While that position has since been filled, reports surfaced yesterday that Crowton will not return to the Terps next season.
The Terps neither confirmed nor denied the report in an email yesterday.
“We do not discuss personnel matters,” a team spokesman said.
Crowton, who just completed his first season with the team, still has two years left on a contract that guarantees more than $500,000 per year.
And while he’s publically maintained his commitment to the program in the days following The Post’s report, Crowton did say “at some point I want to be a head coach again” through a team spokesman.
Chapter 15 continued dec. 8
Waiver procedures
- Less than 1% of juvenile cases are transferred to adult courts
- Due process – juveniles must receive sufficient notice, counsel and a written statement of reason for the transfer to adult court
- Concurrent jurisdiction – the prosecutor has the discretion to file the charge in either juvenile or criminal court
- Judicial waiver – judge decides if the case is to be transferred
- Statutory exclusion – certain offenses are automatically referred to adult court
Opponents to Waiver Process
- Interferes with traditional mission of treatment and rehabilitation
- Long-term stigmatization as a criminal
- Higher recidivism rate
Proponents of waiver process
- Helps get violent offenders off the streets
- Reserved for the most serious offenders
- Offender has option of jury trial
Arraignment hearing
- Juvenile is advised of rights, including court appointed representation and plea bargaining
- First stage to determine if child is “involved” or “not involved”
o Don’t use terms like guilty and not guilty with juveniles
- Typically involves plea bargaining
- If case continues, child may be released or detained pending the next stage
Adjudicatory hearing
- Comparable to adult trial
- Standard of proof is “beyond a reasonable doubt.”
- Bifurcated process (separate from disposition hearing)
Judicial options
- The case is dismissed due to insufficient or faulty evidence
- A finding that the child is not involved and the charge is not sustained
- A finding that the child is involved and the charge is sustained
Disposition hearing
- The predisposition report:
o Helps judge with disposition
o Aids probation office in developing treatment programs
o Helps develop a body of knowledge about the child for other agencies
Juvenile sentencing options
- Indeterminate sentence
o Does not specify the length of time the juvenile must be held
o Released at discretion of correctional authorities; or,
o Juvenile reaches “legal majority”
- Determinate sentence
o Specifies a fixed term of detention that must be served
- Mandatory minimum sentence
o Defined by a statutory requirement that states the penalty to be set for all cases of a specific offense
- Blended sentences
o Allows the imposition of juvenile and adult sanctions in either juvenile or adult courts
o Sentences may be imposed simultaneously, with the adult sentence suspended until successful completion of the juvenile sentence
US Supreme Court and Juvenile Sentencing Decisions
- Thompson v Oklahoma (1988) “barred execution of offenders under the age of 16”
- Atkins v Virginia (2003) “execution of the mentally handicapped considered cruel and unusual punishment”
- Roper v simmons (2005) “cruel and unusual punishment to execute anyone under the age of 18”
Christopher Simmons
- Group of teenagers sitting around, decide to kidnap lady across the street
- Broke into the house. Woman was wife with 2 kids. Grabbed her, tied her up with duct tape and rope, put her in the backseat of a far, took her out of a car and threw her in a river in the backwoods
- Simmonds caught after bragging about it, sentenced to life in prison. Ruling made 72 juvenile death row inmates no longer on death row.
Graham v. Florida (2010) “life sentence unconstitutional for those juveniles who are serving a life sentence but did not murder their victim.”
Confidentiality in juvenile proceedings
- Most states still restrict access to juvenile proceedings
- Exceptions for serious felonies
- Access to records is usually restricted to law enforcement, parents, counsel, schools and the military
Child in Need of Assistance (CINA) hearing
Definition: CINA cases are filed when a child is in need of services or the supervision of a professional due to problems that are beyond the ability of the family to solve
- Child is referred to the department of human services
- Child may be removed from home
- Bifurcated hearing process
- Review hearing (90-180 days)
- Termination of parental rights (TPR)
What is the future of the juvenile justice system?