Juvenile Justice Chapter 8

Kent v United States

First U.S supreme court case in which it was ruled that juveniles facing waiver to adult court are entitled to some basic due process rights.

McKeiver v. Pennsylvania

U.S supreme court case in which it was ruled that juveniles are not entitled to trial by jury in delinquency proceedings.

In re Winship

U.S supreme court case that decided the standard of proof in juvenile delinquency proceedings is proof beyond a reasonable doubt. The Court ruled that when a juvenile is faced with a proceeding where incarceration might result, the standard of proof beyond a reasonable doubt. The Court noted that the stakes are substantially higher when a juvenile is charged with an act that would constitute a crime if committed by an adult The Court concluded that setting the minimum level of proof higher than preponderance of the evidence would not impose any burden on the juvenile court or change the nature of the proceeding, the informality o the proceeding, or the speed of the proceeding.

In re Gault

US Supreme Court case in which it was ruled that a juvenile in a delinquency proceeding is entitled to the essentials of due process, including right to notice of the charges, right to counsel, right to confront and cross-examine witnesses, and the right to remain silent.

NOT Constitutionally Guaranteed

Unlike most of the cj system, the juvenile justice system is ____________________ States are free to create, abolish, or alter the juvenile justice system at their will; much of the juvenile law varies from state to state, county to county, and city to city

Gault, Kent, Winship

Until these decisions, the juvenile justice system was not required to follow any formalized procedure or due process. The juvenile justice system was forever changes as a result of these landmark cases.

Kindly juvenile court judge

While acknowledging that due process requirements would introduce more order, formality, and in some cases aspects of the adversarial system, the Court ruled that the judge could still retain the ____________ The justices refused to extend these rights to all stages of juvenile proceedings and also did not extend all of the rights given to adults in criminal cases to juveniles

Right to treatment

While the right to rehabilitation treatment is grounded in the historical development of the juvenile court, it developed only recently into a legal right for challenging the conditions in juvenile facilities. Following Gault, several cases centered on complaints about conditions of confinement in juvenile facilities; these attempt to enforce the juvenile court's promise to provide rehabilitative care by asserting a "right to treatment" The courts have found that juveniles DO have a right to treatment under the Constitution and some state statutes The form of treatment and how treatment should be prescribed is generally left up to correctional authorities

Incorporate portions of adult criminal rights

Winship was one of the first cases in which the US Supreme Court began to selectively _____________into juvenile proceedings.

Curfew Laws

Curfew laws only apply to juveniles; status offense Juveniles' rights under the 1st, 4th, 5th, 9th, and 14th amendments are limited by curfew, truancy, and other status offenses. To be constitutional, a curfew law must adhere to two tests: 1. the law must demonstrate that there is a compelling state interest 2. the law must be narrowly tailored to serve the compelling state interest The Dallas Curfew exempted: 1. accompanied by an adult 2. engaged in activities related to interstate commerce or protected by the 1st amendment 3. traveling to or from work 4. responding to an emergency 5. married 6 attending a supervised school, religious, or recreational activity

Juvenile Right to Jury Trial

Denied by McKeiver v Pennsylvania decision States are free to enact statutes that extend this right if they so desire; GA does not allow Some reasons why states do NOT give juveniles the right to a jury trial: 1. the juvenile courts are unique 2. juv. court proceedings would become adversarial 3. juvenile courts are separate and UNequal 4. jury trials would introduce substantial delay into juvenile proceedings States that DO give juveniles the right to jury trial: 1. the proceedings sound criminal 2. the proceedings are more criminal than civil 3. jury trials are a due process right 4. there is little delay in juvenile court

In McKeiver - 4 Reasons for denying jury trials for juveniles

1. The Court stated that its decisions on juvenile justice thus far had already formalized and protected juveniles enough so that jury trials were unnecessary 2. Jury trials would put an effective end to what has been the idealistic prospect of an informal, protective proceeding. The Court did not want to abandon all of the rehabilitative goals of the juvenile justice system. A jury trial brings with it the traditional delay, formality, and clamor of the adversary system. 3. The Court stated that jury trials would not greatly strengthen the fact-finding function of the juvenile court and that nothing prevents juvenile court judges from using juries when they think it necessary 4. The Court stated that to grant jury trials would end the distinction between criminal and juvenile systems.

