Read “ Rule 49. Confidentiality of Juvenile Records” and explain the implications as they pertain to juveniles in state custody.
2) Read “Rule 50. Sealing Juvenile Records’ respond by explaining what is done, why are they sealed, when are they sealed,, how are they protected?
When this completed, read other peers in YOUR GROUP and comment on the strengths andweakness of their responses arguments.
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ReplyDeleteConfidentiality defined as the state of being secret.
ReplyDeleteSealed is defined as established irrevocably.
Normally juvenile records are sealed upon reaching adult hood (18). This is done to prevent the mistakes of our youth from coming back to bite us as adults. However in some cases the crime that was committed is too severe to be erased from record. In these cases the record will follow you throughout your life. Once the documents are sealed by the state they cannot be legally reopened for any reason. Thus providing confidentiality.
My paragraph 4/30/10]
ReplyDeleteThey are limited because when they 18 there charges as a minor get dropped. Now if they have one when they are 17 they may be charged as an adult and be in trouble with bigger charges.
Rule 49 It means like when a minors case gets sealed the law can still look at it but they can’t use it against you or a job can’t use it against you because it is sealed.
Rule 50 when you seal a case that means nobody can hold it against you and it get erased when you are 18 because they are juvenile charges not adult charges.
Confidentiality-The nondisclosure of certain information except to another authorized person.
Sealed- closed or secured with or as if with a seal.
confidentiality :the state of being secret.
ReplyDeletesealed:established irrevocably
Juvenile proceeding transferred to criminal jurisdiction are open to the public.To seal juvenile records they need to be returned to the circut court. Confidentiality of Juvenile Records disclosure of records is not pirmitted. the records of these proceedings are not open for public.
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ReplyDeleteSealed means established irrevocably.
ReplyDeleteConfidentiality means the state of being secret.
1.)Everything that I know about confidentiality is that everything that I a juvenile say's is to be kept a secret unless it is about he or she running away, hurting themselves, and or hurting someone else.
2.) Juvenile records are sealed for a reason, so the juvenile can start over with a fresh start that is why they are sealed. Also, they are sealed one year after the juvenile turns 18. Although, they are protected by the Clerk staff. That is all I got on the social issue. Also, but if a person has a felony it will stay with them for the rest of their lives and will not vanish.
Sincerley, Jonathan C.
Confidentiality is when someone is confident in what they do or what they are doing. Sealed in this case is when a case in court is sealed off and complete such as the state of being held secret.
ReplyDeleteRule #49-Confidentiality of Juvenile records: is when the record of the juvenile will be held secret and will not be publically inspected.
Rule #50-Sealing juvenile records: When a juvenile record is sealed it means that their record will not follow them for the rest of their lives and will e held until they are legally adults which at that is at the age of 18.
In some cases juvenile records affect them as an adult because if the charde is bad enough then it could stick with them for the rest of their lives. Most of the time when you go to apply for a job and you have a criminal record it can cause you to have problems getting jobs because most employers don’t want someone with a criminal record.
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ReplyDeleteConfidentiality: the state of being secret.
ReplyDeleteSealed: established irrevocably
In most jurisdictions in the United States of America, juvenile court proceedings and records are closed to the public. The reasons for this relate to the historical traditions of the juvenile court in our Country, which first began in Chicago, Illinois in 1899. The concept of having a separate court for juvenile criminal offenders quickly spread in the 20th century throughout the United States. Juvenile courts were designed to provide a more therapeutic approach to juvenile offenders, focusing on what is in the best interests of the child rather than on the interest of protecting the public. Rehabilitation, rather than punishment, was, and in most jurisdictions in our Country remains, the primary focus of the juvenile justice system.
