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Chapter 14

Chapter 14. Juvenile Delinquency and Juvenile Justice. Childhood and the law. Factors that improved the status of children …. Increased availability of education Poor laws Chancery courts Parens patriae. Childhood and the law. Juveniles in the early United States Houses of refuge

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Chapter 14

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  1. Chapter 14 Juvenile Delinquency and Juvenile Justice

  2. Childhood and the law Factors that improved the status of children … • Increased availability of education • Poor laws • Chancery courts • Parens patriae

  3. Childhood and the law • Juveniles in the early United States • Houses of refuge • Juvenile court

  4. Childhood and the lawJuveniles in the early US • In colonial America, little distinction was made between the offenses committed by adults and those committed by children. • Parents were responsible for the actions of their children.

  5. Childhood and the lawHouses of refuge • The first house of refuge was established in New York City in 1825. • The houses of refuge were abandoned by the end of the 19th century in favor of newer reforms.

  6. Childhood and the lawJuvenile court The major differences between modern adult criminal court and juvenile court: • Focus on rehabilitation • Informal hearing • Individualized justice • Private hearings

  7. Children and society • Juvenile issues today … • Violence • Alcohol and drug problems • Sexuality and sex abuse • Runaway and kidnapped children • Anomie and nihilism

  8. Children and societyTypes of youths in the juvenile justice system • Incorrigible children • Dependent children • Neglected children • Status offenders • Delinquent children

  9. Children and societyJuvenile delinquency in context Institutions and issues connected to juvenile delinquency … • Schools • Poverty • Faulty families • Neighborhoods

  10. The juvenile justice system • Entering the juvenile justice system • Prehearing detention • Intake • Determining jurisdiction • Adjudicatory hearing • Disposition • Aftercare

  11. The juvenile justice systemEntry Cases are inserted into the system by a process called a referral… • From schools, parents, or child welfare agencies • From law enforcement agencies

  12. The juvenile justice systemPrehearing detention Law enforcement agencies are discouraged from holding juvenile delinquents in adult jails while the case is processed.

  13. The juvenile justice system Intake • A major gatekeeping decision point • A finding by the intake officer that sufficient reason exists to pass the case forward is enough to keep the case under the purview of the court.

  14. The juvenile justice system Determining jurisdiction The states have a variety of mechanisms for deciding whether to keep the case in juvenile court or transfer it to adult court.

  15. The juvenile justice system Adjudicatory hearing • Held to determine whether the juvenile committed the offenses • The equivalent of a criminal trial • Conducted by a judge who also acts as a jury

  16. The juvenile justice system Disposition Comparable to the handing down of the sentence in adult court, the disposition can take two paths … • Residential placement • Non-residential referral

  17. The juvenile justice system Aftercare Aftercare may include … • Drug or alcohol treatment • Counseling • Attending school • Employment

  18. The juvenile justice system Aftercare Juveniles can be diverted from the system at many points.

  19. Problematic issues in juvenile justice today • Chronic offenders • Youth gangs • Conditions of youth confinement • Treating children as adults • Zero tolerance

  20. Problematic issues in juvenile justice todayChronic offenders • A small percentage of youths are long-term, chronic, consistent lawbreakers. • Research: These youths share factors such as behavior problems, poor grades, drug or alcohol use, family problems, abuse or neglect, and patterns of stealing or running away.

  21. Problematic issues in juvenile justice todayYouth gangs • Membership in a youth gang is a predictor of chronic delinquency. • Race is a dimension of many gangs. • Females are also active in gangs.

  22. Problematic issues in juvenile justice today Conditions of youth confinement • Adult prisons • Ranches and camps • Boot camp prisons • Traditional training schools

  23. Problematic issues in juvenile justice today Treating children as adults • Judicial waiver: a judge sends the juvenile to adult court. • Direct filing: a prosecutor may file charges in either juvenile or adult court. • Statutory exclusion: automatically excludes some juveniles from juvenile court.

  24. Problematic issues in juvenile justice today Zero tolerance Policies in which the strict letter of the law or rule is followed without question or room for individual discretion on the part of the authority.

  25. The future of juvenile justice • Resources will be diverted from programs that serve young people to programs that serve the elderly. • Programs for children will continue to become privatized.

  26. The future of juvenile justice • The juvenile justice system will continue to transfer young offenders to criminal courts. • The age of dependency will continue to increase.

  27. The future of juvenile justice • Technology can level the playing field. • Trends suggest that the juvenile justice system may be shifting its emphasis away from the punish-or-treat dichotomy.

  28. Questions • What are the four major differences between modern adult criminal courts and juvenile courts? • How is the dark figure of crime related to juvenile delinquency? • What rights do juvenile defendants have in common with adult defendants?

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