Juveniles in the Criminal Justice System

1. Juveniles in the Criminal Justice System

2. Slide 2 CHAPTER OBJECTIVES Explain what a waiver to adult court is. List the main purposes for waiving a juvenile to adult court and explain the process. Compare and contrast the three main types of waiver to adult court. List the deciding factors in waiving a juvenile to adult court.

3. Slide 3 CHAPTER OBJECTIVES After completing this chapter, you should be able to: Evaluate the effectiveness of the waiver to adult court. Describe and contrast the five types of blended sentencing. Analyze major U.S. Supreme Court cases that address the constitutionality of the death penalty for juvenile offenders.

4. Slide 4 9.1 Changing Beliefs About the Purpose of Juvenile Justice • In the 1970s and 1980s, the juvenile justice system lost credibility because of increasing juvenile crime rates and a belief that juveniles were committing more serious crimes. • In response, the trend has been to “get tough” with juveniles and waive more of them to adult court where they are treated as adults.

5. Slide 5 SELF CHECK Why is there a trend to waive more juveniles to adult court?

6. Slide 6 9.2 Waiver to Adult Court With the “get tough” attitude toward juvenile crime, the use of waiver to adult court (also called certification, transfer, remand, and binding over) has grown. waiver to adult court: The process through which a juvenile court relinquishes jurisdiction over a juvenile offender and the case is processed in adult court.

7. Slide 7 Waiver to Adult Court Once waived to adult court, juveniles are usually subject to the same penalties as adults, including in some states: • Life sentence • Life without the possibility of parole • Death penalty

8. Slide 8 Waiver to Adult Court • In the 1920s, only ten states allowed juveniles to be waived to adult court. • Today all states allow certain juveniles offenders to be waived to adult court.

9. Slide 9 Minimum Age a Juvenile May be Waived to Adult Court by State No Minimum Age Specified: Alaska, Arizona, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Maine, Maryland, Nebraska, Nevada, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Washington, West Virginia, Wisconsin Age 10: Kansas, Vermont Age 12: Colorado, Missouri, Montana Age 13: Illinois, Mississippi, New Hampshire, New York, North Carolina, Wyoming Age 14: Alabama, Arkansas, California, Connecticut, Iowa, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, New Jersey, North Dakota, Ohio, Texas, Utah, Virginia Age 15: New Mexico SOURCE: Adapted from Griffin, Patrick, Patricia Torbet, and Linda Szymanski. Trying Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions Washington, DC: U.S. Department of Justice, 1998. FIGURE 9-1

10. Slide 10 Purpose of Waiver to Adult Court Juveniles may be waived to adult court for three basic reasons: • To remove juvenile offenders charged with heinous, violent offenses that generate media and community pressure • To remove chronic offenders who have exhausted the resources and the patience of the juvenile justice system • To impose longer potential sentences than are available within the juvenile justice system

11. Slide 11 Purpose of Waiver to Adult Court The juvenile justice system cannot incarcerate a juvenile forever. Each state sets what is known as a jurisdictional age limit. jurisdictional age limit: The age at which a juvenile court no longer has jurisdiction over a juvenile offender, usually between ages 18 and 21.

12. Slide 12 Purpose of Waiver to Adult Court In other words, a juvenile must be released from a juvenile institution when he or she reaches a certain age, regardless of time served.

13. Slide 13 Age at Which Juvenile Court Must Relinquish Jurisdiction Over Juvenile Offenders Age States Arizona, New Hampshire, North Carolina Alaska, Kentucky, Iowa, Nebraska, Oklahoma, Tennessee Mississippi, North Dakota, West Virginia Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, Wyoming California, Wisconsin Massachusetts Texas Until the full term of the disposition order Colorado, Hawaii, New Jersey NOTE: Extended ages of jurisdiction may be restricted to certain offenses or juveniles (such as violent offenses, habitual offenders, and juveniles under correctional commitment). SOURCE: Adapted from Snyder, Howard N. and Melissa Sickmund 1995. Juvenile Offenders and Victims: A National Report Washington, DC: Office of Juvenile Justice and Delinquency Prevention. FIGURE 9-2

14. Slide 14 MYTH FACT Youths under age 16 are likely to be waived to adult court. Youths age 16 or older accounted for 81% of all waived cases in 1996. Therefore, it is relatively rare for a youth under age 16 to be waived to adult court.

