nj juvenile stats

both include stats for gender, length of detention, race, gender by race, etc. in detention centers, per county:
http://www.nj.gov/oag/jjc/2006-AnnualDetentionStatisticsReport.pdf
http://www.nj.gov/oag/jjc/pdf/jdai_2006_annual_report.pdf

concise time line of juvenile justice system:
http://www.njjda.org/timeline.htm

links to other states' juvenile justice sites:
http://www.njjda.org/links.htm

http://www.njleg.state.nj.us/9899/Bills/a3500/3182_i1.pdf

New Jersey Juvenile Justice Commission

Below is a link to the New Jersey Juvenile Justice Commission. This Commission was created within the Office of the Attorney General (our client), and has the task of addressing and evaluating NJ laws and regulations regarding everything that has to do with Juvenile adjudication and detainment. Also, I have posted several reports relevant to the issue of Juvenile waiver that the Commission has addressed

New Jersey Juvenile Justice Commission

Detention

Transfer

Some Helpful Links to Information on Juvenile Waivers

Hello all, I have done a little digging and come up with a list of some links to suites which address the issues of Juvenile Waivers in general as well as specifically pertaining to New Jersey. I hope this information can serve as a foundation of information that will help everyone in their research for our next meeting. Even if you dont read every item in its entirety, I do think looking over them will help. I will post more as I have time.

NJ Juvenile Waiver Evaluation

Juvenile Waiver Definitions

Waiver and Punitive Justice

NJ Waiver Legislation

useful articles

nj system on the right track?:
http://www.nj.com/news/index.ssf/2008/04/montclair_high_student_to_be_t.html

current case:
http://www.courierpostonline.com/apps/pbcs.dll/article?AID=/20080616/...

closing of juvenile detention center (waiver implications?):
http://www.nj.com/expresstimes/stories/index.ssf?/base/news-8/121393476150780.xml&coll=2

question of mental maturity (should he have been waived?):
http://blog.pennlive.com/lvbreakingnews/2008/05/thrower_of_ice_chunk_that_kill.html

Update (I'm a little exicited!!!---Can you all tell?)

Hi you guys! I'm finally here and ready to work! We are still waiting for Natalia to post our individual partner research topic for the weekend right? This way each partnership has some new info to present to the mass group on our meeting Tuesday afternoon.

(From Will) NY Times article

Here is a New York Times article that may be relevant to our discussion of waivers.

http://www.nytimes.com/2008/06/26/washington/26scotus.html

William

Minutes for 6/25 meeting

Group Meeting
6/25- 6:00-7:30 pm
Graduate Lounge

Action Steps for Next Week:
Ø LaShunda: post link to NJ state legislator website on blog, post info/reports regarding general issues on blog (ASAP)
Ø Natalia: research and post at least 6 major/most relevant issues regarding NJ waivers and assign to research pairs (ASAP)
Ø Jessica: prepare agenda for next meeting (by Tuesday, July 1st)
Ø In pairs, research assigned topic and post findings on blog (before Tuesday, July 1st ). Come prepared to share findings on Tuesday, July 1st, 4:00-5:00pm.

Outcomes of Discussion:
1. Discussion of the NJ Statute
o 14 or older can be waived
o Prosecutor and judge can motion, judge has final say
o 14 or under can elect to tranfer courts (eg: if he/she feels trial is unfair because afforded more rights in criminal court)
o Waiver is not automatic
o Exception to statute if juvenile demonstrates possibility of “rehabilitation” (vague)

2. Possible Issues
o Prosecutor’s role in motioning for waiver
o Types of crimes that can make juvenile eligible for waiver
o Programs and services
o Redefining terms

3. What crimes should NOT be waived?
o Drugs
o Gang criminality
o Consensual sex
o Marijuana
o Unarmed theft
o Any 1st time offense other than rape or murder
o Any 2nd or 3rd time offense except rape or murder
o Use of drugs
o Gang affiliation
o 1st time for theft and/or drugs

Have a great week! Best of luck!
-Jess

New Jersey Transfer Provisions

LaShunda located the following below. It's via "Transfer Provisions" from the NCJJ.

