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Juvenile Justice in America

This article explores the history, main features, terminology differences, and detention rates in the juvenile justice system in America. It also discusses the Uniform Juvenile Court Act, children in need of supervision, procedural requirements, and the specific case of Washington state's "at-risk youth" law.

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Juvenile Justice in America

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  1. Juvenile Justice in America SOC 106 Part 13: Juvenile Court Process: Pretrial, Trial, Sentencing

  2. Juvenile justice - origin / early history - Chicago (1899) - 1920: critics / abolished - direction / 17 states a. Juvenile court - differences - main features (1) Absence of legal guilt - not guilty

  3. - not criminally liable - civil proceedings (2) Treatment v. punishment - court action - “treatment” - “community protection” (3) Absence public scrutiny - closed court - confidential / sealed - involves court / juvenile / family

  4. (4) Background important - needs / amenability - history / behavior / diagnosis - screening process (5) No long-term - typically shorter - 21st birthday maximum (6) Separateness - from adults - arrest / detention / court / incarceration

  5. (7) Speed / flexibility - disposed of quickly - broader dispositions / alternatives b. Terminology differences - juvenile justice process - crime committed / final release (1) Delinquent act - not crime - delinquents / not criminals - still: probable cause / proof beyond

  6. (2) Taken into custody - not arrested - delinquent acts - status offenses - violation state penal codes (a) Same rights - except jury trial (b) Attorney / remain silent - under 12 - parent / guardian present

  7. (3) Juvenile detention - not jail - temporary confinement - physically restricting - adjudication / sentence / safety / parole - probation / court order (a) 20% detained - 2 million before court (b) Reasons - protect child - society / abscond

  8. (c) Criteria varies - state / jurisdiction - family - criminal - crime - community involvement c. Detention rates: per 100,000 Highest 7 Lowest 7 State Ratio State Ratio DC 478 Maine 0

  9. California 178 Montana 0 Nevada 130 Rhode Island 0 Georgia 129 Wyoming 0 Washington 117 So. Carolina 3 Michigan 108 No. Carolina 7 Florida 103 Arkansas 15 (1) Chart - 4 states: minimal - 8 states: 20 per or less (2) Average: 73 per

  10. - 7 states above 100 - half all youth - California / Florida / Michigan / Ohio d. Who detained - 2,200,000 - local - 440,000: period of time - 25,000: any given day (1) Average length - 15 days

  11. (2) Reasons - 95% = delinquency (a) 36% = property (b) 31% = personal (c) 11% = drugs / alcohol (d) 22% = court order - 3% = status offense

  12. - 2% = protection (3) Ages - 16 / 17 / 15 - 2/3’s 17 year olds detained (4) Race - 25% = African-American - 18% = Caucasian - 22% = other (5) Gender

  13. - 21% = male - 17% = female • Children in need of supervision - children at-risk / status offenders a. Uniform Juvenile Court Act - delinquent vs. “unruly child” - no delinquency / uncontrollable (1) Descriptions of unrulychild - section 2-4

  14. (a) “While subject to compulsory school attendance is habitually and without justification truant from school.” (b) “Is habitually disobedient of the reasonable and lawful commands of his/her parent, guardian, or other custodian and is ungovernable.” (c) “Has committed an offense applicable only to a child

  15. (d) “In any of the foregoing, the child is in need of treatment / rehabilitation” (2) Majority of states - include behavior - official label - incarceration (3) Juvenile Court Act - recognized court involvement - not delinquent - no incarceration

  16. (a) Not amenable to treatment - rehabilitation provided (b) Washington state - unruly child - at-risk youth (4) Labels vary - PINS: persons - JINS: juveniles - CHINS: children - YINS: Youth

  17. - MRAI (New Jersey) (a) Importance in separating - unruly from serious (b) Symptomatic - home life / environment (c) Not criminal tendencies b. Procedural requirements

  18. - different state requirements (1) Civil standard - “preponderance of evidence” (a) Bulk of evidence - support (b) Not all (2) Different dispositions - upper ages

  19. (a) Pre-delinquent nature - early / remedial treatment - prevent incipient delinquency (b) Intense emotional / behavioral (3) Categories - written without specificities - difficult to define / describe (a) Habitually - frequently used

  20. (b) Recurring pattern - incorrigible / ungovernable / disobedience (c) Flagrant repetitive pattern - primary basis - petition • Washington state - “at-risk-youth” - 1990 legislative session - parental concerns

  21. - “out of control” / at-risk a. Intent of law - parents: at-risk behaviors - petition court: care / custody / control (1) At-risk-youth (a) Under chronological age (b) 72 consecutive hours - without consent

  22. (c) Beyond control - substantially endanger - health / safety / welfare - child / other (d) Substance abuse - no pending (2) Begin process - Family Reconciliation Services - Division of Children / Family Services - family assessment

  23. (a) Gather information - family / problems (b) Explore alternatives - recommendations - explain process - parents / parents + child (c) Petition alleges - at-risk - petitioning parent / legal custody - intervention necessary

  24. - alternatives attempted - good cause (3) Assessment (child / others) - conditions - review / recommend case plan (a) Typical - home - school - drugs - counseling

  25. (b) Additional services - anger - substance abuse - parenting - personal / interpersonal b. Petition - formal document - delinquent / at-risk (1) Parent responsible - person / mail

  26. - clerk / juvenile court / filing (2) Filing petition - court docket - fact-finding / 14 days - attorney appointed - parties notified / mail (3) Social worker - write report - child / family situation - problems identified

  27. - attempts to resolve - recommendations (4) Notice of fact finding - present evidence (a) At risk - court order - home placement - alternative placement (b) Assist parent

  28. - maintain care / custody / control - resolve conflicts / problems (5) Conditions of supervision - school attendance - counseling - substance abuse program - other conditions (a) Parents participation - counseling - case plan

  29. - steps to implement (b) Financial responsibility - all / partial (6) Failure to comply - contempt - parent / child (a) Penalty - fine - $100

  30. - imprisonment (up to 7 days) - or both - each finding (b) Motion / declaration - juvenile court

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