Because the juvenile justice system in the United States adopted a less punitive and more therapeutic attitude than our adult criminal justice system, the notion of the need to maintain privacy of juvenile court proceedings evolved. Criminal justice professionals viewed public access as having a negative impact on the efforts to rehabilitate the youthful offender. Some thought it was unfair to publicly brand a juvenile as a criminal because that stigma would serve as an impediment to the youth’s rehabilitation. This notion of the need to maintain privacy of juvenile court proceedings and confidentiality of juvenile court records became the law in most jurisdictions and the practice in all.
Today, however, there is a growing view that juvenile court proceedings should focus more on punishment and protection of the public than on rehabilitation and what is in the child’s best interest, especially in the case of serious, violent and habitual juvenile offenders. The public should have a right to know who serious, violent and habitual juvenile offenders are within their community, for their own safety. Consequently, many states in our Country are currently adopting legislation or modifying court rules to provide for more open juvenile court proceedings to the public in these cases. In Minnesota, our state legislature recently changed our system to open juvenile court proceedings to the public for any youth who is sixteen years of age or older and who commits a crime which would be classified as a felony offense if committed by an adult. In Minnesota, you are considered a juvenile offender if you are under the age of eighteen at the time the offense occurs.
Sourcee:
http://www.co.dakota.mn.us/NR/rdonlyres/00000973/ndsfclplxtfezocfkejnfykcoktptzem/JuvenileRecordsConfidentialityIssues.pdf
Confidentiality is the state of being secret or trying to be secret at the least. Sealed is closed or secured with or as if with a seal. Juvenile proceedings conducted under Chapter 49 of the West Virginia Code are not public proceedings. Additionally, the records of these proceedings are not open for public inspection. Disclosure of juvenile records is not permitted, unless specifically authorized pursuant to West Virginia Code §§ 49-5-17(b) or 49-7-1. Provided, however, in the interest of assuring that any determination made in proceedings before a family court arising under West Virginia Code, Chapter 48, or West Virginia Code § 44-10-3, does not contravene any determination made by a circuit court in a prior or pending juvenile proceeding, family courts and staff shall have access to all circuit court orders and case indexes in this State in all juvenile proceedings. One year after the juveniles 18th Birthday they have to get rid of their record if it is a status offence. I feel that if you were in placement or locked up as an underage human than you should be able to have your record clean after you turn 18 for good. If a person violates the confidentiality rule then Any person who willfully violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars, or confined in the county or regional jail for not more than six months, or both fined and confined and shall be liable for damages in the amount of three hundred dollars or actual damages, whichever is greater.
ReplyDelete-Ivalee K.
Confidentiality is when someone is confident in what they do or what they are doing. Sealed in this case is when a case in court is sealed off and complete such as the state of being held secret
ReplyDelete-SarahM
Juvenile proceedings conducted under Chapter 49 of the West Virginia Code are not
public proceedings. Additionally, the records of these proceedings are not open for
public inspection. Disclosure of juvenile records is not permitted, unless specifically
authorized pursuant to West Virginia Code §§ 49-5-17(b) or 49-7-1. Provided, however,
in the interest of assuring that any determination made in proceedings before a family
court arising under West Virginia Code, Chapter 48, or West Virginia Code § 44-10-3,
does not contravene any determination made by a circuit court in a prior or pending
juvenile proceeding, family courts and staff shall have access to all circuit court orders
and case indexes in this State in all juvenile procee
Cite Source:http://www.wvmetronews.com/content/File/Juvenile_Procedure_Rules.pdf
rule 50
(a) Generally. The records of juveniles charged with a delinquency or status offense
should not follow the juvenile for the rest of his or her life. These records are sealed by
the court to protect the rights of the juvenile when they reach adulthood. The records of
juvenile proceedings conducted under Chapter 49 of the West Virginia Code should be
sealed:
(1) one year after the juvenile's 18th birthday, or(2) one year after personal or juvenile jurisdiction of the court is terminated,
whichever is later.
