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Department of Criminal Justice California State University - Bakersfield CRJU 100

Department of Criminal Justice California State University - Bakersfield CRJU 100 Introduction to Criminal Justice Dr. Abu-Lughod, Reem Ali Juvenile Justice and Delinquency. Intro: Parens Patriae: 12 th C King of England Father of the country King in charge/decisions etc…

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Department of Criminal Justice California State University - Bakersfield CRJU 100

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  1. Department of Criminal Justice California State University - Bakersfield CRJU 100 Introduction to Criminal Justice Dr. Abu-Lughod, Reem Ali Juvenile Justice and Delinquency

  2. Intro: • Parens Patriae: 12th C King of England • Father of the country • King in charge/decisions etc… • Accountability shifted from parents to state Modern Interpretations of PP: • Get tough movement: harsher punishment • Since mid 1960s: juveniles acquired greater constitutional rights

  3. Under the Juvenile Justice and Delinquency Prevention Act 1974 juveniles are persons who have not attained their 18th b-day • Delinquency: defined by federal law as violation of a U.S. law by a person prior to his/her 18th b-day that would have been a crime if committed by an adult • Broader definition: violation of any state or local law or ordinance by anyone who has not yet achieved the age of majority

  4. Types of offenses • Status offenses: truancy, runaways, curfew violators ….may progress into more serious types of offending • Runaway: research studies have shown that they may have family problems, psychological problems, sexually abused The greater the contact between juveniles and the system, the more likely they are to be stigmatized. Think labeling theory To reduce the level of stigma, diversion programs have been recommended to help youth

  5. Types of Waivers: • Judicial waivers: gives judges the authority to transfer a juvenile • Discretionary • Mandatory: probable cause • Presumptive (like mandatory but showing proof that juveniles may be rehabilitated) 2. Direct File: prosecutors have the power 3. Statutory Exclusion: automatic transfer e.g. in cases of murder. Also known as Legislative Waivers 4. Demand Waivers: motions filed by juveniles and their attorneys to have their cases transferred from juvenile court to criminal court

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