Juvenile Probation and Parole: An Overview of the Juvenile Justice System

1. Chapter 13 Juvenile Probation and Parole

2. Introduction • There is little consistency among jurisdictions throughout the Untied States about how juvenile probation and parole are handled • No national policies exist that apply to every jurisdiction • There are also two types of juveniles to be handled, juvenile delinquents and status offenders • In the 1970s there was a movement for the deinstitutionalization of status offenders from facilities used for more serious juveniles

3. Juveniles and Juvenile Delinquency • Juvenile offenders • Juvenile offenders or juvenile delinquents are classified and defined according to several criteria • Jurisdiction usually covers all young persons who have not yet reached an age at which they should be treated as adults for the purposes of criminal law • At the federal level, juveniles are considered to be persons who have not yet reached their 18th birthday

4. Juveniles and Juvenile Delinquency • Status offenders • Any acts committed by juveniles that would bring the juvenile to the attention of juvenile courts, but would not be crimes if committed by adults • Examples are running away from home, truancy, and curfew violations • Contact with juvenile courts is said to be related to engaging in more serious criminal behaviors • Therefore diversion of certain types of juvenile offenders has been recommended so as to minimize the stigma of systemic contact

5. An Overview of the Juvenile Justice System • The origins and purposes of juvenile courts • The juvenile justice system consists of a more or less integrated network of agencies, institutions, organizations and personnel that process juvenile offenders • This network is made up of law enforcement, prosecutors and courts, corrections, probation, parole, and public and private community-based treatment programs

6. An Overview of the Juvenile Justice System • The case of Exparte Crouse • In 1838, this state case invested juvenile authorities with considerable parental power • The case involved a father who sought custody of his daughter from the Philadelphia House of Refuge • The court rejected the father’s claim that parental control of children is exclusive, natural, and proper • It upheld the power of the state to exercise necessary reforms to protect children

7. An Overview of the Juvenile Justice System • Dependent and neglected children • Daniel O’Connel, a youth was declared vagrant and in need of supervision and was committed to the Chicago Reform School • O’Connel’s parents challenged this ruling claiming his confinement was unjust • The Illinois Supreme Court distinguished between misfortune (vagrancy) and criminal acts in a decision to reverse the commitment • State interests would be better served if commitments of juveniles were limited to more serious criminal offenses

8. An Overview of the Juvenile Justice System • The first juvenile court • The Illinois legislature established the first juvenile court on July 1, 1899 with the Juvenile Court Act • This provided for limited courts of record and their jurisdiction would include juveniles under the age of 16 • Provision was also made for care of dependent and neglected children • Between 1900 and 1920, 20 states passed similar acts to establish juvenile courts

9. Major Differences Between Criminal and Juvenile Courts • Juvenile courts are civil proceedings • Juvenile proceedings are informal • In most states, juveniles are not entitled to a jury trial • Criminal courts are courts of record whereas juvenile could may not be • The standard of proof in criminal courts is beyond a reasonable doubt, for juvenile delinquents judges use the same standard, however, in other matters leading to non-commitment, the court uses the preponderance of evidence standard

10. Major Differences Between Criminal and Juvenile Courts • Parens Patriae • Juvenile courts have always had considerable latitude in regulating the affairs of juveniles • The parens patriae doctrine: • Encourages informal handling of juvenile matters • Vests juvenile courts with absolute authority • Encourages rehabilitative treatment • Avoids adverse labeling effects • Means state control over juveniles

11. Major Differences Between Criminal and Juvenile Courts • Arrests and other options • Law enforcement require little justification to apprehend juveniles or take them into custody • Runaways, truants, and curfew violators are often arrested for their own welfare • Suspected juvenile delinquents are also arrested

12. Major Differences Between Criminal and Juvenile Courts • Intake screenings • Informally conducted screening procedure where juvenile court officers/prosecutors decide whether detained juveniles should be • Unconditionally released from the juvenile justice system • Released to parents or guardians • Released or referred to one or more community-based services • Placed in secure detention • Referred to teen court or youth court • Waived or transferred to criminal court

13. Major Differences Between Criminal and Juvenile Courts • Petitions and adjudicatory proceedings • There is considerable variation in different jurisdictions as to how juvenile court is conducted • Increasingly, they are emulating criminal courts • Petitions are official documents filed in court on the juvenile’s behalf • Filing a petition formally places a juvenile before a juvenile court judge