15. Slide 15 Types of Waiver to Adult Court Three main types of waiver to adult court are: • Judicial waiver • Legislative waiver • Prosecutorial waiver

16. Slide 16 Judicial Waiver The most common method of waiver to adult court and the one with the longest history is judicial waiver. judicial waiver: A type of waiver to adult court in which a juvenile court judge makes the decision to waive a juvenile to adult court.

17. Slide 17 Judicial Waiver Two types of judicial waiver are: • Discretionary judicial waiver—The judge makes the final decision • Mandatory waiver discretionary judicial waiver: A type of judicial waiver that involves the prosecutor filing a petition with a juvenile court requesting that the juvenile court waive a juvenile to adult court.

18. Slide 18 Judicial Waiver Discretionary judicial waiver laws usually vary based on two factors: • The offenses they allow to be waived to adult court • The minimum age at which a juvenile can be waived to adult court

19. Slide 19 Judicial Waiver Before a judge makes the decision to waive a juvenile to adult court under discretionary judicial waiver, a waiver hearing will be held in juvenile court. waiver hearing: A hearing in which a prosecutor and defense attorney may present evidence on whether the juvenile should be waived to adult court.

20. Slide 20 Judicial Waiver In Kent v. United States, the U.S. Supreme Court ruled that a juvenile has the following rights if waived to adult court: Right to a hearing where evidence can be presented as to why the juvenile should not be waived to adult court Right to counsel at waiver hearings Right to access any reports and records used by the court in deciding the waiver Right to a statement issued by the judge justifying waiver to adult court

21. Slide 21 Judicial Waiver In addition, the Supreme Court has held that a juvenile court judge should consider the Kent criteria. Kent criteria: The factors established by the U.S. Supreme Court in Kent v. United States that a juvenile court judge should take into consideration when deciding whether to waive a juvenile to adult court.

22. Slide 22 Judicial Waiver Kent criteria: The seriousness of the alleged offense to the community and whether the protection of the community requires waiver. Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner. Whether the alleged offense was against persons or property.

23. Slide 23 Judicial Waiver Kent criteria (continued): The prosecutorial merit of the complaint. Whether the juvenile’s associates in the offense were adults. The sophistication and maturity of the juvenile. The record and previous history of the juvenile. The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the juvenile by the use of procedures, services, and facilities currently available to the juvenile court.

24. Slide 24 Judicial Waiver The second type of judicial waiver is mandatory judicial waiver, used in many states. mandatory judicial waiver: A type of judicial waiver in which a juvenile court judge must waive a juvenile to adult court if the juvenile court judge finds probable cause that the juvenile committed the offense.

25. Slide 25 Judicial Waiver Mandatory judicial waiver looks only at probable cause, not at the Kent criteria, in making the waiver decision.

26. Slide 26 Legislative Waiver Another mechanism for transferring juveniles to adult court is legislative waiver (also called statutory waiver). legislative waiver: A type of waiver to adult court in which a juvenile is automatically sent to adult court because of the type of offense that was committed.

27. Slide 27 Legislative Waiver A juvenile who has committed an offense covered by a legislative waiver statute is treated as an adult from the beginning of the judicial process.

28. Slide 28 Legislative Waiver One type of legislative waiver is referred to as statutory exclusion. statutory exclusion: A type of legislative waiver that excludes certain offenses, usually violent crimes, from the jurisdiction of the juvenile court.

29. Slide 29 Legislative Waiver A typical legislative waiver statutes states that a juvenile who commits murder, aggravated robbery, or aggravated sexual assault is automatically waived to adult court for prosecution.

