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Online4.pptxLegal issues in JUVENILE JUSTICE: criminal procedure in the juvenile courts part ii and iii
Department of Criminal Justice
Pike’s Peak Community College
Colorado Springs, Colorado
What we’ll cover in these two sections:
Differences in terminology
Review the juvenile court process
Review dispositions for juveniles
Review and understand the history behind the juv. system
Why focus on Juvenile Procedure?
Juvenile Crime increase between 1988 - 2008
the juvenile population has increased
thus, crime will increase
3 million arrested each yr
the crimes are more serious
serious Assault --- up 64%
Poss . of Weapon --- up 50%
Murder --- up 40%
Robbery --- up 50%
The Juvenile Justice Process has several objectives:
Rehabilitation
Help offenders live a productive life
Prevention
Discourage offenders
Discourage others
discourage recidivism
Incapacitation
Separate from Society
Protect the community
In the early history of the U.S.A.
Juveniles appeared in adult court
Were tried in adult court
Received sentences similar to adults
Were ‘adults’ in every way but age!
Yet had no constitutional rights
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TERMINOLOGY differences ADULT JUVENILE
crime
ARREST
booking
BAIL HEARING
CRIMINAL COMPLAINT
JAIL
TRIAL
SENTENCE
PLEAD GUILTY
Delinquent act
DETENTION
Intake screening
DETENTION HRNG.
Juvenile PETITION
JUV. HALL/SHELTER
ADJUDICATION
DISPOSITION
AGREE TO FINDING
INITIAL STAGES OF THE JUVENILE PROCESS
CRIME OCCURS & is reported
POLICE INVESTIGATE
JUVENILE IS IDENTIFIED/DETAINED
OPTIONS for police:
COUNSEL/RELEASE TO PARENTS
REFER/DIVERT TO COUNSELING
CITE TO INTAKE/RELEASE TO PARENTS
TRANSPORT TO detention center
DECISION MAKING IN JUVENILE LAW
On Initial Contact: POLICE MUST DETERMINE FOLLOWING FACTORS:
SERIOUSNESS OF OFFENSE
2 WISHES OF COMPLAINANT
3 DEMEANOR OF YOUTH
PAST HISTORY OF YOUTH
IF detained….
1st STEP IS “INTAKE SCREENING”
purpose: determine fitness to release
1st contact: INTAKE OFFICER
OPTIONS:
DETAIN PRIOR TO APPEARance
RELEASE OR REFER TO COMMUNITY RESOURCES (Foster Home?)
RELEASE TO PARENTS PENDING APPEARANCE IN JUV. COURT
Factors which may sway the intake officer
The minor's attitude.
minor has family or community support.
if the minor has an attorney. (less likely to dispose of informally).
The attitude of the parents
IF DETAINED ……
DETENTION HEARING IS HELD
OPTIONS:
RELEASE TO PARENTS
Remain in detention status
RELEASE, re-arrest, AND TRANSFER TO ADULT CRIMINAL COURT (SERIOUS CRIME)
“Tracking” of Juvenile Offenders
A release ‘option’
for less serious offenders
Juvenile is on ‘house arrest’
Must report all plans and travel
“Tracking Officer” may check @ home anytime
Violation of release = detention
“JUVENILE DIVERSION”
An alternative to prosecution
Typically for 1st time offenders
Refers the minor to counseling or other social services
Applies to about 50% of all cases.
DIVERSION is an option to PROSECUTION
For serious offenders
Incarceration (5-10% of juvenile offenses are for violent crimes)
Boot camp
Work release programs
Camps and ranches
Wilderness camps
Mental health (Sex offenders)
Drug treatment
The M’Naghten Rule and Juvenile Sex Offenders:
Some juveniles are classified as ‘Mentally Disordered Sex Offenders”
The legal rule of ‘Diminished Capacity’may apply
Insanity may be a reason for not filing charges
Serious offenders would be confined in institutions
Terms for Juvenile Detention Facilities:
Correct terms include:
Reform School
Training School
Youth authority
Never:
Juvenile prison
Juvenile penitentiary
video: “Caged Kids”
The History, Evolution and current status of juvenile institutions:
DEVELOPMENT OF JUVENILE COURTS IN THE USA
FIRST COURT IN CHICAGO – 1899
grantedAUTHORITY OVER:
PERSONS UNDER 16
WHO WERE DELINQUENT
or WERE DEPENDAN t (wards of court)
Or WHO WERE NEGLECTED (“ “)
2nd state to begin juv. Courts – colo.
