Juvenile Justice

1. Juvenile Justice Accountability in the Court of Law

2. The Big Question/Quickwrite (7 min.) • If you committed a crime, do you think it would be fair for you to be punished like an adult who committed the same crime? Why or why not? • Are there ever any exceptions which would cause you to change your mind? Should juveniles be treated on a case-by-case basis or should juveniles be protected based on their age?

3. What is a Juvenile Delinquent? • California: “any person under the age of 18 years who persistently or habitually refuses to obey the reasonable and proper orders or directions.” • Juveniles have their own legal system that deals exclusively with minors. However, some states have made it so that juveniles who commit adult crimes are tried and sentenced in adult courts.

4. “delinquent” • a child who has committed an act which, if committed by an adult, would be criminal

5. “neglected” • a child who is not receiving proper care because of some action or inaction of his or her parents

6. “dependent” • a child who has no parent or guardian or whose parents are unable to give proper care

7. The Concept • Young people are fundamentally different than adults • level of responsibility • potential for rehabilitation • Primary Goals of Juvenile Justice System: • treatment – “Correctional Facility” • successful reintegration of youth into society

8. “parens patriae” • the “parent of the country”; the role of the state as guardian and protector of all people (particularly juveniles) who are unable to protect themselves

9. Why Treat Juveniles Differently? • juveniles are young and may easily change • juveniles have a high rate of ‘desistance’ • most never get in trouble again • juveniles’ families important to their lives • state acts in partnership w/ family to treat child • juveniles are easily influenced by peers • if removed from the group, child will behave • juveniles have little responsibility for others • easier to get them to isolate & modify behavior

10. Types of Offenses

11. Characteristics of Youth Who Belong to a Gang

12. Percent of arrests involving juveniles (by crime)

13. Factors of Concern • persistent behavior problems in elementary school years • onset of delinquency, aggression, drug use between 6 & 11 • antisocial parents • antisocial peers, poor school attendance, weak social ties between 12-14 • membership in delinquent gangs • drug dealing

14. Trying Juveniles as Adults • Juvenile Waiver • Judges have the ability to waive juveniles to adult court should they see fit • Certain offences automatically lead to adult prosecution • Required by certain states (i.e. Murder) • Direct File • Prosecutors(attorneys) have the ability to file charges against juveniles in adult criminal courts

15. Key Legal Terms: homicide murder first degree murder second degree murder voluntary manslaughter involuntary manslaughter

16. Key Legal Terms defined • homicide: The killing of one person either intentionally or unintentionally. Homicide includes accidents and murder. -not suicide -legal/illegal - s/o kills s/o else - on purpose or by accident

17. Key Legal Terms defined murder: The killing of someone with malice of forethought. It could be done while committing another crime. evil plan usually with other crimes illegal!

18. Key Legal Terms 3. First degree murder: The killing of a person with malice of forethought; the crime was planned. It was done deliberately and is illegal. - worse than second degree - Evil plan, on purpose - ex: Claudius’ plan in Hamlet

19. Key Legal Terms 4.Second degree murder: A killing done during a crime deemed very dangerous to a human life. The crime was most likely not committed with the original intention of killing. - murder is not goal/original plan - ex: gang fight or rape

20. Key Legal Terms 5. voluntary manslaughter: The killing of someone intentionally but without malice of forethought. For example, if the killing was a crime of passion (killing a spouse or lover because of jealousy), the intention was to kill, but it was not planned. - on purpose, without an evil plan - crimes of passion (ex: domestic violence) - intention is to kill!

21. Key Legal Terms 6. involuntary manslaughter: Killing someone unlawfully but without malice of forethought. It was committed without intent to kill and without a conscious disregard for human life. - no evil plan or intent to kill - example: drunk driver - “by accident”

22. Scenarios and Legality (#1) • A 17 year old troubled girl has been slowly poisoning her parents each night at dinner. Three months go by and she arrives home to find them dead on the floor of the kitchen. The coroner’s report indicated their death was caused by cyanide poisoning. • What crime did she commit? First Degree Murder • What was her punishment? • life in prison without parole

23. Scenarios and Legality (#2) • Three 16 year olds were hanging out at the park drinking alcohol. One boy started shoving his friend. Soon the shoving escalated into punching. One boy tripped and his head hit a sharp-edged rock. He died of a head injury before help could arrive. • What crime did he commit? • Second Degree Murder • What was his punishment/sentencing? • three years in prison after being tried as an adult.

24. Scenarios and Legality (#3) • Suspicious that his girlfriend was cheating, a 16-year old boy went to her house and found her in bed with his brother. Impulsively, he grabbed the nearest lamp and hit his brother on the head. His brother died two days later. • What crime did he commit? • Voluntary Manslaughter • What was his punishment/ sentencing? • six years in prison

25. Scenarios and Legality (#4) • A 13-year-old boy broke into an auto parts business to steal hubcaps. The 17-year-old security guard picked up his boss’ gun and fired two warning shots at the thief. The second shot hit the 13-year-old and killed him on the spot. • crime did he commit? • Involuntary Manslaughter • punishment/sentencing? • fifteen years to life

26. Predictions: Adam Liptak • Read the first three paragraphs of “Supreme Court to Rule.” • What do you think “Supreme Court to Rule” is going to be about? • What do you think is the purpose of this text? • Who do you think is the intended audience for this piece?

27. Predictions: Marjie Lundstrom • Read the first six paragraphs of “Kids are Kids.” • What is Lundstrom’s opinion on the topic of juvenile crimes? • Should kids be treated as kids when they commit adult crimes? Has the article changed your mind on the issue?

28. Discussion Questions • Develop 5 discussion questions about any topic from the texts that we have read. • Your questions should be under-the-surface and able to be discussed thoroughly and debated with other students.