Official Reaction to Juvenile Delinquency

1. Official Reaction to Juvenile Delinquency Components of the Juvenile Justice System II: Pretrial

2. Elements Involved in Pretrial Intake Diversion Detention Adult Transfer Petition

3. Intake • Refers to the screening of cases by the juvenile court system • Done by intake officers who are often probation officers • Intake results in one of the following: • send youth home with no further action • divert youth to a social service agency • petition to juvenile court and release until court date • petition to court and hold in detention • waive (transfer) case to adult court Juveniles at intake hearing

4. Diversion • Refers to screening children from the court without judicial determination • Also referred to as: • nonjudicial adjustment • informal disposition • adjustment • Can be employed by police departments or courts • Encourages the child to participate in a specific program or activity with implied threat of further prosecution

5. Pros and Cons of Diversion • Helps juvenile justice system run smoothly • Allows for reallocation of resources to other programs • Costs less than institutionalization • Helps children avoid being stigmatized Pros Cons • Results in “widening the net” • Many children who would have before simply sent home are now formally in the system

6. Detention • Refers to the holding of children in secure facilities until trial • Pretrial detention normally used only when: • child might be inclined to run away before trial • child might be inclined to commit another serious crime • child is a violator from another jurisdiction • Alternatives to detention • send the child home (most common pre-trial procedure) • send to shelter care--less restrictive, normally for status offenders • send to foster care--normally for abused and neglected children

7. Trends in Detention • Increases in detention are increasing despite decreases in delinquency • Reasons include: • rise in serious crime • increased link between drug use and delinquency • younger children becoming involved in serious crimes

8. Problems With and Recommended Changes for Detention Problems • Seen by some as incarceration without a trial • Due to discretion in who is and is not detained, there tends to be racial and class discrimination • May have a strong negative effect on child due to lack of rehabilitative services • Some jurisdictions still detain children in adult facilities Recommendations • Some suggest prohibiting detention altogether • Should be reserved for juveniles representing a major threat to community • Should be some rehabilitative services provided

9. Transfer to Adult Court • All states now have a provision to transfer juveniles to adult courts when deemed appropriate • Three models for adult transfer. They are not mutually exclusive: • Concurrent jurisdiction--prosecutor is given total discretion • Excluded offenses--statutorily identifies certain offenses as transferrable • Judicial Waiver--the court (not prosecutor) waives jurisdiction

10. Pros and Cons of Adult Transfer Pros • Some suggest that repeat, hardened offenders are beyond rehabilitation anyway • Need threat of tough punishment to deter them Can you think of any other pros? Cons • Opponents claim that that only half-hearted attempts have been made at rehabilitation • Claim that the transfer is a copout and admission of failure Can you think of any other cons?

11. The Petition • If a child is not diverted or waived, he/she will be petitioned to juvenile court • The petition is the formal legal complaint that initiates judicial action • A petition can be brought by: • a police officer • social service agency • family member or guardian • If child admits to allegations, hearing is scheduled to initiate a treatment plan • If child does not admit to facts of petition: • hearing is scheduled to hear the facts • predisposition report is prepared • parents are notified of hearing date