Juvenile Justice

1. Juvenile Justice • Youth and crime • The development of juvenile justice • The system of juvenile justice • Juvenile justice operations • Important juvenile justice cases

2. Youth Crime

3. Juvenile Arrest Rates per 100k Over Time

4. What Offenses are Committed By Juvenile Defendants

5. Juvenile Offenses as a Percent of All Arrests

6. continued

7. 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.

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

9. Juvenile Justice in the U.S.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 and b) increased immigration, urbanization, industrialization. Juvenile Justice System: Juvenile court institutionalized legal irresponsibility of child.

10. 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. Juvenile Justice in the U.S.Juvenile Rights Period (1960-1980)

11. 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 repeat offenders. Juvenile Justice System: System for formal, restrictive and punitive. More police referral to court and longer sentences. Juvenile Justice in the U.S.Crime Control Period (1980-present)

14. Age Up to 16 or 18 Transfer discretion Categories Delinquency Status Neglect and dependency System of Juvenile Justice

15. Juvenile Justice Operations • Overall goal is to help juvenile and prevent future misconduct • Less adversarial than adult proceedings • More discretion used • Primary junctures • Police interface and intake • Adjudication • Corrections

16. Police Interface • How most case arise • Extraordinary discretion • Factors affecting disposal of case: • Seriousness • Parental attitude • Local norms

17. Police Intake • Formal action • Review of case • Screening for disposition • Diversion • Transfer to adult court • Judicial waiver • Legislative exclusion • Prosecutor discretion

20. Juvenile Adjudication • More adversarial than in past • Most cases settled • Adjudication • Delinquent or not • Disposition – what to do • Judge’s options • Dismiss • Alternative arrangements • Probation/Intermediate • Institutional care

21. Juvenile Corrections • Alternative corrections • Probation • Better funded • More enthusiasm • Community Treatment • Institutional Care • Statistics • Rehabilitation emphasis

23. Constitutional Rightsof Juveniles Juvenile rights and adult rights are not always the same.

24. Juvenile Trials Require: Do not require: • Due process • Fair notice of charges • Legal representation • Confrontation of witnesses • Proof beyond a reasonable doubt • Trial by jury is not a constitutional right

25. Important Juvenile Justice Cases • In re Gault (1967) • The Supreme Court ruled that to satisfy due process requirements in a juvenile proceeding that resulted in commitment to a correctional facility, the juvenile must receive adequate written notice that a hearing was scheduled and advice about the right to counsel and the right to confront and cross-examine witnesses.

26. Important Juvenile Justice Cases • In re Winship (1970) • The Court ruled that the due process clause required that juvenile proceedings provide proof beyond a reasonable doubt in order to classify juveniles as delinquent in juvenile court proceedings.

27. Important Juvenile Justice Cases • Schall v. Martin (1984) • The Court reaffirmed the parens patriae rationale for the juvenile court differences and held that juveniles may be detained before trial if they are deemed a “risk” to the community.