ROLE OF THE JUVENILE COURT

When an individual accused of a crime is under the age of 18, the process is different than for adults; it is required to be faster, and a judge makes most of the decisions.

The Juvenile Court deals with criminal cases, as well as issues of adoption, abuse and neglect. It has four sections to handle criminal cases, which are referred to as delinquency cases.

The Juvenile Court is located at the same premises as the Juvenile Detention Center. This venue provides quicker and better communication between the ADA, the Public Defender, and the judges. As a result the court is able to be more responsive to a youth’s needs, since the ADA and Public Defender are always available for an emergency hearing, and the time to disposition (from the arrest to the trial) is also improved.

PROBABLE CAUSE HEARING

Police must complete a written report and submit it at the time of arrest to the Juvenile Division of the DA’s office.

If the youth is arrested and put in jail, they must be brought before a judge within 3 days, and the arresting officer will testify. This first appearance is known as a Probable Cause Hearing in Juvenile Court (similar to the Probable Cause/First Appearance Hearing for adults).

• A Public Defender will be assigned to represent the youth, unless the family hires a private lawyer.

• A Juvenile ADA will contact the victim’s family at the time of the arrest.

The judge may review their prior criminal record and determine if the youth should remain in custody. The judge will consider the seriousness of the crime and its circumstances, and if the youth poses a threat to others. Based on this, the judge may release the youth without restriction, on bail, or keep them in jail until trial.

DECISION TO PROSECUTE IN ADULT OR JUVENILE COURT

The ADA decides on the appropriateness of the case for prosecution. They also choose where the youth will be tried (adult or juvenile court) if the youth is 15 years of age or older. In general, individuals older than age 15 who are charged with 1st degree murder, 2nd degree murder, aggravated rape or aggravated kidnapping, can be tried in an adult court and receive adult sentences.

Before a youth can be sent to adult court, there must first be a transfer hearing (or “Article 305 hearing”) before a Juvenile Court Judge. At this hearing the ADA must establish probable cause that the youth committed the offense, showing that the arresting officer had a reasonable basis to make the arrest. If the Juvenile Court Judge grants such a transfer, the youth is immediately transported to Orleans Justice Center and held as an adult pending trial. If the case is assigned to adult criminal court, the process will follow the adult proceedings.

DELINQUENCY PETITION

The legal case begins when the ADA agrees to try the case and files a “Delinquency Petition” (similar to the Grand Jury's Bill of Indictment or DA's Bill of Information in adult court). A Delinquency Petition is usually filed within 48 hours of the initial Probable Cause Hearing.

ARRAIGNMENT

An arraignment happens within 7-10 days of the arrest. The Public Defender or private defense attorney will discuss the case with the youth and their guardian. At this stage, the Public Defender or defense attorney must enter a plea of guilty or not guilty on behalf of the youth.

If there are multiple defendants in the case, and if the different families cannot afford an attorney, the court appoints an attorney(s) from a panel of lawyers in order to avoid any conflict of interest.

TRIAL

For all cases the DA decides to prosecute in juvenile court, a trial is held within 30 days of the youth’s first appearance in court, if they are still in detention.

• If the youth was already released, the trial must be held within 90 days of their first appearance.

• At trial, the ADA must prove the case beyond a reasonable doubt to the judge (there are no jury trials). Police officers and witnesses may be called to testify, and the defense attorney may question them.

• The defense attorney can call witnesses to challenge the case, and the ADA can question them. As with adults, a youth is not required to testify at trial.

• If the judge finds the youth guilty, they are determined to be a child that has committed a delinquent act. *Note: these are legal terms. For more detail on the Juvenile System, refer to the Louisiana Children’s Code.

SENTENCING

The judge decides the sentence based on the facts of the case. There are restrictions on the maximum amount of time a youth may be incarcerated, based on the defendant’s age at the time of the offense:

• If the youth was under the age of 10, they cannot be incarcerated for the offense. The Juvenile Court may place them in a group home or a special treatment facility, but not in jail.

• If the youth was over 10 years of age but under 13 at the time of the offense, they may be incarcerated until his/her 18th birthday.

• If the youth was over age 13 at the time of the offense, they may be incarcerated until their 21st birthday.

• There are certain crimes for which a youth must be incarcerated until their 21st birthday: 1st and 2nd degree murder, aggravated rape, and aggravated kidnapping. If judged delinquent for any of these charges, it is a mandatory “juvenile life sentence” until age 21. The Juvenile Judge has no discretion on such a sentence and there is no suspension of sentence, probation, parole, or early release.

• If the charge is armed robbery, the Juvenile Judge has discretion as to the sentence, based on the facts of the case - but whatever sentence is issued, it must be served without benefit of parole, probation, suspension or modification of the sentence.

• A youth cannot receive the death penalty.

• The youth cannot be registered with LA VINE.

The appeal process for a youth is the same as the process described for adult defendants.

PAROLE ISSUES

In 2012, the Supreme Court of the United States decided a case called Miller v. Alabama. The court ruled that sentencing a youth to life without parole is cruel and unusual punishment.

• This now means that at the sentencing (held after the defendant is found guilty), the judge will determine if the youth defendant is eligible for life with benefits (parole) or life without benefits (no parole), taking into consideration mitigating and aggravating circumstances. Thus the judge is allowed to deny the option of parole. However, if the possibility of parole is allowed, a certain amount of years will have to be served.