DO NOW

1. DO NOW What is the most serious problem facing teenagers today? Explain your answer!

2. Chapter 17Juvenile JusticeJustice Department Survey – most serious problem facing teenagers is crime.Gangs are a problem today.

3. Chapter 17Juvenile Justice

4. Youth Crime in the U.S. • There are about 1.5 million juvenile arrests each year • 96,000 of those arrests are for violent offenses • The juvenile violent crime rate has dropped by half since 1994

5. Youth Crime in the U.S. (contd.) • Criminologists have tried to explain the rise of violent youth crime that occurred in the mid-1980s • Two explanations seem most promising: • The “cohort” approach • Environmental factors • Epidemic of youth violence in the US occurred simultaneously with an increase in drugs.

6. Development of Juvenile Justice • The idea that juveniles should be treated differently originated in the common law and in the chancery courts of England. • Common law prescribed that children under the age of sevenwere not capable of felonious intent and were therefore not criminally responsible.

7. Development of Juvenile Justice (contd.) • Under the doctrine of parens patriae, the chancery courts exercised protective jurisdiction over all children • The doctrine of parens patriae laid the groundwork for the formation of juvenile justice.

8. Juvenile Justice in the U.S. • The Puritan Period (1646-1824) • Major Developments: Massachusetts Stubborn Child Law (1646) • Causes and Influences: • Puritan view of problem children as evil • Economically marginal agrarian society • Juvenile Justice System: Law provides a symbolic standard of maturity and support for family as economic unit

9. Juvenile Justice in the U.S. (contd.) • The Refuge Period (1824-1899) • Major Developments: Institutionalization of deviants, House of Refuge developed in New York • Causes and Influences: a) enlightenment b) immigration and industrialization • Juvenile Justice System: Child is seen as helpless and in need of state intervention

10. Parens Patriae • Philosophic basis for juvenile courts in America at the turn of the century • It meant that the state was to act on behalf of the parent in the interests of the child • Beginning in the 1960s the emphasis began to focus on a due process approach for juveniles • Juveniles have not always retained due process rights in the US

11. Juvenile Justice in the U.S. (contd.) • Juvenile Court Period (1899-1960) • Major Developments: Establishment of a separate legal system for juveniles. Illinois Juvenile Court Act (1899) • Causes and Influences: a) Reformism and rehabilitative ideology b) increased immigration, urbanization, industrialization • Juvenile Justice System: Juvenile court institutionalized legal irresponsibility of child

12. Illinois Juvenile Court Act of 1899 • Established the first comprehensive system of juvenile justice • Four major elements: • Separate court for delinquent, dependent, and neglected children • Special legal procedures that were less adversarial than those in the adult system • Separation of children from adults in all parts of the justice system • Programs of probation to assist the courts in deciding what is best

13. Juvenile Justice in the U.S. (contd.) • Juvenile Rights Period (1960-1980) • Major Developments: Increased legalization of the juvenile law; the Gault decision and the Delinquency Prevention Act • Causes and Influences: a) criticizes system on humane grounds b) civil rights movement by disadvantaged groups • Juvenile Justice System: Movement to define and protect rights as well as to provide services to children

14. U.S. Supreme Court DecisionsExpanding the Rights of Juveniles- juveniles only have some of the due process rights of adults – no jury, no bail • Kent v. United States (1966) • Juveniles have the right to counsel at a hearing at which a juvenile judge may waive the case to adult court • In re Gault (1967) • A child in a delinquency hearing must be afforded: notice of the charges, right to counsel, right to confront and cross-examine witnesses, and protection against self-incrimination.

15. U.S. Supreme Court Decisions Expanding the Rights of Juveniles (contd.) • McKeiver v. Pennsylvania (1971) • Juveniles do not have a constitutional right to trial by jury • Breed v. Jones (1975) • Juveniles cannot be found delinquent in juvenile court and then transferred to adult court without a hearing on the transfer. To do so violates the protection against double jeopardy. • In re Winship (1970) • Burden of proof is to be “beyond a reasonable doubt” • NJ v TLO – can search students and lockers

16. Juvenile Justice in the U.S. (contd.) • Crime Control Period (1980-present) • Major Developments: Concern for victims, punishment orientation, transfer to adult court, protection from abuses • Causes and Influences: a) More conservative public attitudes and policies b) focus on serious crime by recidivists • Juvenile Justice System: More formal, restrictive and punitive. More police referral to court and longer sentences. Incarcerated youth stay longer periods.