New Jersey Transfer Provisions as amended through the 2006 legislative sessions

Lower Age: None specified Upper Age: 17

Discretionary Waiver On motion of the prosecutor, the juvenile court may waive jurisdiction over a child of at least 14 who meets statutory offense/record criteria, if it finds (1) that there is probable cause to believe the child committed the alleged offense and (2) that the State has proven "that the nature and circumstances of the charge or the prior record of the juvenile are sufficiently serious that the interests of the public require waiver." Even where the State has made such a showing, however, if the child "can show that the probability of his rehabilitation by the use of the procedures, services and facilities available to the court prior to...reaching the age of 19 substantially outweighs the reasons for waiver, waiver shall not be granted." Whether the court grants or denies the motion, it must state its reasons in writing. If the motion is granted, the order referring the case for adult prosecution covers not only the main offense but all other offenses arising out of or related to the same transaction. Offense Category Minimum Age Offense Detail Any criminal 14 Any crime committed by a person previously adjudicated delinquent for/convicted of any of a number of listed offenses (criminal homicide other than death by auto, strict liability for a drug-induced death, first degree robbery, aggravated sexual assault, sexual assault, second degree aggravated assault, kidnapping, or aggravated arson); any crime commited by a person previously confined in an adult penal institution; any crime that is part of a continuing criminal activity in concert with at least two others where circumstances indicate that the offender "knowingly devoted himself to criminal activity as a source of livelihood." Murder 14 Death by auto if the child was driving under the influence, or any attempt or conspiracy to commit this crime. Person 14 Any offense against the person committed in an aggressive, violent, and willful manner, or any attempt or conspiracy to commit any such offense. Property 14 Arson; any attempt or conspiracy to commit arson; auto theft. Drug 14 Manufacturing or distributing controlled substances, and various related offenses, or any attempt or conspiracy to commit these crimes. Weapon 14 Unlawful possession of a firearm, destructive device, or other prohibited weapon, or any attempt or conspiracy to possess such a weapon.

Presumptive Waiver In a waiver hearing involving a child meeting age/offense criteria for presumptive waiver, the State need not make a showing that the public interest requires a waiver; the court need only find probable cause in order to waive jurisdiction. However, even in such a case, if the child "can show that the probability of his rehabilitation by the use of the procedures, services and facilities available to the court prior to...reaching the age of 19 substantially outweighs the reasons for waiver, waiver shall not be granted." Offense Category Minimum Age Offense Detail Certain felonies 14 The crime of escape if committed with a firearm, and any attempt or conspiracy to commit this crime. Murder 14 Criminal homicide other than death by auto, strict liability for a drug-induced death, or any attempt or conspiracy to commit these crimes. Person 14 First degree robbery, carjacking, aggravated sexual assault, sexual assault, second degree aggravated assault, kidnapping, aggravated assault committed with a firearm, aggravated criminal sexual contact committed with a firearm, or any attempt or conspiracy to commit these crimes. Property 14 Aggravated arson, burglary committed with a firearm, or any attempt or conspiracy to commit those crimes. Drug 14 Distribution of controlled substances for pecuniary gain while on or near school property or on a school bus, or any attempt or conspiracy to commit this offense. Weapon 14 Possession of a firearm with a purpose to use it unlawfully against the person of another, or any attempt or conspiracy to do so.

Mandatory Waiver In a waiver hearing involving a child of at least 16 who is accused of various enumerated offenses, the State need not make a showing that the public interest requires a waiver, and the child is not entitled to raise the issue of "the probability of his rehabilitation by the use of the procedures, services and facilities available to the court prior to...reaching the age of 19." Rather, "the court shall, without the consent of the juvenile, waive jurisdiction" if it finds probable cause. Offense Category Minimum Age Offense Detail Certain felonies 16 The crime of escape if committed with a firearm. Murder 16 Criminal homicide other than death by auto, strict liability for a drug-induced death. Person 16 First degree robbery, carjacking, aggravated sexual assault, sexual assault, second degree aggravated assault, kidnapping, aggravated assault committed with a firearm, aggravated criminal sexual contact committed with a firearm. Property 16 Aggravated arson, burglary committed with a firearm. Drug 16 Distribution of controlled substances for pecuniary gain while on or near school property or on a school bus. Weapon 16 Possession of a firearm with a purpose to use it unlawfully against the person of another.

© 2000 (original copyright); © 2007 (most recent copyright) National Center for Juvenile Justice Citation: Griffin, Patrick. 2007. "Transfer Provisions." State Juvenile Justice Profiles. Pittsburgh, PA: National Center for Juvenile Justice. Online. Available: http://www.ncjj.org/stateprofiles/.

Agenda

Hi folks...please request agenda items in the comments for this Wed's meeting (june 26) at 6pm in the grad lounge at Robbie.

Just use the comment button below this (not new post) =)