(b) Records of Proceedings Transferred to Criminal Jurisdiction. The records of a
juvenile proceeding transferred to criminal jurisdiction are open to the public. Provided,
these records should be sealed under the following circumstances:
(1) the juvenile is acquitted;
(2) the juvenile is found guilty of an offense other than offense upon which the
waiver or order of transfer was granted; or
(3) the offense upon which the waiver or order of transfer was granted is
subsequently dismissed.
(c) Effect. When the record of a juvenile proceeding is sealed by the court it has the
legal effect of extinguishing the offense as if it never occurred. Once the record of a
juvenile is sealed, it may only be opened by order of the circuit court.
(d) Sealing Process. To seal juvenile records, they should be returned to(c) Effect. When the record of a juvenile proceeding is sealed by the court it has the
legal effect of extinguishing the offense as if it never occurred. Once the record of a
juvenile is sealed, it may only be opened by order of the circuit court.
(d) Sealing Process. To seal juvenile records, they should be returned to the circuit
clerk to be kept in a confidential and sealed file, marked as sealed and stored in a
secure location accessible only by clerk staff.
Confidentiality – The state of being secret.
ReplyDeleteSealed - established irrevocably.
One year after the juvenile's 18th birthday, or one year after personal or juvenile jurisdiction of the court is terminated, whichever is later. The juvenile is acquitted the juvenile is found guilty of an offense other than offense upon which the waiver or order of transfer was granted, or the offense upon which the waiver or order of transfer was granted is subsequently dismissed.
To seal juvenile records, they should be returned to the circuit clerk to be kept in a confidential and sealed file, marked as sealed and stored in a secure location accessible only by clerk staff.
Chasity M.
Confidentiality- the state of being secret.
ReplyDeleteSealed- established irrevocably;
1.)Rule 49 basically says that while I am in states custody only staff and court people can see my records and court orders.
2.) My records will be sealed a year after my 18th birthday to I guess hide all my juvenile charges and offences. To seal juvenile records, they should be returned to the circuit
clerk to be kept in a confidential and sealed file, marked as sealed and stored in a secure location accessible only by clerk staff.
http://www.wvmetronews.com/content/File/Juvenile_Procedure_Rules.pdf
Confidentiality - the state of being a secret. Sealed - established irrevocably.
ReplyDeleteJuvenile recorders are normally closed to the public until they are 18 years. However, your records from when you are a teen are to be closed when you turn 18 and for some it is 21. Sometimes only certain juvenile records can be disclosed.
In rule 50 the records of juveniles charged with a delinquency or status offense
should not follow the juvenile for the rest of his or her life. These records are sealed by
the court to protect the rights of the juvenile when they reach adulthood The records are closed one year after the juvenile's 18th birthday, or one year after personal or juvenile jurisdiction of the court is terminated, whichever is later. To seal juvenile records, they should be returned to the circuit clerk to be kept in a confidential and sealed file, marked as sealed and stored in secure location accessible only by clerk staff.
Jess <3
“Paragraph for Juveniles”
ReplyDeleteBy: Cole D.
How are Juveniles problems limited to their adulthood? Some of the problems that juveniles are limited to are because when you reach a certain age you won’t be served in the justice system as a juvenile you will be tried as an adult. Also, you won’t have the same privileges as you did when you were considered a juvenile.
How Rule 49 pertains to juveniles in state custody? This rule tells that juveniles’ cases are closed and confidential only to be read or reviewed by family or court officials. Also, it tells how juveniles have the right to view their situation with their family and or court officials.
How Rule 50 is sealed, why are they sealed, when are they sealed,, how are they protected? This rule is sealed after the juveniles 18th birthday and is protected under the governments and justice systems federal seal and cannot be broke once sealed under oath or by an official of the higher system. Also, it allows the juvenile to start off on a clean slate and start over again. Also they are sealed so the charges as a juvenile won't count or be held against you once your an adult.
Confidentiality- means ensuring that information is accessible only to those authorized to have access.
