Why not refer a 16 year old who gets into a fight at school and has no prior record?If the fight didn’t result in any serious injury and no weapons were used (either element would more than likely result in a felony charge), then a 16 involved in a fight at school could be referred to the JRB.
The referral could be a police referral for disorderly conduct, breach of peace, or assault in the 3rd degree.
If the police charge a 16 or 17 year old with “creating a public disturbance” because of the fight however, that charge for a 16 or 17 year old is considered to be an infraction and not a delinquent act. A 16 or 17 year old charged with such an infraction cannot be referred to the JRB because they could not be referred to the juvenile court. The police should be informed of this fact and it should be suggested that they consider a charge that would make the case juvenile court, and therefore JRB, eligible. Disorderly conduct, breach of peace, or assault in the 3rd degree are examples of such charges.
This issue does not exist for juveniles under age 16.
If your JRB does not accept delinquency referrals from the police, a 16 or 17 year old involved in a fight at school can be referred by the school as a FWSN (defiance of school rules) case, assuming the school has a policy prohibiting fighting in school.
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