Development in the USA
By 1945, all states had separate juvenile courts
In the 1960’s serious juvenile crime had risen drastically
In 1974, Congress passed the “Delinquency Prevention Act”
Only youths guilty of serious offenses could be committed to secure facilities
.
The first juvenile courts:
Operated on the principle of ‘Parens Patriae’
Were considered ‘civil’ court
Juveniles were not charged with crimes
Courts could impose controls without ‘proof beyond a reasonable doubt’
Sentencing focused on treatment
PROVISIONS, RULES AND REQUIREMENTS
COURT OVERSEEN BY SPECIAL JUDGE
HEARINGS IN SEPARATE COURTROOM
SEPARATE RECORDS kept
HEARINGS CLOSED TO PUBLIC
Criteria to be tried as an adult
Crime of violence
Other serious crime(s)
Lengthy record
Waivers of Jurisdiction
The process :
Prosecutor requests a ‘waiver of jurisdiction’
Juvenile petition is dismissed
Juvenile is re-arrested on a criminal complaint
All records are transferred from juvenile to adult court.
Options after a PETITION is FILED in JUVENILE COURT:
disposition agreed to (‘agree to finding’)
ADJUDICATION (TRIAL)
IF ADJUDICATED GUILTY:
DISPOSITIONS AFTER ADJUDICATION
THREE GENERAL CATEGORIES
“NOMINAL”
“CONDITIONAL”
CUSTODIAL
‘NOMINAL DISPOSITION’ Means
WARN AND RELEASE
informal probation
ANOTHER type of REPRIMAND ISSUED
community
service?
CONDITIONAL DISPO.
THE OPTIONS:
RESTITUTION ORDERED
FINE IMPOSED
COMMUNITY SERVICE IMPOSED
COMMUNITY SUPERVISION
SUSPENDED DISPO (A FORM OF INFORMAL COURT PROBATION)
CUSTODIAL DISPO
OPTIONS
TO A SECURE FACILITY
NON-SECURE FACILITY (such as)
FOSTER HOME
GROUP HOME
CAMP (Job corps)
RANCH
Alternative SCHOOL
The Five Early Detention Options for juvenile offenders:
House of Refuge
“Placing Out”
Reform schools
Cottage Reformatory
Institutional Reformatory
THE ROUTINE OF A HOUSE OF REFUGE IN THE EARLY 1900’S
For the minor offenders
WORK ethic….LEARN A TRADE
MILITARY RULES & DRILLS
RELIGIOUS & ACADEMIC TRAINING
WORK IN SHOPS to learn a useful trade
“PLACING OUT” – Some Non-violent offenders sent to:
FARMS and ranches
TO LEARN “IDEAL” VALUES IN A GOOD ENVIRONMENT
HARDWORK
DISCIPLINE
RELIGIOUS VALUES
REFORM, INDUSTRIAL OR TRADE SCHOOLS
For more serious offenders
DEVELOPED IN THE LATE 1800’S
THREE SEPARATE TYPES
“COTTAGE” REFORMATORIES
INSTITUTIONAL REFORMATORIES
FACILITIES FOR GIRLS
“COTTAGE” REFORMATORY
IN RURAL AREA OUTSIDE BIG CITY
USUALLY 20-40 YOUTHS
SUPERVISION BY “COTTAGE PARENTs”
PURPOSE: OVERSEE EDUCATION, CARE AND TRAINING
INSTITUTIONAL REFORMATORY
LARGER, custodial FACILITIES
OFTEN IN RURAL AREAS
Higher levels of security/confinement
AWAY FROM “NEGATIVE” CITY INFLUENCES
FREQUENT OVERCROWDING
CLIQUES, GANGS, FIGHTS
PRODUCED “BETTER” CRIMINALS
video: Colo. Boot camp
Slides End: Video “Boot Camp” in Colorado
Teen court: what is it?
a ‘diversion’ option
Or a ‘deferred’ sentence
not used with chronic offenders
a legally binding ‘alternative’ system of justice
young offenders are given an opportunity to make restitution for their offenses through:
community service
educational classes
and jury service
allows them to avoid fines and sentences
used in minor offenses and misdemeanors
.
Options to incarceration
Probation
Teen Court
Restorative Justice
The last two are ‘diversionary’ dispositions
Options after detention:
Release to parents
Release on ‘Tracking’
Detain in Juvenile Facility
