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JUVENILE JUSTICE

JUVENILE JUSTICE. PARENS PATRIAE. PARENS PATRIAE. A doctrine that holds that the state has a responsibility to look after the well-being of children and to assume the role of parent if necessary. Literally means “father of his country”. ENGLISH HISTORY. LAW PUT PEOPLE INTO THREE CATEGORIES

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JUVENILE JUSTICE

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  1. JUVENILE JUSTICE PARENS PATRIAE

  2. PARENS PATRIAE • A doctrine that holds that the state has a responsibility to look after the well-being of children and to assume the role of parent if necessary. Literally means “father of his country”

  3. ENGLISH HISTORY • LAW PUT PEOPLE INTO THREE CATEGORIES • UNDER 7 COULD NOT FORM CRIMINAL INTENT THEREFORE COULD NOT BE TRIED FOR CRIMINAL BEHAVIOR • 7-14 PRESUMED INCOMPETENT UNLESS EVIDENCE SHOWED THEY COULD FORM CRIMINAL INTENT AND TRIED FOR CRIMES

  4. OVER 14 WHO THE LAW PRESUMED COMPETENT TO FORM CRIMINAL INTENT UNLESS THEY WERE INSANE OR RETARDED • Doctrine of Parens Patriae and presumptions against children’s capacity to form criminal intent came to the U.S.

  5. PURITAN PERIOD • 1646-1824 • English procedures continued into the nineteenth century • Massachusetts Stubborn Child Law 1646 • Puritans imposed the law that the child was evil and the family needed to discipline. Those who did not obey their parents were dealt with by the law

  6. REFUGE PERIOD • 1824-1899 • Population of American cities grew as did youth crime and neglect • Reformers focused their efforts on the urban immigrant poor • The state’s power was used to prevent delinquency

  7. NEW YORK’S HOUSE OF REFUGE • Opened in 1825 • Half prison, half school for destitute and orphaned children and those convicted of crimes • Placed by court order usually for neglect or vagrancy • “Reform Schools” opened

  8. DESPITE REFORMS CHILDREN COULD STILL BE ARRESTED, DETAINED, TRIED AND IMPRISONED. • THE CRIMINAL JUSTICE PROCESS FOR CHILDREN WAS THE SAME AS THAT FOR ADULTS

  9. JUVENILE COURT PERIOD • 1899-1960 • Questions arose • Could the State incarcerate children who had not violated the law? • Should children be held in the same facilities that housed adults? • Should a juvenile court be established?

  10. “Child Savers” Upper and middle class reformers who sought to use the power of the state to save children from a life of crime • Children are not fully responsible for criminal conduct and are capable of being rehabilitated

  11. ILLINOIS JUVENILE COURT ACT IN 1899 • No juries---Judges had wide discretion in disposing of each case. Therefore, no lawyers • Different terminology: Petitions instead of warrants, children were respondents not defendants, not found guilty but adjudicated delinquent

  12. No adversarial relationship—did not try to determine guilt or innocence but how to rehabilitate rather than punish • Confidentiality—records kept sealed and proceedings were closed to the public • BUT STILL NO DUE PROCESS RIGHTS

  13. FIRST JUVENILE COURT • CHICAGO 1899

  14. By 1925 every state had a juvenile court system • Still based on Parens Patriae—the state acting in the best interest of the child; the juvenile court treats the child as a kind and loving father

  15. THE JUVENILE RIGHTS PERIOD • 1960-1980 • Supreme Court actions • Kent v United States 1966 • Right to Counsel at a hearing at which a juvenile judge may waive jurisdiction and pass the case to the adult court

  16. In Re Gault 1967 • Extended due process rights granted to adult offenders including notice of charges, the right to counsel, the privilege against self-incrimination and the right to confront and cross-examine witnesses

  17. In Re Winship 1970 • Proof must be established “beyond a reasonable doubt” and not on “a preponderance of the evidence” • McKeiver v Pennsylvania 1971 • Trial by jury in the juvenile court’s adjudicative stage is NOT a constitutional requirement

  18. Breed v Jones 1975 • Court held that the Fifth Amendment’s double jeopardy clause prevented a juvenile from being tried in an adult court for a crime that had already been adjudicated in juvenile court

