Juvenile Courts

1. Juvenile Courts Chapter Nineteen

2. History of the Juvenile Court • Progressive Movement: • Denounced the evils of child labor. • Pushed for legislation banning child labor. • First juvenile court created in Chicago, IL 1899. • The Child Savers. • Parens patriae (state as parent): • If parents failed in their responsibility to raise the child properly, the state could intervene to protect children’s welfare.

3. Juvenile Court: Emphasis on helping the child. Informal. Proceedings based on civil law. Proceedings are secret. No juries. Juveniles are summoned, have a hearing and are committed to residential placement. Adult Court: Emphasis on punishing or deterring the offender. Formal. Proceedings based on criminal law. Proceedings are open to the public. Right to a jury trial. Juvenile Courts v. Adult Courts

4. Juvenile Court Organization Juvenile courts are organized in one of three ways: • Juvenile Courts can be separated from other courts. • They can be a unit of the trial court. • They may be a part of the family court.

5. Defining Juveniles • Most states consider those under 18 a juvenile. • Three states establish the upper age of juvenile court jurisdiction at 15. • Eight states establish the upper age of juvenile court jurisdiction at 16. • Seventeen states establish the upper age of juvenile court jurisdiction at 17. • Juveniles can be transferred to criminal court and charged as an adult at earlier age (In 2000, only 1% of juveniles were actually transferred).

6. Upper Age of Juvenile Court Jurisdiction in States Insert figure 19.1, page 450 here.

7. Youngest Age at which a Juvenile May be Transferred to Criminal Court. Insert figure 19.2, page 451 here.

8. Juvenile Court Subject Matter Jurisdiction • Juvenile Delinquency: a violation of a criminal law that would be a crime if the act were committed by an adult. • Status Offense: an act that is illegal only for juveniles. • Truancy, runaway, or minor in possession of tobacco. • Child-victim petitions: involve neglect or dependency. • Battered children, children abandoned by their parents, and children who are not receiving proper education or medical care.

9. In re Gault • The due process clause of the Fourteenth Amendment applies to juvenile court proceedings. • Juveniles have: • The right to timely notice of the charges • The right to counsel • The right to confront witnesses • The privilege against self-incrimination

10. Other Important Juvenile Jurisprudence • McKeiver v. Pennsylvania: Juveniles do not have the right to a trial by jury. • Shall v. Martin: Preventive detention is allowed for juveniles. • In re Winship: Beyond a reasonable doubt is the burden of proof in juvenile delinquency cases. • Juvenile Delinquency and Prevention Act of 1974: Juveniles charged with status offenses shall not be jailed.

11. Courtroom Work Group • Judges • Assisted by hearing officers, referees, masters or commissioners. • Prosecutors • Defense Attorneys • Probation Officers • Become involved in the early stages.

12. Steps in the Juvenile Court Process • Delinquency (crime) • Summons: a legal document requiring the juvenile to appear in court. • Intake (initial hearing) • Cases begin with a referral. • Soon after the referral, the initial hearing is held. • Detention hearing • Petition

13. Steps in the Juvenile Court Process Continued... • Conference: equivalent to the preliminary hearing. • Evidence: gathering and suppression. • Plea Bargaining • Adjudicatory hearing: equivalent to the trial or plea. • Disposition: equivalent to sentencing. • Appeal

14. Disposition • Dismissal • Most common • Probation • Placement • Youths are placed in a residential facility for delinquents or status offenders, or otherwise removed from their homes and placed elsewhere. • Other dispositions • Fines, restitution, community service, and other referrals outside the court for services with minimal or no further court involvement anticipated.