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- Overview of the Criminal/Juvenile Justice System
- Laws Protecting School Employees
- Crimes on School Property
- Search and Seizure
- Freedom of Expression
- School Reporting Requirements
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- Cannot be charged as an adult.
- Case will be heard in juvenile court.
- In certain murder cases juveniles 13 or younger may be given EJJ status
and receive a “blended” sentence.
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- Prosecutor can charge in juvenile or criminal division of circuit court
if crime is:
- Capitol Murder
- 1st Degree Murder
- Aggravated Robbery
- First Degree Battery
- Terroristic Act
- Kidnapping
- Rape
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- The prosecutor must file charges in juvenile court, but can file motion
to transfer to circuit court or seek EJJ designation if crime is :
- Enumerated offense in A.C.A. § 9-27-318(b)(1).
- Handgun/firearm possession one listed in A.C.A. § 5-73-119(a).
- Felony and juvenile has within past two years been adjudicated
delinquent of 3 felony offenses.
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- Can be charged as an adult for any felony.
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- Will always be charged as an adult for any criminal acts.
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- Extended Juvenile Jurisdiction Offender means a juvenile designated to
be subject to juvenile disposition and an adult sentence imposed by the
juvenile court.
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- The State or the juvenile’s attorney can request EJJ designation if, at
the time of the offense, the juvenile is:
- Age 12 and under and is charged with capital murder or first-degree
murder and the state has overcome presumptions of lack of fitness to
proceed and lack of capacity.
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- Age 13 and is charged with capital murder or first degree murder. An evaluation must be done, but the
burden is on the juvenile to establish lack of fitness to proceed and
lack of capacity.
- Age 14-15 and charged with any of the crimes listed in A.C.A. §
9-27-318(b) and (c)(2)
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- A designation hearing must be held within 30 days of the EJJ designation
request if the juvenile is detained or no longer than 90 days from the
EJJ designation request.
- If the court designates the offender EJJ, the offender must be advised
of his jury trial right and an adjudication date is set. If the court
denies EJJ request, the case is handled as a delinquency.
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- The EJJ offender and the State have the right to a jury trial at the
adjudication hearing. The right may be waived, but either party can
demand a jury trial.
- If the juvenile is found delinquent as an EJJ offender, the court shall
order any of juvenile dispositions in A.C.A. § 9-27-330 and suspend the
imposition of an adult sentence pending juvenile court review.
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- The State may petition the juvenile court at any time to impose an adult
sentence if the juvenile:
- has violated the juvenile disposition order;
- has been adjudicated delinquent or found guilty of a new offense;
- is not amenable to rehabilitation in the juvenile system.
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- If the court finds the above, it may:
- amend or add any juvenile disposition;
- or impose any of the full range of sentencing available in circuit
court. But the court cannot give more than 40 years except on capital
murder and first degree murder. For those offenses, the sentence may be
any term, up to and including life.
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- Juveniles cannot go to DOC until they are 16. They stay in DYS until
they are 16. Those awaiting transfer to DOC are segregated from the
general population at DYS.
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- It is illegal to use language that causes a breach of the peace;
substantially interferes with the operation of the school; or arouses
anger to the point of imminent retaliation toward public-school
employees in the course of their duties during regular school hours.
- Punishable by fine of not less than $100 nor more than $1500.
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- Threatening, cursing or using abusive language to a school bus driver in
the presence of students is a misdemeanor.
- Punishable by a fine of not less than $25 nor more than $100.
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- Threatening to cause physical injury or property damage to a teacher or
school employee acting in the line of duty is Terroristic threatening.
- Can be sentenced up to 6 years in prison. (Class D Felony)
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- Must have a communication of a threat to cause the death of a school
employee or student with firearm or deadly weapon.
- A reasonable person would believe that the person making the threat
intends to carry it out.
- Also, there must be a substantial step toward the commission of the act.
- The substantial step must be close in time to the threat and must be
strongly corroborative of the criminal purpose.
- Class D felony
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- Purposely threatens damage or injury to another or the property of
another by bombing;
- In a manner likely to place another in reasonable apprehension…or to
create public alarm
- D felony if injury results; otherwise an A misdemeanor
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- Intentionally causing physical injury to a teacher or school employee while
acting in the course of employment is second degree battery.
- Can be sentenced up to 6 years in prison. (Class D Felony)
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- Premeditated and deliberate murder of a teacher or school employee
acting in the line of duty is capital murder.
- Punishable by death or life in prison without parole.