Felonies

1995 Georgia state legislation voted to open juvenile courtrooms to the general public to adjudicatory hearings for youth accessed of committing acts that would be ________if committed by adults or youth who have previously been adjudicated delinquent This provision also requires written notice to school officials of such adjudicatory proceedings.

Schall v. Martin

Court case that decided juveniles can be held in preventive detention prior to adjudication The Court ruled that the preventive detention of juveniles is constitutional and concluded that such a detention protects both society and the juvenile The Court found that the practice serves a legitimate regulatory purpose compatible with the "fundamental fairness' demanded by the Due Process Clause in juvenile proceedings In Shall v Martin, the Court for the first time permitted the states to restrain liberty for a reason other than to ensure the accused's presence at trial The basis for this confinement is a judge's independent determination that a juvenile is likely to engage in criminal behavior prior to trial

Bail

8th Amendment constitutional right but.... Adults can be held without bail and juveniles have not expressly been given the right to bail by the US Supreme Court Several states authorize bail for juveniles in their statutes; others specifically forbid the use of bail for juveniles

Expunging or sealing

Allows for the erasure or destruction of juvenile records once a juvenile reaches the age of majority All states but Rhode Island have provisions for expungement Some states seal and/or destroy all records, except those where a serious or violent crime was committed; the policy of sealing or expunging records remains in many states as a sort of reward for juvenile offenders Because the records are destroyed in expungement, court orders are almost always required Access to sealed records is strictly regulated; consent of the court is required to open sealed records Many states allow the record to be opened if the juvenile is convicted of another crime or adjudicated delinquent There is Not a constitutional right to seal or expunge juvenile records and a court may unseal records

Search and seizure

Although law enforcement searches of juveniles have not been directly addressed by the US Supreme Court, juveniles have fewer rights than adults concerning searches and seizures. Fourth Amendment DOES apply to juveniles. The exclusionary rule has not yet been directly applied to juvenile proceedings by the US Supreme Court The US Sup Ct has not decided cases regarding a juvenile's rights in many common police practices (temporary detainment, temporary protective custody, or arrest) Many states and courts require that police have probable cause prior to taking a juvenile into custody In many states, the police often need only a reasonable suspicion to detain a juvenile rather than the probable cause required to arrest an adult. A juvenile can be taken into custody without a warrant if the law enforcement officer reasonably believes the juvenile to be delinquent, dependent, abused, neglected, or a status offender

Centralized record keeping and storage

At one time juvenile records were haphazardly collected or not collected at all Today, the record of a juvenile disposition is frequently located only in the county where the offense occurred. The formalized collection and the storing of juvenile records are changing In 1995, four states took legislative action that addressed centralization of juvenile justice records: Alaska - DNA registry for 16 & up Iowa - aggravated misdemeanors Minnesota - created a report for info tracking Texas - Dept of Public Safety statewide juv info system in 1992, the FBI reversed its previous policy and began allowing states to submit records on serious juvenile offenses and to maintain those records in the FBI's national criminal history system In addition ,the FBI would disseminate juvenile criminal history info the same as it currently does adult info; states may choose whether to submit juvenile record info to the FBI

Breed v. Jones

Case in which the U.S. Supreme Court ruled that juveniles are protected against double jeopardy by the U.S. Constitution

Fare v. Michael C.

Case that established ground rules for determining whether a juvenile has knowingly and voluntarily waived his or her rights The US Supreme Court had to decide under what circumstances a juvenile, without consulting a parent, attorney, or other interested adult, can make an intelligent, understanding, and voluntary waiver of his/her rights. The Court applied the Totality of Circumstances approach as the standard applicable to juveniles. The determination of the validity of a waiver of rights should not be based on any one characteristic or procedure, but should be based on all of the relevant circumstances of the case.

Get Tough

Changes in the attitudes toward juvenile crime reflect a desire to _______ on juvenile crime or hold juveniles more accountable for their actions. As a result, many scholars and juvenile justice philosophers have begun to question whether juveniles should receive greater rights than adults in proceedings which can result in long terms of incarceration.