  19. DELINQUENCY • CONDUCT THAT WOULD BE CRIMINAL IF AN ADULT ENGAGED IN IT

  20. STATUS OFFENSES • Conduct that is illegal only because the child is under age.

  21. WHAT ARE THEY??

  22. RUNAWAY • GAMBLING • SMOKING • GOING TO SCHOOL

  23. 1974 Congress passed the Juvenile Justice and Delinquency Prevention Act • Included provisions for taking status offenders out of correctional institutions

  24. THE CRIME CONTROL PERIOD • 1980 to present • Public has demanded a “crackdown on crime” • Harsher punishments for juveniles who commit crime

  25. Schall v Martin 1984 • Juveniles can be held in preventive detention if there is concern that they may commit additional crimes while awaiting court action. They are deemed a “risk” to the community • More juveniles tried in adult court • Support for a get tough stance growing

  26. POLICE OFFICER DECISIONS • CRIME REPORTED • INVESTIGATION • SUSPECT IDENTIFIED/APPREHENDED

  27. ACTIONS • Counsel and release to parents • Referral diversion to community resources • Citation and referral to court/release to parents • Transport to jail

  28. CONSIDERATIONS • THE NATURE OF THE OFFENSE • JUVENILE’S PAST HISTORY • SETTING OF OFFENSE • PARENT’S ATTITUDE TOWARD OFFENSE • PASS OR FAIL THE “ATTITUDE TEST” • JUVENILE’S RACE AND GENDER

  29. TERMS • Adult Court Juvenile • Defendant Child • Complaint Petition • Arrest Detain • First Appearance Detention Hearing

  30. Omnibus Hearing Evidentiary • Trial Trial • Sentencing Dispositional Hearing

  31. DELIQUENCY • AN ACT COMMITTED BY A JUVENILE THAT IS CONSIDERED A CRIME WHEN COMMITTED BY AN ADULT

  32. PETITION • DOCUMENT ASKING THE COURT TO ASSUME JURISDICTION OVER A JUVENILE

  33. CHIPS PETITION • CHILD IN NEED OF PROTECTIVE SERVICES

  34. PRETRIAL PROCEDURES • Initial Hearing • Juveniles are informed of their rights • Pleas must be voluntary • TRANSFER TO ADULT COURT • Factors such as seriousness and age considered.

  35. EJJ • EXTENDED JURISDICTION JUVENILE • HOLDS AN ADULT SENTENCE UNTIL THE AGE OF 21

  36. ADJUDICATION---GUILTY • Adjudications hearing determines the facts in the case and if appropriate labels the juvenile “delinquent” • Proceedings formal • Traditionally closed to the public • Unless they are 14-17 years of age and offense is felony level

  37. EMILY’S LAW • JUNE, 2006

  38. DISPOSITION • Disposition hearing follows find of delinquency • Cases can be dealt with by: • Dismissal • Probation • Alternative dispositions—diversion programs • Custodial care • Community treatment

  39. JUVENILE CORRECTIONS • Many aspects resemble adult corrections • Predominant aim is to avoid unnecessary incarceration • Labeling effect • Treatment is believed to be more effective if child is in a normal, supportive home

  40. Probation • Usually involves education or counseling • Fine or restitution • Juvenile probation officers have smaller caseloads • Belief that juvenile can change

  41. SCARED STRAIGHT

  42. RISK FACTORS • FAMILY • Lack of parental role model • Family drug abuse • Extreme economic deprivation • Family gang involvement

  43. SCHOOL • Academic failure • Learning disabilities • Negative labeling by teachers • Disciplinary problems

  44. COMMUNITY • Gangs • Drug use • Availability of firearms • High crime/feeling of danger • Lack of social and economic opportunities

  45. PEERS • Delinquent friends • Friends who are gang members • Friends who use drugs • Lack of “positive” peer pressure

  46. INDIVIDUAL • Tendency toward aggressive behavior • Inability to concentrate of focus • Alcohol or other drug use • Fatalistic/pessimistic viewpoint • Lack of positive goals • Unable to detach from negative behavior

  47. PROBLEMS AND PERSPECTIVES • Disparity between the treatment ideal and the practice of placing juveniles in institutional settings. • Juvenile court is complex and most perform a variety of functions • Crime control policies have caused higher rates of minority youth incarcerations.

  48. Philosophy of Juvenile Justice • Reduced concern with legal issues of guilt or innocence • Emphasis on the child’s best interest • Emphasis on treatment rather than punishment • Privacy

  49. No long term confinement • Separate facilities • Broad discretionary alternatives at all points in the process

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