30. Slide 30 Legislative Waiver A second type of legislative waiver is a “once an adult always an adult” law. “once an adult always an adult” law: A type of legislative waiver that mandates that all offenses a juvenile commits after having been waived to adult court and convicted will also be handled in adult court.

31. Slide 31 Prosecutorial Waiver A third type of waiver is prosecutorial waiver. prosecutorial waiver: A type of waiver to adult court that occurs when there is concurrent jurisdiction between juvenile and adult courts and the prosecutor has the option of filing charges against the juvenile offender in either court.

32. Slide 32 Prosecutorial Waiver This method is the most controversial because it gives a great deal of discretion to the prosecutor, who is traditionally more concerned with retribution than rehabilitation.

33. Slide 33 Trends in the Use of Waiver to Adult Court The use of waiver to adult court is increasing. From 1992 to 1995, 40 states passed laws making it easier to try juveniles as adults. This legislative action has resulted in three trends:

34. Slide 34 Trends in the Use of Waiver to Adult Court • Laws that lower the age at which a juvenile can be waived to adult court • Laws that expand the number of offenses eligible for waiver to adult court • Modified legislative and prosecutorial waiver

35. Slide 35 Effectiveness of Waiver to Adult Court Determining the effectiveness of waiver is usually based on the answer to two questions: • Are most juveniles waived to adult court accused of violent offenses? • Do juveniles waived to adult court consistently receive more severe sanctions than are available in juvenile court?

36. Slide 36 Effectiveness of Waiver to Adult Court Studies have not definitely determined whether waiver is effective in meeting these two objectives.

37. Slide 37 Effectiveness of Waiver to Adult Court Waived youth are presumably the most serious and violent offenders in the juvenile justice system, yet there is no guarantee that they will receive a prison sentence if waived to adult court. Barry C. Feld called this the punishment gap.

38. Slide 38 Effectiveness of Waiver to Adult Court Punishment gap punishment gap: The discovery that juveniles waived to adult court for the first time are usually given the leniency accorded to first-time adult offenders.

39. Slide 39 FIGURE 9-4

40. Slide 40 MYTH FACT Once a juvenile is waived to adult court, it is rare for the case to be dismissed by the prosecutor. The prosecutor or the court dismisses charges in 25% of the cases waived to adult court.

41. Slide 41 Public Attitudes Toward Waiver to Adult Court Overall, the general public favors waiving juveniles to adult court if they are charged with committing a serious property crime, selling illegal drugs, or committing a serious violent crime. However, the public does not approve of sending these offenders to adult prisons.

42. Slide 42 Attitudes Toward Jailing Juveniles Convicted in Adult Court FIGURE 9-5

43. Slide 43 Attitudes Toward Jailing Juveniles Convicted in Adult Court FIGURE 9-5

44. Slide 44 Attitudes Toward Jailing Juveniles Convicted in Adult Court FIGURE 9-5

45. Slide 45 SELF CHECK • What is the purpose of waiving a juvenile to adult court? • Briefly describe the three types of waivers.

46. Slide 46 9.3 Blended Sentencing Traditionally, the juvenile and criminal justice systems have been separate, with no crossover in punishments.

47. Slide 47 Blended Sentencing In recent years, a new form of disposition and sentencing, known as blended sentencing has become popular. blended sentencing: Involves the imposition of juvenile and/or adult correctional sanctions for serious and violent juvenile offenders who have been processed in either the juvenile or adult court.

48. Slide 48 Types of Blended Sentencing The various types of blended sentencing are based on: • Where the case is processed (juvenile or adult court) • What sentencing options are available

49. Slide 49 Types of Blended Sentencing There are five types of blended sentencing:

50. Slide 50 Types of Blended Sentencing • Juvenile-exclusive blend juvenile-exclusive blend: The case is processed in juvenile court and, once the case is adjudicated, a juvenile offender may receive a sentence in either the juvenile or adult correctional system, but not both.