Posts Tagged ‘Serious Youth Offender’

Rethinking Youth Crime with the Drop in California Serious Youth Crime Rates

Utah Criminal Defense Attorney, on the topic of  Drugs, Juvenile Defense Misc
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A research brief just published by the Center on Juvenile and Criminal Justice examines why the serious crime rates among youth in California have dropped substantially in recent years. Although logic suggests that drug crime rates would fall with the changes in drug laws, the crime rates for violent and property felonies, homicide, and misdemeanors in general also decreased.

Overall, California serious youth crime rates have fallen faster than national rates in the last 40 years.

The researchers were only able to positively correlate the crime decline with two factors: (1) the 2011 change in marijuana law, downgrading low-level possession from a misdemeanor to an infraction; and (2) improvements in the economic well-being of California’s youth. Even these correlations though were moderate. This suggests that policy-makers need to re-think “the often emotional and increasingly unfounded rhetoric now used to characterize young people, violence, and crime.” In particular, California’s drop in youth crime shows “that contrary to conventional notions, more youth and increasing racial and ethnic diversity do not lead to more crime” because California has the most diverse youth population and now has the lowest offense level ever reliably calculated.

For the full brief click: CA_Youth_Crime_2011.

The truth is that many factors influence youth propensity to commit crime and many factors may make legal intervention more or less successful.  For those with a child or teen that has already been arrested and is involved in the justice system, contacting an experienced juvenile attorney may make the difference in getting them back on track.

 

Serious Youth Offender Procedures in Utah

Simms, on the topic of  Utah Law, Violent Acts
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Many people think that if you commit a crime and you’re younger than 18, you get the benefit of juvenile court, which focuses on helping young people, providing treatment instead of punishments, and is much more private than adult court.

For the most part that is true. But, there are certain serious crimes that can catapult a youngster 16 years old or older into the adult court system and even land a juvenile in prison.

For example, a juvenile who commits the following felonies may be legally classified as a serious youth offender:

• aggravated arson
• aggravated assault, involving intentionally causing serious bodily injury to another
• aggravated kidnapping
• aggravated burglary
• aggravated sexual assault
• felony discharge of a firearm
• attempted aggravated murder or
• attempted murder

A juvenile could also be considered a serious youth offender if the juvenile has previous convictions involving dangerous weapons.

If the prosecutor files a serious youth offender case against a juvenile, there will be hearing in juvenile court that is just like a preliminary hearing in district court. Only, the stakes are high for a juvenile because the results could be a trip to adult court. If the state proves to the juvenile court judge that there is evidence to support the state’s case against the juvenile, the law requires the juvenile judge to order that the juvenile be bound over and held pending trial in district court.

In other words, a juvenile could be treated just as if an adult had committed the same crime—with a few exceptions.

If you have a young person in your life that is facing a serious youth offender problem, you need competent legal help right away. A good defense attorney might be able to stop the juvenile from landing in adult court. For example, there may be arguments to keep the youth in juvenile court, such as:

• the juvenile was less culpable than other co-defendants or participants in the crime
• the juvenile has no prior convictions involving the use of dangerous weapons; or
• the juvenile’s role in the offense was not committed in a violent, aggressive or premeditated manner

These are just some of the arguments that a good defense attorney could make to keep a juvenile out of adult court. It is important to contact a Utah juvenile defense attorney immediately if your child has been charged with any crime, whether a felony or misdemeanor. An attorney will be able to explain the justice system process in more detail and help ensure that your child is treated fairly and appropriately.

Homicide/Murder by a Utah Juvenile

clayton, on the topic of  Violent Acts
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Homicide/Murder committed by a juvenile is almost always filed directly in adult District Court if the Utah juvenile is over 16 years of age. If the juvenile is under 16, but over 14 years of age the case will begin in the juvenile court and then move to the adult/District Court.

Homicide/Murder is defined as accidentally, or intentionally causing the death of another human being. Accidental and intentional cause of death can be defined as being the driver of a bank robbery, in which someone dies. Although they never shot anyone or went inside of the bank, a juvenile could be charged with felony murder. 

Homicide also includes causing the death of a human being through gross negligence. For instance, a person operating a vehicle while intoxicated may be charged with negligent homicide if they kill someone in an accident. Again, if a minor is older than 16, then the prosecutor can directly file charges against in adult court.

When can a Utah teen be tried in an adult court instead of juvenile court?

jesse, on the topic of  Juvenile Court, Utah Law
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(20) When can a Utah teen be tried in an adult court instead of juvenile court?

It depends on age and the crime the juvenile allegedly committed.

13-years-old and younger: They cannot be transferred to adult court because Utah deems them as children.

14, 15, 16, 17-year-old juvenile: If the juvenile is charged with any offense that would be a felony if committed by an adult, the juvenile can be transferred out of juvenile court and into adult court if the prosecutor can convince the juvenile judge that it is in the state’s best interest that the juvenile have a trial in adult court.

16 or 17-year-old juvenile: They can be transferred out of juvenile court and into adult court for a number of reasons.

  1. Any 16 or 17-year-old juvenile charged with murder is automatically transferred into adult court. (Utah Code 78A-6-701(1)(a)).
  2. Any 16 or 17-year-old juvenile who was previously sentenced to a secure facility and then afterwards is charged with another felony is automatically transferred into adult court. (Utah Code 78A-6-701(1)(b)).
  3. Any 16 or 17-year-old juvenile charged with the following felonies can be charged as an adult in juvenile court (from Utah Code 78A-6-702(1)(a)(i-ix)):
  • Aggravated arson
  • Aggravated assault involving intentionally caused serious bodily injury
  • Aggravated kidnapping
  • Aggravated burglary
  • Aggravated robbery aggravated sexual assault
  • Discharge of a firearm from a vehicle
  • Attempted aggravated murder
  • Attempted murder

The juvenile is then moved to adult court unless the juvenile can show that three conditions apply (no previous felony-level offense involving a weapon, less culpability than any co-defendants, and a role in the offense was not violent, aggressive, or premeditated).

When a juvenile you love is being charged in juvenile court for a serious crime, it is important for the juvenile to be represented by an attorney who knows the juvenile justice system and knows how to get the best outcome for the juvenile.