Articles in the Juvenile Justice category - Page 4 of 12

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 […]

How does a case proceed when a juvenile is charged with a homicide offense? In classic lawyer fashion, the answer is that it depends. In almost all instances, the case will begin as a juvenile matter. However, the path the case follows once the juvenile case begins, and whether the case is ultimately adjudicated as a juvenile matter or prosecuted as a criminal matter, depends on the age of the juvenile at the time of the offense and the specific offense charged.

The legal requirement for sight and sound separation between juveniles and adult inmates states that “juveniles alleged to be or found to be delinquent or juveniles within the purview of paragraph (11) will not be detained or confined in any institution in which they have sight or sound contact with adult inmates.” 34 U.S.C.A. §11133(a)(12)(A). It may be somewhat intuitive to understand how this requirement applies in settings where adults are detained for long periods of time—such as jails and lockups. The application of this requirement in court holding facilities may be less intuitive. This post explains how sight and sound separation applies in the context of the courthouse.