ANNIE P. CLAESSON-HUSEBY Bachelor of Science Degree Public
Administration Juris Doctorate Degree, with Distinction Masters
Degree Public Administration 3 years at Legal Services of Northwest
Minnesota 10 years as an Assistant Beltrami County Attorney Chief
Assistant since 2006 Elected Beltrami County Attorney November of
2014 Licensed to practice law in State and Federal Court
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ADULT CRIMINAL JUSTICE SYSTEM
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JUVENILE JUSTICE SYSTEM
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SIMILARITIES ADULT CRIMINAL JUSTICE Offenses Elements of
offense Right to an attorney Charging documents Burden of Proof.
JUVENILE JUSTICE SYSTEM Offenses Elements of offense Right to an
attorney (delinquency) Charging documents Burden of Proof.
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MAJOR DIFFERENCES ADULT CRIMINAL JUSTICE Goal Hold accountable
Rights Advisory (Miranda) Rules of Criminal Procedure Open to the
Public Right to Jury Trial Age 18 at time of offense Exception 1 st
Degree Murder (16 y.o.)/DWI/Petty Traffic. Sentencing Guidelines
Jail/Prison Time JUVENILE JUSTICE SYSTEM Goal Rehabilitate Rights
Advisory (Miranda, plus) Rules of Juvenile Protection Procedure
Generally closed to the Public Over 16/Felony, EJJ, Certified No
Right to Jury Trial Exceptions Age Under 18 at time of offense
Indeterminate Sentencing Many disposition options Least
Restrictive
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CERTIFICATION Rules of Juvenile Protection Procedure, Rule
18.01. Generally, is applicable when the prosecutor moves for
certification, and the child is alleged to have committed, after
becoming 14 years of age, an offense that would be a felony if
committed by an adult. Initiated upon motion of the prosecuting
attorney. Maybe made anytime before jeopardy attaches.
Certification Study. The court upon its own motion or the motion of
the childs counsel or prosecuting attorney may order social,
psychiatric or psychological studies concerning the child of a
certification study. Report must address each of the public safety
considerations, and options of the court (certification, EJJ, and
retention of juvenile court jurisdiction.
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CERTIFICATION VS. EJJ CERTIFICATION The child is treated like
an adult from start to finish of the case. Once certified Juvenile
Court Jurisdiction ends, and District Court Jurisdiction starts.
Adult Sentence from the beginning. EJJ Child is given a stayed
adult sentence. Adult sentence is not imposed unless the child
violates terms of juvenile probation. Case remains in Juvenile
Court until the EJJ is revoked.
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CERTIFICATION - CONTINUED Presumption of Certification It is
presumed that a child will be certified if: The child was 16 or 17
at the time of the offense. The delinquency petition alleges that
the child committed an offense that would result in a presumptive
commitment to prison under the sentencing guidelines, or a felony
level offense in which the child allegedly used a firearm. Probable
cause has been determined. Note, the presumption can be overcome if
the child demonstrates by clear and convincing evidence that
retaining the proceedings in juvenile court serves public safety.
Note, note, if the juvenile court does not order certification in a
presumptive certification case, the court shall designate the
proceeding as an EJJ prosecution.
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CERTIFICATION - CONTINUED Non-presumptive Certification If
there is no presumption, the court may only order certification
only if the prosecuting attorney has demonstrated by clear and
convincing evidence that retaining the proceeding in juvenile court
does not serve public safety. In determining whether the public
safety is served by certifying the matter, or designating the
proceeding as EJJ, the court shall consider the following factors:
Seriousness of the offense. Culpability of the child (level of
participation in planning and carrying out offense). Childs prior
record. Childs programming history including willingness to
participate. Adequacy of the punishment or programming available in
the juvenile justice system. Adequacy of programming available.
Dispositional options available for the child.
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CERTIFICATION - CONTINUED If juvenile court certifies the
matter, the juvenile court jurisdiction ends, and all subsequent
steps in the case are governed by the Minnesota Rules of Criminal
Procedure.
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EXTENDED JURISDICTION JUVENILE Extended Jurisdiction Juvenile
Proceeding (EJJ). Extended Jurisdiction Juvenile is a child who has
been given a stayed adult criminal sentence, and for whom
jurisdiction of the juvenile court may continue until the childs 21
st birthday.
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EJJ - CONTINUED EJJ Study Same as Certification Study. EJJ
hearings, generally public is excluded. EJJ Determination is
REQUIRED if there is a presumption of certification, but the child
has shown by clear and convincing evidence that retaining
jurisdiction in juvenile court serves public safety. EJJ is
otherwise discretionary. The court may designate the proceeding EJJ
when: The court finds that designating the proceeding as EJJ serves
the public safety.
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EJJ- CONTINUED Every child who is the subject of an EJJ
prosecution is entitled to a jury trial. Upon a guilty plea or
conviction the court shall: Impose an adult criminal sentence, and
stay execution of the sentence on conditions that the child not
violate the conditions of juvenile probation. Unless stay is
revokes, jurisdiction shall terminate upon the childs 21 st
birthday, or at the end of the maximum probationary period,
whichever occurs first. The court may terminate jurisdiction
earlier.
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JUVENILE PROBATION PETTY OFFENDER Petty level Minnesota Statue
260B.235 Adjudicate Petty Offender Fine $100 Community Service Drug
Awareness Program CD Assessment Probation for 6 months.
Restitution
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JUVENILE PROBATION DELINQUENCY Delinquency Disposition
Minnesota Statute 260B.198 If charged and convicted or plea then
adjudicate delinquent. Adjudication can take place at time of plea,
or a later time after predisposition report is completed by DOC.
Once adjudicated delinquent usually placed on supervised probation.
Indeterminate period of probation up until the juveniles 19 th
birthday. Child can be held in an institution for purposes of
detention, diagnosis, or treatment purposes must be least
restrictive. Public policy and the law mandates that the best
interests of the child are normally served in parental custody.
Fine up to $1000. Treatment needs Remove Drivers License until 18
th Birthday Go to school.
