12
ST. LOUIS FAMILY COURT Judge Jimmie M. Edwards July 21, 2011

ST. LOUIS FAMILY COURT Judge Jimmie M. Edwards July 21, 2011

Embed Size (px)

Citation preview

Page 1: ST. LOUIS FAMILY COURT Judge Jimmie M. Edwards July 21, 2011

ST. LOUIS FAMILY COURT

Judge Jimmie M. EdwardsJuly 21, 2011

Page 2: ST. LOUIS FAMILY COURT Judge Jimmie M. Edwards July 21, 2011

Juvenile Court Jurisdiction

1. Child Protection – under 18

Abuse • physical• sexual • emotional

Neglect • environmental• medical • educational• lack of supervision

Purpose – protect child and assure a safe environment

Page 3: ST. LOUIS FAMILY COURT Judge Jimmie M. Edwards July 21, 2011

2. Delinquency – under 17

violation of state law or

ordinance committed by a

juvenile prior to attaining

the age of 17, which

would be a crime if

committed by an adult

Purpose – treat, rehabilitate and hold juveniles accountable

Page 4: ST. LOUIS FAMILY COURT Judge Jimmie M. Edwards July 21, 2011

3. Status Offenses

Offenses which would not be offenses if committed by an adult

Truancy

Runaway

Curfew

Incorrigibility

Behaviors Injurious

Purpose – treat and rehabilitate

Page 5: ST. LOUIS FAMILY COURT Judge Jimmie M. Edwards July 21, 2011

Juvenile Court Jurisdiction

4. Adoption

to create a new permanent and legal parent-child relationship

5. Guardianship

to create a new legal custodian-child relationship

Page 6: ST. LOUIS FAMILY COURT Judge Jimmie M. Edwards July 21, 2011

Legal Screening

Formal – prosecution

Informal – diversion services

Neighborhood Accountability Board Victim Offender Dialogue Theft Diversion Misdemeanor Marijuana Court Family Contracted Services Informal Supervision Youth Diversion program

Page 7: ST. LOUIS FAMILY COURT Judge Jimmie M. Edwards July 21, 2011

Formal vs. Informal Decision

Factors

felony vs. misdemeanor history age injury property damage parent’s cooperation victim’s position

Page 8: ST. LOUIS FAMILY COURT Judge Jimmie M. Edwards July 21, 2011

Juvenile vs. Criminal

Due Process Rights in Both Courts

right to an attorney right to notice and opportunity to prepare for trial right to present evidence right to cross-examine witnesses right to appeal

Due Process Rights in Criminal Court Only

bail / bond jury

Page 9: ST. LOUIS FAMILY COURT Judge Jimmie M. Edwards July 21, 2011

Juvenile Justice Criminal

Treatment Options Sentences

official court supervision probation

private residential facility

Division of Youth Services Dept of Corrections

(treatment) (prison)

Page 10: ST. LOUIS FAMILY COURT Judge Jimmie M. Edwards July 21, 2011

Juvenile Court Treatment

Official Court Supervision (probation)

Restitution Gun Court Community service Drug Court Counseling MINE Program Drug treatment MultiSystemic Therapy Sex offender treatment Nightwatch Educational programs YES program Job training – MERS

Page 11: ST. LOUIS FAMILY COURT Judge Jimmie M. Edwards July 21, 2011

Division of Youth Services

Day treatment Reach (Manchester & Kingshighway)

Residential Babler State Park St. Louis Regional Center (MO Hills) Hogan Street

Aftercare At home under supervision

Page 12: ST. LOUIS FAMILY COURT Judge Jimmie M. Edwards July 21, 2011

Certification

felony offense certification hearing Judge must determine whether juvenile is a proper

subject for juvenile court jurisdiction juvenile court jurisdiction terminated prosecutor may charge juvenile as adult

The court must balance the appropriateness of treatment in the juvenile system and the community’s need for protection from the juvenile.