JUVENILE JUSTICE

Purpose and InterpretationSec. 51.01 Tex.Fam.Code

“This title shall be construed to effectuate the following public

purposes: to provide for the care, the protection, and the wholesome

moral, mental, and physical development of children coming

within its provisions and to protect the welfare of the community and to control the commission of unlawful

acts by children.”

El Paso’s Juvenile Courts

65th District CourtJudge Yahara Lisa

Gutierrez

Juvenile Court #1Referee Richard Ainsa

Juvenile Court #2Referee Maria Teresa

Leyva-Ligon

Juvenile Prosecutors

Ralph GirvinJuvenile Unit Chief

JPD Prosecutors:Amy Monsivais

Linda PerezJose Castillo

Courthouse Prosecutors/

Criminal Unit:Mark Burtner

Michael GomezPatsy Lopez

Juvenile Process(Adult Process)

Trial

Voir Dire Delinq./Not Delinq.

Disposition(Voir Dire)

(Guilty/Not Guilty)(Punishment)

Terminology Adult (17 yrs +)

1. Defendant2. State = D.A.3. Bond Hearing4. Indictment5. Guilty/Not Guilty6. Conviction7. Punishment8. Revocation9. Beyond

Reasonable Doubt

Juvenile (10yrs-16yrs)1. Juvenile2. State = C.A.3. Detention Hearing4. Petition5. Delinquent/Not

Del.6. Adjudication7. Disposition8. Modification9. Beyond

Reasonable Doubt

Detention Hearing

Detention Hearing

Judge must release the juvenile, unless…

Prior adjudication

Danger to self

Danger to community

Likely to abscond/be removed from the

jurisdiction

No suitable supervision

NOTE: Cannot pay to be released!

Law Enforcement Agency

Juvenile Probation Department

El Paso County Attorney’s Office

Charging Process

Three Ways to Charge

By P

etition

•Up to TYC until the age of 19

Determinate Sentence

•3rd Degree Felony: up to 10 years•2nd Degree Felony: up to 20 years•1st Degree Felony: up to 40 years

Certification

•Same punishment as an adult

Pretrial Hearings/Trial

What happens at a pretrial hearing?

Negotiation! Charge only (like federal court)• Punishment determined later

Three choices for

juvenile

Stipulate (Adjudicat

ion)

Set case for motion

hearing

Set case for

jury/non-jury trial

Trial (Adjudication)

Either by judge or jury

• Juvenile may elect either; State does not need to agree

Jury Trials

• Just like an adult trial • B

eyond a reasonable doubt

• Criminal rules of evidence

• Number of jurors

• Except… No “guilty or not guilty” & number of misdemeanor peremptory strikes• A

djudicated

• “committed a delinquent act” or “did not commit a delinquent act”

Punishment: Disposition Hearing

How is a disposition determined?

Home study

Pre Disposition

Report (PDR)

Adversarial

When can a disposition be made?

Removal from the Home

Judge can only remove a juvenile from his home if…

“The child, in the child’s home, cannot be provided the quality of care and level of support and supervision that the child needs to meet the conditions of probation.”

Levels of Punishment

Indeterminate• Misdemeanor • Felony

DeterminateFamily Code 53.045

Certification/Transfer to Criminal Court

Family Code 54.02

Possible Punishments

IN-HOME OUT-OF-HOME

Curfew (usually 5pm) Treatment facility

No curfew Independent Living Skills

Electronic Monitor RTC

Drug Court/Special Needs Challenge

Intensive Supervised Probation/Serious Habitual Offender Comprehensive Action Program (SHOCAP)

Texas Juvenile Justice Division (TJJD)

Modifying Probation

Changing Conditions of Probation

§ 54.05, Hearing to Modify Disposition Can modify if child is still under 18 and

violated Can remove child from his home if…

▪ It is in the child’s best interest, and ▪ Reasonable efforts were made to

prevent/eliminate the need to remove the child, and

▪ The child, in the child’s home, cannot be provided the quality of care and level of support/supervision that child needs to meet the conditions of probation

Sex Offender Registration

Completion of Sex Offender Treatment (SOT)

Request the Court Defer Registration until SOT is completed by juvenile (CCP Sec. 62.352)

Upon Successful Completion juvenile is exempt from registration unless the prosecutor requests a hearing & the Court finds interest of the public requires registration. (CCP Sec. 62.352)

Search and Seizure

New Jersey v. T.L.O., 469 U.S. 325 (1985) Juveniles have a lesser expectation of

privacy at school NOTE: This only applies to school

officials (not officers) who conduct searches!

SRO’s are considered to be police officers

Death Penalty and Juveniles

Roper v. Simmons, 543 U.S. 541 (2005).Facts• Juvenile is less culpable than an adult

because…• Lack maturity• More likely to succumb to outsides

pressure(s)• Character not fully formed

Holding• NO execution for those under 18

years of age because of the 8th Amendment

What’s the goal?

From the Juvenile System

To Succes

s

Any Questions?