Juvenile Court: Law Violations

The purpose of the juvenile court system, as it relates to juveniles charged with law violations (what would otherwise be charged as criminal offenses if charged in adult court) is to be rehabilitative and not punitive. This structure is intended to benefit the juveniles accused by responding to the juvenile and their needs rather than focusing on the act of offense committed. Additionally, disposition is designed with the juvenile offender in mind rather than following determinate sentencing guidelines like criminal court. Given this structural difference, the rights of juveniles going through the juvenile court will differ slightly than the rights of an adult in criminal court.

The State is still required to prove beyond a reasonable doubt that the juvenile committed an offense to warrant adjudication. During this process the juvenile is entitled to the following rights:

(1) notice provided to juvenile of the charges against them;
(2) notice provided to the parents of the juveniles of the charges against the juvenile;
(3) assistance of counsel;
(4) right to confront witnesses and cross-examine witnesses; and
(5) right to remain silent.

The biggest difference between a juvenile court adjudication and a criminal trial is that juveniles are not entitled to a jury trial. The main argument behind that is that the Constitution only requires jury trials in specific criminal cases. Since juvenile court is outside that scope, there is no Constitutional guarantee. In ruling on this issue, the court in McKeiver v. Pennsylvania expressed concern that if the right to a jury trial was injected into the juvenile court system as a matter of right, it would bring the unnecessary delay and give way to an adversarial proceeding which is not the goal of juvenile court.  

By: Abby Kuntz

Problem Solving Courts

Do you feel like the criminal justice system is not helping you with your underlining issue? Do you suffer from substance abuse? Mental Health? Did your children get removed because of Domestic Violence

Nebraska courts believe it or not want to help you get the help you need. It is not always about punishments. The Nebraska Supreme Court set up a committee of members from the courts, probation, law enforcement, and the legal community called the Nebraska Supreme Court Committee on Problem-Solving Courts. Their purpose statement is: “The purpose of the committee will be to evaluate the feasibility of implementing ‘drug courts’ or other similar ‘community courts’ in Nebraska. The committee will advise the Supreme Court as to whether such courts would have a positive effect on the administration of justice in the State and, if so, to provide the Court with recommendations as to the structure and integration of such courts into our judicial system.”

The problem courts that we have in Lancaster County are: Adult Drug Court, Family Dependency Court (aka Separate Juvenile Court), Juvenile Drug Court, and Veterans Treatment Court. Each Court works on different things that are unique to those individuals that are part of the system. The Court is a team setting. Everyone involved just wants to help you succeed from the judge, to the prosecutor, and your defense counsel. You will have a team of other people from a coordinator, community supervision officer, law enforcement, and treatment providers all working to the same goal as you. If that is to not go to jail or not having your kids taken away. (To learn more: https://supremecourt.nebraska.gov/courts/problem-solving-courts and https://nebraskalegislature.gov/pdf/reports/research/snapshot_courts_2019.pdf)

The Juvenile Court in Lancaster county deals with issues from truancy or law violations of a minor all the way up to abuse and neglect of a minor. In Juvenile Court you can take a “track” that specializes in Domestic Violence if that is an issue that is going on within your family. Juvenile Court consists of hearings and team meetings (this is where you meet with your attorney, the department, Guardian Ad Litem, etc. to get the support you need on whatever issues you may be having).

Adult Drug Courts Mission: “to increase public safety by providing a program that facilitates access to treatment, implements intensive case management, decreases substance abuse, and returns law abiding, productive, and responsible citizens to their families and the community.” (To learn more: https://www.lancaster.ne.gov/193/Adult-Drug-Court)

Veterans Treatment Courts Mission: “to honor the service of justice-involved veterans by providing a rehabilitative program that combines intensive judicial supervision and treatment services to address veteran’s service-related experiences and enhances public safety by returning law-abiding and productive citizens to the community.” (To learn more: https://www.lancaster.ne.gov/961/Veterans-Treatment-Court)

By: Samantha Hogan