Sealed- means a mark or symbol attached to a legal document and imparting a formal character to it, originally wax with an impression.
i think the laws on confidentiality are good but for audlts should be the same and the rules are no one can give out your full name or personal information or why you are were you are exsecept for authorize people.
ReplyDeleteMy paragraph 4/30/10]
ReplyDeleteThey are limited because when they 18 there charges as a minor get dropped.Also They cannot bring up your minor charges A year after you turn 18. Now if they have one when they are 17 they may be charged as an adult and be in trouble with bigger charges, but most of the time it has to be a really serious charge to do that.
Rule 49 It means like when a minors case gets sealed the law can still look at it ,but they can’t use it against you or a job can’t use it against you because it is sealed. It depends what the chare is for when it gets sealed like a bomb threat charge would most likley be 6 months after your 21st birthday now if it was less then that charge a year after yu turned 18.
Rule 50 when you seal a case that means nobody can hold it against you and It gets closed to be not seen brought up in court again. So if you get it sealed you will never have it used against you again when you become and adult.
Confidentiality-The nondisclosure of certain information except to another authorized person.
Sealed- closed or secured with or as if with a seal.
Rule 49
ReplyDeleteRecords of a juvenile proceeding conducted under this chapter are not public records and shall not be disclosed to anyone unless disclosure is otherwise authorized by this section.notwithstanding the provisions of subsection of this section, a copy of a juvenile's records shall automatically be disclosed to certain school officials, subject to the following terms and conditions: Only the records of certain juveniles shall be disclosed. These include, and are limited to, cases in which:The juvenile has been charged with an offense which:
Involves violence against another person.
Rule 50
One year after the juvenile's eighteenth birthday, or one year after personal or juvenile jurisdiction has terminated, whichever is later, the records of a juvenile proceeding conducted under this chapter, including, but not limited to, law-enforcement files and records, shall be sealed by operation of law.The records of a juvenile proceeding in which a juvenile was transferred to criminal jurisdiction pursuant to the provisions of section ten of this article shall be sealed by operation of law if the juvenile is subsequently acquitted or found guilty only of an offense other than an offense upon which the waiver or order of transfer was based, or if the offense upon which the waiver or order of transfer was based is subsequently dismissed.
• define:confidentiality-the state of being secret; "you must respect the confidentiality of your client's communications"
• define:sealed- established irrevocably; "his fate is sealed.
Ways that the justice systems works!!!! 4/29/10
ReplyDeleteI think That when a kid turns 17 and does a crime they should be charged as an Adult. a) Upon written motion of the prosecuting attorney filed at least eight days prior to the adjudicatory hearing and with reasonable notice to the juvenile, his or her counsel, and his or her parents, guardians or custodians, the court shall conduct a hearing to determine if juvenile jurisdiction should or must be waived and the proceeding transferred to the criminal jurisdiction of the court. Any motion filed in accordance with this section is to state, with particularity, the grounds for the requested transfer, including the grounds relied upon the set of this section, and the burden is upon the state to establish the grounds by clear and convincing evidence. Any hearing held under the provisions of this section is to be held within seven days of the filing of the motion for transfer unless it is continued for good cause. Just saying whe they turn 18 they get transferred to an adult crimmal justice.probable cause- The most well-known definition of probable cause is "a reasonable belief that a person has committed a crime".
adult- Meaning of Adult: Having arrived at maturity, or to full size and strength; matured; as, an adult person or plant; an adult ape; an adult age.
confidentiality :the state of being secret. sealed: established irrevocably Their problems are one year after the juvenile's 18 birthday or one year after personal or juvenile jurisdiction of the court is terminated
ReplyDeletewhichever is later. The records of a
juvenile proceeding transferred to criminal jurisdiction are open to the public.To seal juvinal records they need to be returned to the circut court. Confidentiality of Juvenile Records disclosure of records is not pirmitted. the records of these proceedings are not open for public I would like for my driving recored to be confidentional so nobody else can view them
Confidentiality: the state of being secret
ReplyDeleteSealed: established irrevocably
Probable Cause: evidence sufficient to warrant an arrest or search and seizure
Adult: a fully developed person from maturity onward
Rule 20, the transfer from a juvenile court to an adult court, states that in order for a juvenile to be tried as an adult they must be between 14 and 17 years old, and will have had to commit one or more of these 7 crimes: murder, sexually assault, armed robbery, assault with a deadly weapon, treason, arson, kidnapping, and the manufacturing and distribution of narcotics. I would only consider this for especially violent crimes or for repeat offenders.
