Charged as Adults?
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Ch720281329_PowerPoint28129.pptxIntroduction to Criminal Justice Fayetteville Tech Custom Edition
Chapter 7
Juvenile Justice
Callie Rennison & Mary Dodge
Learning Objectives
After finishing this Chapter, you should be able to:
Discuss why the doctrine of parens patriae shapes and maintains the juvenile justice system.
List the major differences between juvenile courts and adult courts.
Summarize the important Supreme Court cases with respect to juvenile rights.
Identify the various placement and treatment options for adjudicated juveniles.
Explain the process and reasons for transferring juvenile to adult court.
Juvenile Justice System
Built, in part, on the approach that youth need protection and understanding
Distinct from the adult CJS in that it reflects this perspective and has its own special terms and procedures
Focuses on rehabilitation and the best interests of the child
Brief History
Grounded in English common law as jurists began to formally recognize and pass established standards related to a child’s inability to form intent
Children under the age of 7 were infants and viewed as incapable of forming the intent necessary for serious criminal offenses
Older children, those over 14, were treated as adults
Accountability for the in-between ages depended on the ability to distinguish between right and wrong
Brief History
Development of a different system
In 18th century, children who engaged in wrongdoing were treated like adults
Patra Postetas established the father’s right to use strict discipline for unruly children
By 19th century, increased birthrates, immigration, and industrialization resulted in high numbers of dependent and destitute children
Brief History
Development of different system:
During 19th and 20th centuries, the child savers emerged as progressive reformers determined to improve treatment of juveniles
Believed children were not inherently bar or evil, but a product of their environments
Initiated efforts to build institutions designed to rehabilitate juveniles
House of Refuge provided shelter and structure dependent, neglected, and delinquent children
Brief History
True age of reform began in 1889 with the creation of the Juvenile Court
1899, Illinois passed the Juvenile Court Act designed to “regulate the treatment and control of dependent, neglected, and delinquent children” and opened the first juvenile specific court in Cook County
By 1945, all states have implemented some type of juvenile court
Brief History
Parens Partiae: In the best interest of the child
Latin for “parent of his country”
Gives the state the power to act as a child’s parent
Ex Parte Crouse: decided in 1838 by the Pennsylvania Supreme Court, expanded and reinforced the importance of parens patriae
Court determined that the state has a right and obligation to remove children from questionable households lacking in appropriate parental supervision
Juvenile Rights
In 1960s, several Supreme Court decisions changed the treatment of juveniles in the system and granted them many of the same due process rights outlined in the Bill of Rights
Kent v. US (1966):
Established procedural safeguards for juveniles charged with a serious offense
Court ruling set the stage for informal hearings, which entitled a child to counsel before the case was transferred to an adult court
Juvenile Rights
In re Gault (1967)
Supreme Court determined Gault was denied due process and overturned his sentence
Established rights for juveniles:
Notice of charge, legal representation, confrontation, and cross-examination of witnesses, and protection against self-incrimination
Juvenile Rights
In re Winship (1970)
Changed the standard of evidence for juvenile court
Guilt was based on preponderance of evidence and many of involved parties believed such a lengthy and punitive sentence should be based on stricter standards of reasonable doubt
Juvenile Rights
McKeiver v. Pennsylvania (1971)
Court held that juveniles brought to trial had no right to a jury trial
Majority opinion ruled that jury trials would create an adversarial system ignoring basic premise of the juvenile court and add substantial costs, delays, and unnecessary formality
Juvenile Rights
Roper v. Simmons (2005)
Addressed the use of capital punishment for juvenile offenders
5-4 decision, Court ruled that based on standards of decency the execution of minors violated the 8th amendment
Juvenile Rights
Graham v. Florida (2010)
Addressed the question about juveniles serving life sentences without parole
Life sentence without parole for a juvenile who did not not commit a homicide is cruel and unusual punishment
Contemporary Juvenile Justice System
Youthful offenders are typically considered an individual who is 18 years old or younger (can vary by state)
Juvenile delinquency refers to youthful offenders who engage in illegal acts (theft, burglary, robbery, property damage)
Status offenses: acts illegal only for juveniles (running away, truancy, possession of alcohol)
Contemporary Juvenile Justice System
Juvenile Justice and Delinquency Prevention Act of 1974
Designed to prevent delinquency and improve the juvenile justice system
As a result, the Office of Juvenile Justice and Delinquency Prevention was established to support community efforts to provide treatment and rehabilitation programs
Contemporary Juvenile Justice System
Rates of Juvenile Delinquency
In 1980s and early 1990s, juvenile offending rates increased substantially
Urban areas showed the highest arrest rates of juveniles
Contemporary Juvenile Justice System
Superpredators:
During 1990s, members of the public and politicians believed the country was headed into a never-ending wave of juvenile violence that would soon spin out of control
Fear of juvenile violence was further promulgated by the introduction of the juvenile superpredator by John Dilulio
Contemporary Juvenile Justice System
Superpredator:
Called attention to juveniles who recklessly engaged in violent, impulsive acts of murder, assault, robbery, and burglary
Despite Dilulio’s research, the wave of crime by superpredators was untrue
Contemporary Juvenile Justice System
Females: Juvenile Arrests and Serious Violence
In 2010, 29% of juveniles arrests involve female offenders
Juveniles females are not committing more violent offenses, but getting arrested for minor and status offenses
Contemporary Juvenile Justice System
Racial Disparities: Juveniles Arrests and Serious Violence:
Minorities represent a disproportionate number of arrested juvenile offenders
Law enforcement efforts to detect delinquent acts often focus on poor, minority neighborhoods where crime rates tend to be higher
Steps in the Juvenile Justice System
Police: first point of contact for juveniles, like adults
In most departments a juvenile officer or specialized unit is available to handle the case after a patrol officer makes an apprehension
Police hold a great deal of discretion when dealing with juveniles
Steps in the Juvenile Justice System
Problems between police and juveniles occur because juveniles often show little respect for authority
Law enforcement efforts to build community relationships have emerged in several programs:
D.A.R.E.
