Chapter 15 Juvenile Justice System

1. Chapter 15Juvenile Justice System

2. The Juvenile Justice System • When first created was viewed as quasi-social welfare agency • Parens patriae – system acts as a surrogate parent in the interests of the child • Critic argue that the juvenile justice system is outdated and should be focused on punishment.

3. The History of Juvenile Justice • Separating juveniles from adults can be traced back to two developments in English custom and law: • The development of poor laws – 1535 English passed statutes called Poor Laws that mandated appointment of overseers to place neglected children with families • The chancery court – concerned primarily with protecting property rights and welfare of more affluent minor children who could not care for themselves

4. The History of Juvenile Justice (cont.) • Care of Children in Early America • Youth who committed serious crime were treated as adults • Almshouses, poorhouses, workhouses • Child savers began developing organizations to help alleviate the burdens of the poor

5. The History of Juvenile Justice (cont.) • The Child-Saving Movement • Created programs for indigent youths • New York House of Refuge • Boston House of Reformation • Children’s Aid Society

6. The History of Juvenile Justice (cont.) • 1899 First comprehensive juvenile court created in Illinois • Best interest of child • Paternalistic rather than adversarial • Probation department to monitor youths in the community • Reform Schools

7. Juvenile Justice Today • Has jurisdiction over two categories of offenders • Delinquents – violate the law, commit an offense in violation of penal code • Status offenders – truants and habitually disobedient • PINS – Persons in Need of Supervision • CHINS – Children in Need of Supervision

8. Juvenile Justice Today (cont.) • States have set different maximum ages below which children fall under the jurisdiction of the juvenile court • Some states exclude certain classes of offenders or offenses • Those that commit serious violent offenses may be automatically excluded • Creation of Family Courts

9. Police Processing of the Juvenile Offender • According to UCR, police arrest more than 1.5 million juveniles under age 18 each year • Most police departments have separate juvenile detectives • Most police may arrest for status offenses

10. Police Processing of the Juvenile Offender (cont.) • Use of Discretion • Decision to release or detain and refer to juvenile court • Decision based on offense, police attitudes, and child’s social and personal conditions • Factors significant to police decision making • Type and seriousness of child’s offense • Ability of parents to be of assistance in disciplining child • Child’s past contacts with police • Degree of cooperation • Denial of offense

11. Police Processing of the Juvenile Offender (cont.) • Legal Rights • Same Fourth Amendment rights as adults • Afforded greater Fifth Amendment protection

12. The Juvenile Court Process • Juvenile court plays major role in controlling juvenile behavior and delivering social services to children • Juvenile cases increased between 1960 – 1995 • Since 1995 number has declined reflecting the overall decline in crime rate

13. The Juvenile Court Process (cont.) • The Intake Process • Court officers screen child to determine if needs to be handled formally or whether the case can be settled without formal intervention • Opportunity to place child in a community program • More than half of referrals to juvenile courts never go beyond this stage

14. Police Processing of the Juvenile Offender (cont.) • The Detention Process • Juvenile Justice Act of 1974 • Use of detention increased 41% between 1985 and 2000. • Majority of those detained are white • Disproportionate number of African-Americans detained before trial

15. The Juvenile Court Process (cont.) • Detention Process (cont.) • Detention hearing required in most states • Right to counsel • Procedural due process rights • Criteria to support a decision to detain • Need to protect the child • Is child a danger to the public • Likelihood juvenile will return to court for adjudication

16. The Juvenile Court Process (cont.) • Reforming Detention • Remove status offenders from lockups • Detention of youths in adult jails • OJJDP Grants

17. The Juvenile Court Process (cont.) • Bail • Federal courts have not ruled on juvenile’s constitutional right to bail • Relatively few states use monetary bail • Release of child to parent viewed as an acceptable substitute

18. The Juvenile Court Process (cont.) • Plea Bargaining • Exists for the same reasons as in adult courts • When child makes admission, courts require the following procedural safeguards • Child knows of the right to a trial • Plea or admission is voluntary • Child understands the charges and consequences

19. The Juvenile Court Process (cont.) • Waiver of Jurisdiction • Most jurisdictions provide by statute a waiver of offenders to the criminal courts • Factors considered are the child’s age and nature of the offense • Some states allow waivers only in felony cases

20. The Juvenile Court Process (cont.) • Waiver of jurisdiction (cont.) • Kent v. United States (1966) – Court held that at the waiver proceeding juveniles must be afforded minimum requirements of due process of law, including right to counsel. • Breed v. Jones (1975) – Court held that prosecution of juveniles as adults in California Superior Court violated the double jeopardy clause of Fifth Amendment.

21. The Juvenile Court Process (cont.) • Waiver of jurisdiction (cont.) • Concurrent jurisdiction • Excluded offenses • Judicial waiver • Reverse Waiver • Effect of the Waiver

22. The Juvenile Court Process (cont.) • The Trial • Initial appearance – similar to arraignment in adult court • Fact-finding hearing • In re Gault (1967) • Notice of the charges • Right to counsel • Right to confront and cross-examine witnesses • Privilege against self-incrimination • Right to transcript of trial record

23. The Juvenile Court Process (cont.) • Disposition and Treatment • Juvenile court judge imposes a sentence on the juvenile offender based on offense, prior record, and family background. • Bifurcated hearing process • Typical juvenile court dispositions • Suspended judgment • Probation • Placement in a community treatment program • Commitment to the state agency responsible for juvenile institutional care

24. The Juvenile Court Process (cont.) • Juvenile Sentencing Reform • Push for harsher sentences • Mandatory and determinate incarceration sentences • Effort to remove status offenders from juvenile justice system • Effort to standardize dispositions in juvenile courts

25. The Juvenile Correctional Process • Probation • Most common sentence for juveniles • Place under supervision in the community • General conditions of supervision, control and rehabilitative conditions

26. The Juvenile Correctional Process (cont.) • Deinstitutionalization • Large institutions too costly • Small residential facilities • Public support for community-based programs still exists in some areas

27. The Juvenile Correctional Process (cont.) • Aftercare • Help youths make the transition from residential or institutional settings • Parole • Procedural protections in probation and parole revocations

28. The Juvenile Correctional Process (cont.) • Preventing Delinquency • Designed to intervene before delinquent acts • In past was responsibility of treatment oriented agencies • Today community treatment involves combination of juvenile justice and treatment agencies • Fast Track Program • CAR/CASASTART Program