Articles in the Juvenile Justice category - Page 4 of 12

Delinquency adjudications and criminal convictions of minors who have been transferred to Superior Court for trial as adults both require that the elements of the offense charged are proved beyond a reasonable doubt, including that the required criminal state of mind, or mens rea, existed.  The adolescent mind has been the subject of substantial scientific research. This research grounded several United State Supreme Court decisions related to criminal punishment of minors and when Miranda warnings are necessary. However, the question of how the science of adolescent brain development does or does not connect to the mens rea requirements of various offenses is not well litigated. The North Carolina Court of Appeals dipped a toe in this area in its recent ruling in State v. Smith, __ N.C. App. __ (June 6, 2023).

The investigation of offenses subject to juvenile jurisdiction requires an understanding of how the law regarding juvenile investigations varies from the law that governs criminal investigations. I am happy to share Juvenile Law Related to the Investigation of Delinquent Acts, a new Juvenile Law Bulletin that details laws unique to juvenile investigations. This blog provides some highlights from the search and seizure section of the Bulletin.

The current news seems to be full of reports of threats against schools. A search of the WRAL website for stories on school threats reveals at least five discrete stories on threats against North Carolina schools in May alone. How can schools and law enforcement be prepared to respond to, and perhaps even prevent, threats against student safety? The National Threat Assessment Center of the United States Secret Service (NTAC) has been researching that topic for over 20 years. The results are consistent. Schools that have an effective threat assessment structure in place, casting a wide net to effectively identify youth along a continuum of need and offering a range of responses, are best positioned to address threats and prevent school violence.

***This post was written by my colleague Phil Dixon. You can contact Phil at dixon@sog.unc.edu I started wondering about that question after reading last month’s decision by the Fourth Circuit […]

Determination of the correct disposition level available in a delinquency case requires a four-step process.

1. Identify the offense for which disposition is being entered (hereinafter referred to as the “disposition offense”).
2. Identify the offense classification for the disposition offense.
3. Calculate the juvenile’s delinquency history level.
4. Use the disposition chart to identify the corresponding level or levels for the case.

The short answer is no. There is no specific legal requirement to enter a disposition in a delinquency matter in a certain period of time. At the same time, the law does provide some context on moving efficiently to disposition, including the ability, in certain circumstances, to appeal an adjudication before a disposition has been entered. This blog explains that context.

What law applies when a juvenile is suspected of impaired driving? If the juvenile is 16- or 17-years-old, the criminal law applies in the same way that it applies to […]

One of the unique features of the juvenile justice system is its statutory focus on identifying the needs of juveniles and resolving matters to provide “appropriate rehabilitative services to juveniles.” […]

Is it legally permissible to adjudicate a juvenile delinquent based on that juvenile’s violation of an order for protective supervision in an undisciplined matter? The North Carolina Court of Appeals says yes. The court upheld the practice of adjudicating a juvenile delinquent following an admission to indirect contempt related to violation of an order issued in an undisciplined case in In re B.W.C., 2022-NCCOA-590 (September 6, 2022). This post details the court’s holding and explores ramifications of the decision.

What circumstances constitute custodial interrogation in a school setting? Who counts as a guardian or custodian for the purpose of a custodial interrogation of a juvenile? Under what circumstances can […]