Minors
.and the Law
MinorsMajor/Majority18 and Older
Minor/Minority17 and Younger
Three Areas the Law Treats Minors Differently
MinorsParens Patriae - Court acts as a parent or guardianHearings can be closed to the public Hearings informalChildren kept separate from adult offenders
MinorsHearings no longer closed to the public
Two Classifications of Juveniles
Delinquent - a child that has committed an act this is a crime for an adult
MinorsStatus Offender - Habitually unruly or beyond the control of their legal guardians Examples:runaway 170,000 each year, most return home of their own accord underage drinkingtruant
CHINS (CINC) Children in need of supervision kids involved in status or delinquent acts filed by state
MINS Minor in need of supervision abuse or neglect
PINS Person in need of supervision filed by parent
Minors tried as AdultsRecord and previous history with the courts
Little likelihood of reasonable rehabilitation
Minors tried as AdultsOffenses committed in a willful, violent, and aggressive mannerMinor is a threat to societys welfareOffenses are punishable as felonies
Rights extended by Gault case Child and parents must have timely notice of charges and time to prepare for the hearing.
Child and parents must be notified or rights to retain counsel and if cant afford it, must be appointed a counsel
Rights extended by Gault case Minor has the right to confrontation with adversaries and the right to cross examine adversaries
Court has the duty to advise the minor of the right to remain silent
Procedures in Juvenile Court Intake informal process officials or social workers decide if complaint should be referred to juvenile court.Adult equivalent of an arrest
Procedures in Juvenile Court Initial hearing state must prove 1. an offense was committed and 2. reason to believe the juvenile committed it
Adult equivalent of an arraignment
Procedures in Juvenile Court Adjudicatory Hearing - closed to the public and the names of the accused are withheld from the press. Adult equivalent of a trialMay have attorneysOffer evidence Cross Examine WitnessesFound DELINQUENT or NONDELINQUENT
Procedures in Juvenile Court Dispositional hearing provide individualized treatment to rehabilitate the juvenile offender. Adult equivalent sentencing hearing
Possible outcomes: placement in a group home community treatment program commitment to a state institution for juveniles probation with conditions. Attend school regularly, hold a steady job, attend treatment center, weekly drug tests, home by 8:00 pm, not associating with certain people. Serious offenders can be held until the age of 21 in Kansas
TORTS
TortsMinors held liable for intentional torts (through parents)Parents generally not liable for unintentional tortsK.S.A. 38-120 limit $5000
Minors and Contracts
What are the necessaries?FoodClothingShelterMedical CareEducation
Minor must disaffirm by statement and/or by an act that they do not intent to live up to the contract
MUST RETURN PROPERTY
Can not disaffirm if:
Can not disaffirm if:
A minor who misrepresents their age cannot disaffirm a contractA minor who is in an adult business, operating a business as an adult will not be allowed to disaffirm a contract.
Emancipated Minor
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