14. Teen Courts • Teen court variations • Teen courts are informal jury proceeding where jurors consist of teenagers who hear and decide minor cases • Adults function only as presiding judges, and are usually retired judges, lawyers or other with courtroom experience • One objective of these courts is to teach empathy to offenders • Victims are encouraged to take an active role in these courts

15. Teen Courts • Teen court models • Adult judge teen court model • Youth judge model • Peer jury model • Tribunal model

16. Juvenile Rights • Kent v. United States (1966) • In re Gault (1967) • In re Winship (1970) • McKeiver v. Pennsylvania (1971) • Breed v. Jones (1975) • Schall v. Martin (1984)

17. Offense Seriousness and Dispositions • Aggravating Circumstances • Death or serious bodily injury to one or more victims • Offense committed while awaiting resolution of other delinquency charges • Offense committed while on probation, parole, or work release • Previous offenses • Leadership in the commission of a delinquent act • Extreme cruelty during the offense • Use of a dangerous weapon

18. Offense Seriousness and Dispositions • Mitigating circumstances • No serious bodily injury • No attempt to inflict serious bodily injury • Duress or extreme provocation • Circumstances justifying the conduct • Mental incapacitation of physical condition that reduces culpability • Cooperation with authorities in apprehending other participants • No previous record of delinquent activity

19. Judicial Dispositional Options • Nominal sanctions • Stern reprimand • Verbal warning • Conditional sanctions • Restitution, Fines • Perform public service • Submit to community-based agency for probation • Sentence imposed but suspended • Custodial sanctions • Placement of juvenile in foster home • Placement in juvenile residential center • Participate in camp ranch or special school • Confinement in secure facility

20. Juvenile POs and Pre-Dispositional Reports • Juvenile probation officers • Case review—need skills to read the behviors of juveniles • Self-awareness—need to inspect their own reaction of youth • Development of a relationship—need great patience in accepting and demonstrating faith in juveniles • The critical incident—juveniles may deliberately act out to test honesty and sincerity of POs • Following through—POs must do much of the parenting that the juveniles parents neglected to do

21. Juvenile POs and Pre-Dispositional Reports • Pre-dispositional reports • Juvenile court judges often order pre-dispositional reports • Equivalent to pre-sentence investigation reports • Intended to furnish judges with background information on juveniles to make a more informed sentencing decision • Also assist probation officers in targeting high need areas of youth and specific services or agencies for referral

22. Juvenile Probation and Parole Programs • Unconditional and conditional probation • Unconditional standard probation usually involves complete freedom of movement within the juvenile’s community • Accompanied by periodic reports to the probation department • Conditional probation includes optional conditions and program requirements • Performing public service, restitution to victims, paying fines, employment, or participation in vocational, educational, or therapeutic programs

23. Graduated Sanctions for Juvenile Offenders • Juveniles in most jurisdictions like adult probationers are subject to a continuum of sanctions that range from verbal warnings to confinement in a secure facility • Most jurisdictions regard lock up as a last resort • The Office of Juvenile Justice and Delinquency Prevention (OJJDP) has devised a list of graduated sanctions for youth • Because there is a wide array of juvenile misbehavior, there must be appropriate and relevant programs

24. Revoking Juvenile Probation and Parole • Purposes of juvenile parole • To reward good behavior while youths have been detained • To alleviate overcrowding • To permit youths to become reintegrated back into their communities and enhance rehabilitation potential • To deter youths from future offending by ensuring their continued supervision

25. Revoking Juvenile Probation and Parole • Recidivism and probation/parole revocation • Revocation is termination of one’s parole for one or more program violations • When one’s parole is revoked there are several outcomes • Return to secure detention • Offenders shifted to a different kind of parole or probation • Increased conditions of probation or parole

26. Transfers, Waivers, or Certifications • Juvenile court judges may transfer jurisdiction to criminal court • Fewer than 1 percent of juveniles are transferred • Transfers are also called waivers and it refers to changing the jurisdiction of juvenile offenders • Certification is the formal procedure whereby the state declares the juvenile to be an adult for the purpose of criminal prosecution

27. Transfers, Waivers, or Certifications • Types of transfers or waivers • Judicial waivers • Discretionary • Mandatory • Presumptive • Direct file • Prosecutor has sole authority to decide • Statutory exclusion • Legislatures have automatically excluded certain offenses from juvenile court jurisdiction • Demand waivers • Juvenile request to have their case transferred

28. Blended Sentencing Statutes • The Imposition of Juvenile and Adult Correctional Sanctions and include: • The juvenile-exclusive blend • The juvenile-inclusive blend • The juvenile-contiguous blend • The criminal-exclusive blend • The criminal-inclusive blend