17. Schall v. Martin (1984) • The Supreme Court significantly departed from the trend toward increased juvenile rights • Court confirmed the basis for the juvenile court as parens patriae and that this was equal to the Court’s desire to protect the community from crime • This case reflects the Court’s ambivalence permeating the juvenile justice system

18. The Juvenile Justice Systemjuvenile courts are complex institutions • Age limit varies between states • Statutory provisions exist in each state which allow a juvenile to be tried in an adult criminal court • Four types of cases fall under its jurisdiction: • Delinquency – conduct that would be criminal if it was done by an adult • Status offenses – not criminal if done by adult (i.e.) smoking cigarettes, truancy • Neglect – deprived of love, shelter, food, care. • Dependency

19. Age Juveniles May Be Waivered to Adult Criminal Court - not all states handle juvenile cases in the same way • The waiver provisions of states vary greatly, and no clear regional or other factor explains the differences. Youngest – age 10, upper age 16-18

20. Juvenile Justice Process • Underpinning the process are thoughts that: • Interests of the child should be primary • Proceedings should be conducted in a non-adversarial environment • The bureaucracy should be primarily staffed by persons from the helping professions • Exchange relationships are necessary to make the system work

21. The Juvenile Justice System • Decision makers have more options for the disposition of juvenile offenders, compared with options in the criminal justice system for adults.

22. Major Police Decisions Regarding Processing Juveniles • Whether to take the child into custody • Whether to request that the child be detained following apprehension • Whether to refer the child to court • Many police departments have special juvenile units. • Police exercise a great deal of discretion in these decisions

23. Factors Influencing Police Actions • The seriousness of the offense • Willingness of parents to cooperate and discipline the child • Child’s behavioral history as reflected in school and police records • The extent to which the child and the parents insist on a formal court hearing • The local political and social norms concerning dispositions in such cases • The officer’s beliefs and attitudes

24. Intake • Once the juvenile has been referred to the juvenile court through the use of a petition (not an arrest), an intake hearing is held • The hearing officer determines whether the alleged facts are sufficient for the juvenile court to take jurisdiction

25. Intake (contd.) • May screen out cases not deemed serious enough for court’s attention • Opportunity exists to place child in informal programs • Cases are generally resolved by some sort of settlement or deal

26. Pretrial Procedures • If the case is to be referred to the court, the court holds an initial hearing • Juveniles are informed of their rights and told that a plea must be voluntary

27. Pretrial Procedures (contd.) • If the youth is to be detained (imprisoned) pending trial, most states require a detention hearing that will determine if the youth is to be released to a guardian or to be held in a detentionfacility until adjudication • For many who are detained, the detention itself is punishment due to the poor conditions.

28. Arguments For Trying Serious Juvenile Offenders in Adult Court • Violence by juveniles is serious and must be handled swiftly andwith certainty • Juvenile courts have not reduced violent behavior • Procedures for waiving juvenile jurisdiction are cumbersome in some states • Justice demands that heinous crimes, regardless of their age, must be dealt with to the fullest extent of the law

29. Adjudication • Adjudication is the trial stage of the juvenile justice process. • Contemporary juvenile proceedings are more formal than in the past, although still more informal than adult proceedings • Juveniles still lack many of the protections given to adult offenders

30. Disposition • If the juvenile is found to be delinquent, then the judge will schedule a dispositional hearing to decide what action should be taken • Judge receives a predisposition report prior to the hearing • There are five choices available for disposing of the case: dismissal, probation, alternative dispositions, custodial care, and community treatment

31. Juvenile Corrections • One of the major goals of juvenile corrections is to avoid unnecessary incarceration. • Labeling effects • Abandoning only environment they know • Treatment believed to be more effective when child is living in a normal, supportive home environment

32. Juvenile Dispositional Options • The main dispositional options for judges are probation and commitment to an institution • Institutions are classified as either nonsecure or secure placements • Nonsecure – foster homes, group homes, camps, ranches • Secure – reform schools and training schools • Used for the most serious offenders

33. Aftercare • The juvenile equivalent to parole is aftercare • The offender is placed under the supervision of a juvenile parole officer who assists with educational, counseling, and treatment services • Community-based treatment has become much more common • Foster homes • Group homes

34. Problems and Perspectives • Criticism emphasizes the disparity between the treatment ideal and the institutionalized practices of a bureaucratic system • Other criticisms focus on how the system does not control juvenile crime

35. Problems and Perspectives (contd.) • Conservative crime control policies have also influenced juvenile justice. New policies have led to: • Overcrowding • Litigation challenging abuse in secure facilities • Higher rates of minority youth incarceration