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The Illinois juvenile court act of 1899 . distinguished between neglected and delinquent juveniles established a system of probation for juveniles created a separate court system created a special set procedures for juvenile separated juveniles and adults in the correction system
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The Illinois juvenile court act of 1899 • distinguished between neglected and delinquent juveniles • established a system of probation for juveniles • created a separate court system • created a special set procedures for juvenile • separated juveniles and adults in the correction system • established a system of probation to assist the court system
Theory: poverty and social conditions lead to crime • Criminality is not inherited • This aimed social reform at the poor, not behavioral problems • Policy Reform: the "cure" was directed at a social class, not the behavior of a particular individual or group's of individuals
Theory: social ills are learned. Negative role models create negative behaviors. • Policy Reform: juveniles need to be separated, not incarcerated with adults.
Theory: parens patriae • policy Reform: the state has a moral obligation to intervene on behalf of the juveniles conditions
theory: education and discipline is the way to "cure" juveniles • Juveniles can be taught not to be a threat to society. • Policy Reform: juveniles should be educated as a part of their discipline
The probation officer had the ultimate authority in the juveniles case • Pretrial detention • proceed with court proceedings • detain or release juvenile • handled case informally • dismiss without trial • the five-minute juvenile hearing
Juveniles had no rights • The system was not punitive • it was rehabilitative • there was no trial • the trial court was oriented at conditions, not problems • the sentence was aimed at improving a condition. conditions do not have rights • no assumption of liberty
Juvenile justice • The right to counsel • clarifies the judicial process • explores informal adjustment of the case • represents during the hearing • assists in the disposition
Juvenile justice • Guardian ad litem • a volunteer advocate • CASA
Kent versus United States (1966) • The Kent hearing • right to hearing • right to counsel • right to access court records by counsel • requirement of judge to state appropriateness of transfer
In re Galt • Notice of charges • right to counsel • right to confront witnesses • privilege against self-incrimination