Rule 49, the confidentially of juvenile records, states that all juvenile proceedings are not open to the public. Your records are sealed from public view and media coverage is not permitted. Furthermore rule 50, states that juvenile records are erased one year after a person turns 18. This is done to allow a fresh start for young adult who have made mistakes in their youth. The records are sealed and can only be reopened by court order. They are kept at the at the circuit court in a manner that prevents anyone from discover the name of the offender.
I think that if over 18 your records should be erased no matter what.Ok if i was a rapest then i would want all that going because what If i wanted to get a job with kids i would want that erased.
ReplyDeleteConfidentiality-ensuring that information is accessible only to those authorized to have access and is protected throughout its lifecycle.
ReplyDeleteSealed- closed or secured.
How are juvenile’s problems limited to the effect on them as adults?
Juveniles are generally treated differently in the criminal justice system, but sometimes they are treated as adults. ... Researchers found there is a substantial cause and effect relationship between ... more risks than do boys for problem behaviors that may lead them to serious trouble, according to new research. ...
Sealing juvenile records
1. One year after the juvenile's eighteenth birthday, or one year after personal or juvenile jurisdiction has terminated, whichever is later, the records of a juvenile proceeding conducted under this chapter, including, but not limited to, law-enforcement files and records, shall be sealed by operation of law.
2. The records of a juvenile proceeding in which a juvenile was transferred to criminal jurisdiction pursuant to the provisions of section ten of this article shall be sealed by operation of law if the juvenile is subsequently acquitted or found guilty only of an offense other than an offense upon which the waiver or order of transfer was based, or if the offense upon which the waiver or order of transfer was based is subsequently dismissed.
3. To seal juvenile records, they shall be returned to the circuit court in which the case was pending and be kept in a separate confidential file. The records shall be physically marked to show that they have been sealed and shall be securely sealed and filed in such a manner that no one can determine the identity of the juvenile.
4. Sealing of juvenile records has the legal effect of extinguishing the offense as if it never occurred.
5. Sealed records may not be opened except upon order of the circuit court.
6. Sealing of juvenile records has the legal effect of extinguishing the offense as if it never occurred.
Sources http://www.clcm.org/sealing_records.htm
: http://www.sdcourt.ca.gov/portal/page?_pageid=55,1609788&_dad=portal&_schema=PORTAL
Confidentuality is the state of being secret.
ReplyDeleteSealed- established irrovicably
Sealing your juvenile records means that the records
held by the police department, the court, the district
attorney, and the probation department will be closed
and sealed off.
The records cannot be opened again without your
permission.
Sealed court proceedings will be treated as though they
never took place.
If someone asks about a sealed record, the law requires
the answer, “We have no records of that matter.
It is important to seal your records as soon as possible
because it can hurt your ability to find a job or get a
driver’s license.
It can also create serious problems for non-citizens and
repeat offenders.
Once you have your records sealed, you can legally say
that you were not convicted nor arrested for the matter
that gets sealed.
Who can petitionto have their juvenile records sealed?
Any person who has a juvenile record and is at least 18
years old AND/OR five or more years have passed since
the termination of juvenile probation, last arrest, or
closure of case.
The county probation officer may also petition to have
a minor’s juvenile records sealed, if five or more years
have passed since the minor was cited to appear before a
probation officer or any other law enforcement agent.
By:Ciara hodgson