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Juvenile Justice

Juvenile Justice. Youth and crime The development of juvenile justice The system of juvenile justice Juvenile justice operations Important juvenile justice cases. Youth Crime. Juvenile Arrest Rates per 100k Over Time. What Offenses are Committed By Juvenile Defendants.

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Juvenile Justice

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  1. Juvenile Justice • Youth and crime • The development of juvenile justice • The system of juvenile justice • Juvenile justice operations • Important juvenile justice cases

  2. Youth Crime

  3. Juvenile Arrest Rates per 100k Over Time

  4. What Offenses are Committed By Juvenile Defendants

  5. Juvenile Offenses as a Percent of All Arrests

  6. continued

  7. Parens Patriae • Philosophic basis for juvenile courts in America at the turn of the century. • It meant that the state was to act on behalf of the parent in the interests of the child.

  8. Major Developments: Institutionali- zation of deviants, House of Refuge Developed in New York Causes and Influences: a) enlightenment and b) immigration and industrialization Juvenile Justice System: Child is seen as helpless and in need of state intervention. Juvenile Justice in the U.S.The Refuge Period (1824-1899)

  9. Juvenile Justice in the U.S.Juvenile Court Period (1899-1960) Major Developments: Establishment of a separate legal system for juveniles. Illinois Juvenile Court Act (1899). Causes and Influences: a) Reformism and rehabilitative ideology and b) increased immigration, urbanization, industrialization. Juvenile Justice System: Juvenile court institutionalized legal irresponsibility of child.

  10. Major Developments: Increased legalization of the Juvenile law; the Gault decision and the Delinquency Prevention Act. Causes and Influences: a) criticizes system on humane grounds, b) civil rights movement by disadvantaged groups. Juvenile Justice System: Movement to define and protect rights as well as to provide services to children. Juvenile Justice in the U.S.Juvenile Rights Period (1960-1980)

  11. Major Developments: Concern for victims, punishment orientation, transfer to adult court, protection from abuses. Causes and Influences: a) More conservative public attitudes and policies, b) focus on serious crime by repeat offenders. Juvenile Justice System: System for formal, restrictive and punitive. More police referral to court and longer sentences. Juvenile Justice in the U.S.Crime Control Period (1980-present)

  12. Age Up to 16 or 18 Transfer discretion Categories Delinquency Status Neglect and dependency System of Juvenile Justice

  13. Juvenile Justice Operations • Overall goal is to help juvenile and prevent future misconduct • Less adversarial than adult proceedings • More discretion used • Primary junctures • Police interface and intake • Adjudication • Corrections

  14. Police Interface • How most case arise • Extraordinary discretion • Factors affecting disposal of case: • Seriousness • Parental attitude • Local norms

  15. Police Intake • Formal action • Review of case • Screening for disposition • Diversion • Transfer to adult court • Judicial waiver • Legislative exclusion • Prosecutor discretion

  16. Juvenile Adjudication • More adversarial than in past • Most cases settled • Adjudication • Delinquent or not • Disposition – what to do • Judge’s options • Dismiss • Alternative arrangements • Probation/Intermediate • Institutional care

  17. Juvenile Corrections • Alternative corrections • Probation • Better funded • More enthusiasm • Community Treatment • Institutional Care • Statistics • Rehabilitation emphasis

  18. Constitutional Rightsof Juveniles Juvenile rights and adult rights are not always the same.

  19. Juvenile Trials Require: Do not require: • Due process • Fair notice of charges • Legal representation • Confrontation of witnesses • Proof beyond a reasonable doubt • Trial by jury is not a constitutional right

  20. Important Juvenile Justice Cases • In re Gault (1967) • The Supreme Court ruled that to satisfy due process requirements in a juvenile proceeding that resulted in commitment to a correctional facility, the juvenile must receive adequate written notice that a hearing was scheduled and advice about the right to counsel and the right to confront and cross-examine witnesses.

  21. Important Juvenile Justice Cases • In re Winship (1970) • The Court ruled that the due process clause required that juvenile proceedings provide proof beyond a reasonable doubt in order to classify juveniles as delinquent in juvenile court proceedings.

  22. Important Juvenile Justice Cases • Schall v. Martin (1984) • The Court reaffirmed the parens patriae rationale for the juvenile court differences and held that juveniles may be detained before trial if they are deemed a “risk” to the community.

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