Charged as Adults?

Juveniles were not always considered a separate group of individuals for the criminal justice system to address. Historically, it has been the family’s responsibility to control and punish children. Eventually, the development of parens patriae took hold, which meant in the best interest of the child. This allowed the states to step in to control delinquent, unruly children when the family was unable to do so.

Beginning in the 1960s, the U.S. Supreme Court started to address juveniles’ rights in the criminal justice system. The court established that juveniles were entitled to many of the same rights as adults were. The court did decide that juveniles were not entitled to a trial by jury, since that would make the system too adversarial. The main focus and goal of the juvenile system was rehabilitation and treatment.

· Introduction: 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

· Juvenile Justice: A 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

· Certain people were incapable of forming the intent or action of committing a crime and identified “infants” as children too young to understand their actions and consequences

· Children under the age of 7 were considered 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

· Development of a Different System for Juveniles

· In the 18th century, children who engaged in wrongdoing were treated like adults in the penal system

· In the home, parents were responsible for controlling behavior

· Patria postestas established the father’s right to use strict discipline for unruly children

· By 19th century, increased birth rates, immigration, and industrialization resulted in high numbers of dependent and destitute children

· During 19th and 20th centuries, the child savers emerged as progressive reformers determined to improve treatment of juveniles

· Believed children were not inherently bad or evil but a product of their environments

· Initiated efforts to build institutions designed to rehabilitate juveniles

· Houses of Refuge, controlled by the state, provided shelter and structure for dependent, neglected, and delinquent children

· True age of reform began in 1899 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 had implemented some type of juvenile court

· Parens Patriae: 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; represents an important aspect of juvenile system, although the idea of the state assuming care of children is not without controversy

· The case of 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

· Establishing Juvenile Rights

· In 1960s, several U.S. 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 Rights

· Kent v. U.S. (1966): established procedural safeguards for juveniles charged with a serious offense

· The court ruling set the stage for informal hearings, which entitled a child to counsel before the case was transferred to an adult court

· In re Gault (1967): Supreme Court determined Gault was denied due process and overturned his sentence

· Established rights for juveniles:

· Notice of the charges, legal representation, confrontation, cross-examination of witnesses, and protection against self-incrimination

· In re Winship (1970): changed the standard of evidence for juvenile court

· Guilt was based on a preponderance of evidence, and many of involved parties believed such a lengthy and punitive sentence should be based on stricter standards of reasonable doubt

· McKeiver v. Pennsylvania (1971): Court held that juveniles brought to trial had no right to a jury trial

· Majority opinion ruled the jury trials would create an adversarial system, ignoring one basic premise of the juvenile courts and adding substantial costs, delays, and unnecessary formality

· Roper v. Simmons (2005): addressed the use of capital punishment for juvenile offenders

· Simmons was tried as an adult and sentenced to death

· 5–4 decision, Court ruled that based on standards of decency, the execution of minors violated the 8th Amendment

· Graham v. Florida (2010): addressed the question about juveniles serving life sentences without parole

· Life sentence without parole for a juvenile who did not commit a homicide is cruel and unusual punishment

· Eliminated sentences with life without parole for nonhomicide cases

· The 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)

· Juvenile Justice and Delinquency Prevention Act in 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

· Rates of Juvenile Delinquency

· In 1980s and early 1990s, juvenile offending rates increased substantially

· Urban areas showed the highest arrest rates of juveniles

· Superpredators

· During 1990s, members of the public and politicians believed the country was headed into a never-ending wave of juvenile violence that would spin out of control

· Fear of juvenile violence was further promulgated by the introduction of the juvenile superpredator by John Dilulio

· Called attention to juveniles who recklessly engaged in violent, impulsive acts of murder, assault, robbery, and burglary

· Despite his research, the wave of crime by superpredators was untrue

· Females: Juvenile Arrests and Serious Violence

· In 2010, 29% of juvenile arrests involved female offenders

· Juvenile females are not committing more violent offenses but are getting arrested for minor and status offenses

· Racial Disparities: Juvenile 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

· Loco parentis, a cornerstone concept in the juvenile justice system, means an institution or an agent of an institution can act in the best interest of the youth

· Problems between police and juveniles occur because juveniles often show little respect for authority

· Juveniles with hostile or aggressive attitudes toward officers are more likely to be arrested, which may also contribute to the relatively high number of minorities in the juvenile justice system

· Law enforcement efforts to build community relationships have emerged in several popular programs

· Drug Awareness Resistance Education (D.A.R.E.): designed to educate schoolchildren about the dangers of drugs

· School resource officers assigned to one school to interact with administrators, teachers, and students as part of community policing efforts

· Schools have adopted zero-tolerance approach

· Court: roughly mirrors the adult system but takes a more informal path

· Diversion decisions are generally based on information gathered from the victim of the act, the parents 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 into the more formal processing of the juvenile system

· First step is intake

· Similar to an initial hearing for adults

· When they are taken to a detention center by law enforcement, they meet with an intake officer, juvenile probation officer or prosecutor

· Several options available:

· 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 stay out of trouble for a certain length of time in order for the charges to be dismissed

· Terms of the conditions of deferred status are outlined in a document known as a consent decree

· File for a petition for a court hearing

· Delinquency petition is 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

· 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 the juvenile are followed

· Adjudication is like a criminal court trial in the adult system, but proceedings are less formal

· Ensures juveniles’ due process rights have not been violated

· Currently provides no right to a jury trial for juveniles

· 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

· Includes:

· Previous offenses, gang involvement, school performance, psychological evaluations, and/or interviews with parents, teachers, and school counselors

· Judge determines whether the juvenile becomes a ward of the state and then assumes responsibility of the child

· Wide array of dispositions are available:

· Restitution/fines

· Therapy

· Psychiatric treatment

· Residential treatment facilities

· House arrest and electronic monitoring

· Probation

· Day treatment/reporting centers

· Secure confinement

· Probation is most widely used but least effective disposition

· Boot camps: military training model with regimented programming including physical drills, hard labor, and job skills training

· Aftercare: after a juvenile is released, either early or upon completing the disposition sentence, placed on aftercare

· Equivalent to adults being placed on parole

· Designed to reduce recidivism by offering support and monitoring juveniles through supervision

· Aftercare is the final phase of completing a sentence

· Intensive aftercare programs (IAP) are designed to use both surveillance and treatment to facilitate the transition of high-risk youth from confinement back into the community

· Five guiding principles:

· Preparing youth for increasing responsibility and freedom in the community

· Facilitating interaction and involvement between the juvenile and the 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

· 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 to adult criminal court:

· Those who are beyond rehabilitation

· Those worthy of greater punishment

· Four types of waivers may be used in legal proceedings:

· 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 harsher punishment

· Automatic waivers: determined by legislative action and transfer juveniles of certain ages designated in statues for offenses like murder

· Reverse transfer: allows a judge or prosecutor to send the case back to the juvenile court

· Victims

· Today, most states provide victims of juvenile delinquency some or all of the rights afforded those victimized by adults