Cuyahoga County

Juvenile Justice Division

 

The No. 1 task of the Juvenile Justice Unit is to prosecute the most serious crimes committed by youngsters under age 18 in Cuyahoga County.

But from its creation in the early years of the 20th Century, Cuyahoga County’s Juvenile Court has aimed not just to punish youths who break the law, but to set them on a better path in life. That is a tradition the Prosecutor’s Office also embraces, and everyone in the Juvenile Justice Unit is encouraged to work with the court and its affiliated service providers to offer support and guidance to those young defendants who want to avoid a life of crime.

Learn more about the Juvenile Justice Unit

How the Juvenile Justice Unit Works

Crime Prevention Efforts


How the Juvenile Justice System Works

The Assistant Prosecuting Attorneys and support staff dedicated to the Juvenile Justice Unit of the Cuyahoga County Prosecutor’s Office are responsible for the charging and prosecution of juveniles accused of all delinquency offenses within Cuyahoga County.

One of Prosecutor McGinty’s goals is to ensure all offenses committed by juveniles are charged fairly and commensurately with the crimes committed.

Arraignment: How juvenile crimes are charged

The Juvenile Justice system does not have a Grand Jury to review the facts and circumstances contained in a police report. Therefore, juvenile Prosecutors are working 365 days a year charging juveniles. The Cuyahoga County Court of Common Pleas, Juvenile Division also has an intake staff that is primarily responsible for charging the cases occurring in the suburbs. Prosecutors attend arraignments, which are the initial hearings for juveniles charged with a delinquency. At the arraignment, the juvenile is read the charges against him and his constitutional rights are reviewed with him.

If the juvenile was arrested on the previous evening, and was admitted into the Juvenile Justice Detention Center, then a determination is held the following morning. The determination is presided over by a Magistrate who decides whether the juvenile should remain in the detention center until his first pre-trial hearing with a Judge, whether he can be released to a less restrictive community setting outside the detention center, or whether he can be sent home.

Prior to the first pre-trial hearing, Prosecutors respond to discovery requests filed by defense attorneys on behalf of their juvenile clients. Discovery responses occur electronically and require constant updates by the Prosecutor handling the case.

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Plea or Trial: How juvenile cases are resolved

As in the adult system, cases are resolved either by a plea or through a trial. Before entering a plea arrangement with a juvenile, the Prosecutor contacts the victims and law enforcement personnel in order to confer about how a case should be resolved. The Prosecutor then reviews the case with his or her supervisor. As representatives of the people of Cuyahoga County, the Prosecutor’s Office makes the final determination as to whether the State will accept a juvenile’s plea. Alternatively, a Prosecutor may counter with a different resolution or proceed to trial.

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Potential outcomes of a case

Diversion
Juvenile Court focuses on rehabilitation. By helping less dangerous, lower-level offenders through alternative programs, the justice system can prevent recidivism and focus resources on the more violent, repeat offenders. One alternative resolution is the Court’s Diversion Program. About 45% of the cases charged by the Court’s intake unit are resolved through Diversion. First time, juvenile offenders charged with misdemeanors or low-level felonies are given the opportunity to work with the Court’s Diversion Officers. If approved for the program, juveniles make restitution, where available, and abide by certain conditions in order to satisfy program requirements. If successfully completed, the charge is dismissed.

Commitment to the Ohio Department of Youth Services
If a juvenile pleas or is found delinquent following trial, he attends a disposition hearing. At this stage, the Judge hears from the Prosecutor, victim, law enforcement, the juvenile, and his attorney in order to determine sentencing.

The most stringent sanction is commitment to the Ohio Department of Youth Services (ODYS). A Judge may receive a request for early release from a juvenile in ODYS. When this occurs, the Prosecutor’s Office responds and attends a hearings related to the early release request. Prosecutors also respond to requests from juveniles to expunge their records and are responsible for prosecuting juvenile traffic cases.

Vertical Prosecution
Some juveniles however, commit such significant offenses that Prosecutors seek a mandatory bind-over, where the case is sent to the adult courts for disposition. In addition to mandatory bind-overs, Prosecutors may seek a discretionary bind-over for those juveniles whose criminal history is too significant to overlook and would be better suited to the adult system.

Prosecutor McGinty has made it a priority to increase resources for bind-over cases. Given the importance of vertical prosecution, where a single prosecutor follows a case from inception through resolution, additional resources will ensure better familiarity with the case and greater continuity for victims and witnesses.

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Crime Prevention Efforts

Many of the adults who pass through the adult criminal justice system began their criminal habits as juveniles. Prosecutor McGinty recognizes that youth offenders often turn to a life of crime; thus, preventing crime among juveniles is just as important to our office as the prosecution of juvenile crimes. Youth in Cuyahoga County need good role models and programs available to help them understand personal responsibility, their role in society and how they can avoid both being victimized and committing crimes that will affect them for the rest of their lives.

With the appointment of Duane Deskins in 2013, prevention efforts by the Juvenile Justice Unit of the Prosecutor's Office have become a major priority. In February 2014, the Prosecutor's Office in partnership with the juvenile courts and a grassroots organization called the Whoaman Movement hosted a seminar for student leaders to empower them to prevent violence, sexual abuse and cyber crime among their peers. It also focused on the issue of violence against women and girls.



From the Cleveland Plain Dealer, February 15, 2014

Student leaders draw a bead on violence, sexual abuse and cyber crime

CLEVELAND, Ohio -- One young woman's tragic story could be called the unifying theme of a seminar Saturday for student leaders from throughout the region.

She was Jessica Logan, 18, of Cincinnati. Her birthday would have been Saturday. But the last one she celebrated was in 2008, the year she committed suicide because of relentless cyberbullying.

The program, organized by the Juvenile Court, the Cuyahoga County Prosecutor's office and the Whoaman movement, a violence-prevention organization, ran from early morning to mid-afternoon at the Cuyahoga County Juvenile Justice Center. The idea was to equip the leaders, more than 100 in number, to go back to their schools and share the seminar's insights. Topics included abusive relationships, responsible use of social media, sexual predators and assaults.

Prosecutor Timothy J. McGinty, the keynote speaker, said Jessica's boyfriend emailed lurid pictures of her after they broke up, and the pictures reached hundreds of high school students. Jessica finished high school and began a program to curb such abusive activity, McGinty said, "but the campaign didn't last long."

The summer after graduation she attended the funeral of another teen, one who had committed suicide.

"She went home and thought that was the easy way out," McGinty said, adding that suicide is the third-leading cause of death among teens. He and other speakers said the Internet has created myriad opportunities for people to abuse each other and to harm themselves.

Read the rest of the story on Cleveland.com

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