an act that violates a school districts previously communicated written standards of student cond
Posted on March 28, 2008 at 01:36:18 AM by d1

3. Conduct Indicating A Need For Supervision (CINS). Conduct indicating a need for supervision (CINS) is defined as conduct, other than traffic offenses, that violates 1) penal laws punishable by fine only or penal ordinances of any political subdivision of the state; 2) truancy; 3) runaway; 4) inhalant abuse; 5) an act that violates a school districts previously communicated written standards of student conduct for which the student has been expelled; or 6) conduct that violates a court order for a child declared at risk. TEX. FAM. CODE ANN. ?51.03 (b).


The ACLU created "Know Your Rights" cards educate youth in Ohio about their rights in court. Get a printable PDF >

Replies:

* (3) the child has no parent, guardian, custodian, or other person able to return him to the court wh - By d1 March 28, 2008 at 01:55:43 AM


(3) the child has no parent, guardian, custodian, or other person able to return him to the court wh
Posted on March 28, 2008 at 01:55:43 AM by d1

4. Detention Hearing. If a child is taken into custody, juvenile court intake (usually the juvenile probation department) initially determines if the person meets the definition of "child" discussed above and whether probable cause exists to believe the child engaged in the offense. Intake then makes a determination on whether a child should be detained or not. The Texas Family Code has a built-in presumption in favor of releasing the child to a suitable parent or guardian. At least one of five statutory criteria to detain must be present. These five criteria are: (1) the child is likely to abscond or be removed from the jurisdiction of the court, (2) suitable supervision, care or protection for the child is not being provided by a parent, guardian, custodian, or other person, (3) the child has no parent, guardian, custodian, or other person able to return him to the court when required, (4) the child may be dangerous to himself or he may threaten the safety of the public if released, or (5) the child has previously been found to be a delinquent child or has previously been convicted of a penal offense punishable by a term in jail or prison and is likely to commit an offense if released. TEX. FAM. CODE ANN. Section 54.01.
If a child is detained by intake then a judge must make a finding of probable cause within 48 hours and hold a detention hearing within one or two working days. The court uses the same criteria as intake in deciding whether to detain a child. Detention hearings must then be held every 10 working days thereafter. In counties without detention centers, detention hearings must be held every 15 working days.

http://www.tjpc.state.tx.us/about_us/juv_justice_overview.htm

(2) suitable supervision, care or protection for the child is not being provided by a parent,

o (3) the child has no parent, guardian, custodian, or other person able to return him to the court wh - By d1 March 28, 2008 at 01:55:43 AM



o The proceedings of the Juvenile Court failed to comply with the Constitution... - By d1 March 28, 2008 at 05:16:22 AM
* Conduct indicating a need for supervision (CINS) is defined as conduct, - By d1 March 28, 2008 at 01:29:24 AM
o 5) an act that violates a school districts previously communicated written standards of student cond - By d1 March 28, 2008 at 01:36:18 AM
+ (3) the child has no parent, guardian, custodian, or other person able to return him to the court wh - By d1 March 28, 2008 at 01:55:43 AM