School Resource Officers
Steps in the Juvenile Justice System
Court: roughly mirror the adult system, but take a more informal path
Diversion decisions are generally based on information gathered from the victim of the act, the parts of the juvenile, and the juvenile, as well as a review of previous contacts
Goal of diversion is to keep youth low risk offenders from entering the more formal processing of the juvenile system
Steps in the Juvenile Justice System
Court: first step intake
Similar to an intitial hearing for adults
When they are taken to a detention center by law enforcement they meet with an intake officers, juvenile probation officer, or prosecutor
Steps in the Juvenile Justice System
Court: Intake
Several options:
Divert juvenile from the system and dismiss the case (20% of all cases are dismissed at intake)
Deferred status or informal probation: requires s/he stays out of trouble for a certain length of time in order for the charges to be dismissed
File for a petition for a court hearing
Issued If the intake officer believes the behavior of the juvenile warrants a more formal hearing and adjudication
Filing a waiver petition to transfer youth to adult criminal court
Steps in the Juvenile Justice System
Court:
When juveniles are not released to their parents before the adjudication by a judge, they may be detained in a secure facility
Detention hearing is held to ensure due process rights of juvenile are followed
Adjudication is like a criminal court trial in the adult system, proceedings are less formal
Currently provides no right to a jury trial for juveniles
Steps in the Juvenile Justice System
Disposition: after adjudication, a judge will decide on the best placement of a delinquent youth during disposition hearing
Probation department gathers background and current information on the juvenile and presents the material in a predisposition report
Steps in the Juvenile Justice System
Disposition:
Predisposition report:
Previous offenses, gang involvement, school performance, psychological evaluations, and/or interviews with parents, teachers, and school counselors
Steps in the Juvenile Justice System
Disposition:
Judge determines whether or not the juvenile becomes a ward of the state and then assumes responsibility of the child
Wide array of dispositions are available:
Restitutions/fines, therapy, psychiatric treatment, residential treatment facilities, house arrest and electronic monitoring, probation, day treatment/reporting centers, secure confinement
Steps in the Juvenile Justice System
Disposition:
Probation is most widely, but least effective, used disposition
Boot camps: military training model with regimented programming including physical drills, hard labor, and job skills training
Steps in the Juvenile Justice System
Aftercare: after a juvenile is released, either early or upon completing the disposition sentence, placed on aftercare
Equivalent to adults being placed on parole
Final phase of completing a sentence
Intensive Aftercare Programs (IAP) are designed to use both surveillance and treatment to facilitate the transition to high risk youth from confinement back into the community
Steps in the Juvenile Justice System
Intensive Aftercare Programs (IAP)
Principles:
Prepare youth for increasing responsibility and freedom in the community
Facilitating interaction and involvement between the juvenile and community
Working with the youth and community support systems required for the youth’s successful return to the community
Developing new resources and support for juveniles as needed
Monitoring and investigating the ability of the youth and the community to work productively together
Steps in the Juvenile Justice System
Waiving juveniles to adult courts:
Waivers are controversial because they undermine the doctrine of parens patriae
Two groups of juveniles are identified as more likely to be transferred:
Those who are beyond rehabilitation
Those worthy of greater punishment
Steps in the Juvenile Justice System
Types of waivers:
Judicial waiver: may occur when the offense is serious or the youth has a long history of involvement in the system
Prosecutorial direct files: prosecutors have the discretion to transfer a juvenile if they believe the offense and the offender warrant harsh punishment
Steps in the Juvenile Justice System
Types of waivers
Automatic waivers: determined by legislative action and transfer juveniles of certain ages designated in statutes for offenses like murder
Reverse transfer: allows a judge or prosecutor to send the case back the juvenile court
Victims
Today, most states provide victims of juvenile delinquency some or all of the rights afforded to those victimized by adults
