Teen Court and Writ of Mandamus

Jbirdy · #1 07-20-2008, 02:02 AM

My question involves criminal law for the state of: NC

I will soon be a teen court attorney. There seems to be a conflict in the general statute. Teen courts juries may only assign "rehabilitative measures or sanctions" if they find the juvenile guilty. However, teen courts must also follow The Department of Juvenile Justice and Delinquency Prevention policy, which does not allow juries to find a juvenile not guilty. A and B therefore seem to be at odds with each other. Do I need a writ of mandamus forcing our teen court or the Department of Juvenile Justice and Delinquency Prevention to accept the decision of a jury if they find a juvenile "not guilty?"

Quote:

§ 143B‑520. Teen court programs.

(a) All teen court programs administered by the Department of Juvenile Justice and Delinquency Prevention shall operate as community resources for the diversion of juveniles pursuant to G.S. 7B‑1706(c). A juvenile diverted to a teen court program shall be tried by a jury of other juveniles, and, if the jury finds the juvenile has committed the delinquent act, the jury may assign the juvenile to a rehabilitative measure or sanction, including counseling, restitution, curfews, and community service.

Teen court programs may also operate as resources to the local school administrative units to handle problems that develop at school but that have not been turned over to the juvenile authorities.

(b) Every teen court program that receives funds from Juvenile Crime Prevention Councils shall comply with rules and reporting requirements of the Department of Juvenile Justice and Delinquency Prevention. (2001‑424, s. 24.8; 2002‑126, s. 16.2(b).)

Mr. Knowitall · #2 07-21-2008, 06:30 AM

From what you write, it appears that the teen's sentence (as such) is to the "teen jury" diversion program, and that all the jury actually does (assuming "conviction") is impose conditions on the teen's probation.

Jbirdy · #3 07-21-2008, 07:44 PM

I really don't see how you interpret it as such.

Quote:

jury of other juveniles, and, if the jury finds the juvenile has committed the delinquent act

So I see it that this jury of junveniles must find the defendent guilty, and then as the power to sentence.

My problem is that if the Department of Juvenile Justice and Delinquency Prevention does not allow [by rule: see section B] a defendent to be found "not guilty" then do I need to seek a writ of mandamus to order the Department of Juvenile Justice and Delinquency Prevention to change their rules, or to my local teen court to follow general statue?

Mr. Knowitall · #4 07-22-2008, 05:39 AM

You're a lawyer? Crack open your law books.

Jbirdy · #5 07-22-2008, 08:10 AM

I'm a teen court lawyer.... meaning I'm a teen! I don't have any law books to crack open save the ones from the library.

I certainly hope no lawyer goes to law help forms to ask what to do! LOL

Mr. Knowitall · #6 07-22-2008, 08:20 AM

How fortunate for your clients, then, that you know more about the law than lawyers.

Jbirdy · #7 07-22-2008, 10:56 AM

Well thank you. I guess if no one has any advice... I'll talk to my coordinator, whose hands are pretty much tied, and if I learn nothing I'll talk to the DA for his/her advice. (The DA has to sign-off on teen court referrals and no judge would presumably issue a writ of mandamus without some pretty strong backing.) I'll tell you guys how it goes!