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- It is illegal for anyone under the age of 18 to possess a handgun.
- Exceptions apply.
- 1st offense is an A misdemeanor (up to 1year in jail and a $1000 fine).
- Subsequent offense is a D felony (up to 6 years in prison).
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- It is illegal for any person to possess a firearm on school property, on
a school bus, or at a bus stop.
- Violation of this law is a D felony (up to 6 years in prison).
- No probation or first offender status
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- When parent knows minor is in illegal possession of firearm on school
premises, public park or playground, or civic center and fails to
prevent or report the possession to school or law enforcement, parent is
guilty of a Class B misdemeanor.
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- When someone under 18 is convicted of possessing a firearm that firearm
is subject to forfeiture.
- When someone under 18 is in a vehicle and possesses a firearm the
vehicle is also subject to forfeiture.
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- It is no longer illegal for students or anyone under the age of 18 to
possess a beeper on public or private elementary or secondary school
property.
- There may still be school policies regulating beepers and cell phones.
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- It is illegal for anyone under 18 to possess, purchase, or use tobacco
products. (A.C.A. § 5-78-101)
- Tobacco products may be confiscated by law enforcement or school
official and destroyed. (A.C.A. §
5-78-102)
- Smoking or using tobacco products on any public school property or
school bus is prohibited. Is is a
misdemeanor punishable by fine on $10.00 to $100.00. (A.C.A. § 6-21-609)
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- Selling drugs on or within 1000 ft. of school property can add an extra
10 years to a sentence for selling drugs.
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- New Jersey v. TLO, 469 U.S. 325 (1985).
- 4th Amendment applies to public school officials.
- Reasonable suspicion standard applies to searches of students
belongings.
- Scope and duration of search must be reasonable.
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- It has been defined as “specific and articulable facts, which, taken
together with rational inferences from those facts, reasonably warrant
[an] intrusion.” Terry v. Ohio, 392
U.S. 1 (1968).
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- Possession of rolling papers/drug paraphernalia
- Previous misbehavior and unusually heavy use of phone
- Observation of a request to sell drugs
- Observation of smoking, and/or order of marijuana
- Evidence given by one student that incriminates another.
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- Metal detectors
- Surveillance by school officials
- Locker searches
- Canine searches
- Vehicle searches
- Alcohol and drug testing
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- SRO v. other law enforcement officers
- Probable cause v. reasonable suspicion
- SRO acting in conjunction with school officials
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- First Amendment protection
- Must be directly related to the safety and well-being of the students.
- Must be reasonable and necessary for keeping orderly conduct.
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- Clothing representing political statement or cultural identity
- Sagging and other clothing fads
- Hair length/jewelry
- School uniforms
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- Teachers, school officials, school counselors, and law enforcement
officials are mandated reporters.
- Negligently or willfully failing to report suspected child abuse is a
Class C misdemeanor.
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- Public school principals who have knowledge or have received information
that any person has committed or threatened to commit an act of violence
or crime involving a deadly weapon on school property or while under
school supervision must report to superintendent and law enforcement.
- Failure to report is a Class C misdemeanor.
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- The principal must notify parents if a student under 18 is reported to,
interviewed by or taken into custody by law enforcement.
- School resource officers are exempted from this provision.
- Child abuse or neglect investigations are also exempted.
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- Reporting suspected drug abuse
- Corporal punishment (must be authorized by school policy)
- Assisting suicidal youth
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- Written notice must be given by law enforcement to superintendent if
juvenile arrested for:
- Unlawful possession of firearm
- An offense involving a deadly weapon
- Battery in the First Degree
- Superintendent notifies SRO and principal.
- Information is confidential and for services only.
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- Juveniles are entitled to Miranda rights as defined by § 9-27-303.
- No questioning can occur until officer has advised juvenile, in his own
language, of rights to remain silent, consult counsel or parent, or have
parent present.
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- When the juvenile is taken into custody the officer “shall immediately
make every effort possible to notify the custodial parent, guardian or
custodian of the juvenile’s location.” A.C.A § 9-27-313
- When parent cannot be located or refuses to go where juvenile is held,
counsel shall be appointed for the juvenile. A.C.A. § 9-27-317(h)(2)(A)
- Proceedings are then the same as if juvenile had invoked the right to
counsel. A.C.A. §
9-27-317(h)(2)(B)
- No waiver of counsel shall be accepted when the juvenile is in the
custody of DHS, including DYS.
A.C.A. § 9-27-317(g)
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Notes