Confidentiality of juvenile court proceedings

Even though early juvenile justice legislation did not include specific provisions for protecting the _______________________________ or records, confidentiality was practiced by most early juvenile courts where it was thought to provide the juvenile with a measure of protection against being labeled a criminal and the inhibiting effects on a youth's rehabilitation

Preponderance of the Evidence

Evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it. Sometimes referred to as more than 50 percent, more than half of the level of certainty Standard of proof in civil court

Factors Surrounding the issues of juveniles' waiver of rights

Facts surrounding..... Only a small percentage of juveniles are capable of understanding their rights, let alone being able to knowingly and intelligently waive them. Thomas Grisso researched the capacity of juveniles to waive their rights and found: 1. Juveniles demonstrated less comprehension than adults of the actual Miranda Rights 2. Juveniles demonstrated less understanding of the words used in Miranda warnings 3. Juveniles, more than adults, misunderstood the right to counsel 4. Although most juveniles understood the meaning of the right to remain silent, many did not grasp the comprehensiveness of the right, believing that they could later be punished for exercising the right and be made to tell their criminal activity.

In re Gault Details

Gerald Francis Gault; 1967 Supreme Court case The Gault case would firmly establish the concept that parens patriae was not an excuse to abuse or neglect the rights of juveniles The question for the Court in the Gault case was "Does a juvenile have due process rights during the adjudication stage of a delinquency proceeding?" The Supreme Court did affirm and extend procedural rights to juveniles in delinquency proceedings. It did NOT specifically grant juveniles all of the procedural rights given defendants in criminal proceedings Rights it DID Grant: (4 Fundamental Due Process Rights) 1. Right to reasonable notice of the charges 2. Right to counsel as well as appointed counsel if indigent 3. Right to confront and cross-examine witnesses 4. Right against self-incrimination, including the right to remain silent

Incommunicado

Holding a person charged with a crime without allowing him or her to communicate with anyone The Court ruled that isolating a juvenile for long periods of time may result in involuntary confessions The US Sup Ct also established ages as a factor in determining whether or not a confession was voluntary

Confidentiality provision

In cases processed over the past 25 years, the courts have disregarded the ________________________ when it impedes the constitutional rights of another

Most Important Case

In re Gault is the ___________________________ decided by the US Supreme Court in the area of juvenile justice The case moved juvenile delinquency adjudications from an informal, almost secret proceeding into a more formalized, consistent process. The case serves as a foundation for all other significant cases related to the juvenile justice system and juvenile rights It signaled the end of the traditional model of juvenile justice and the beginning of the Due Process Model of juvenile justice.

Incarceration of the offender

In re Gault; One reason the US Supreme Court decided to grant juveniles some due process was that many juvenile court proceedings ended the same as criminal proceedings, which is ________________________

Due Process Protections

In re Gault; The Court reasoned that whatever the terminology and/or stated purpose, when the end result was loss of liberty, _____________________ must be followed.

Punitive and Accountability-Based

In recent years, the fundamental purpose of the juvenile justice system has been altered in several states. The move to a more _____________________ juvenile justice system has facilitated the rewriting of juvenile law in several states.

Selectively incorporate

In the years following Gault, the US Supreme Court would ________________ portions of the Constitution into juvenile proceedings; one such area is in the standard of proof necessary for conviction.

McKeiver v. Pennsylvania Details

Joseph McKeiver (16) charged with robbery, larceny, and receiving stolen goods; adjudicated in juvenile court. At his delinquency proceeding, he requested a trial by jury and was denied. He was adjudicated as a delinquent and placed on probation. He appealed, the US Supreme Court refused to apply the right to a jury trial to juvenile proceedings. The decision in McKeiver clearly showed that the Court was unwilling to create a "junior criminal court: where there would be no distinction in process other than the age of the defendant. Further, they were not ready to eliminate the juvenile justice system entirely. The rights granted to juveniles would proceed haphazardly on a case by case basis with many states adopting rights and procedures that differ from other states.

Breed v. Jones Details

Juvenile Gary Breed (17); found delinquent in a juvenile proceeding and then transferred to criminal court for a criminal proceeding. The US Supreme Court ruled that double jeopardy applied and prevented a juvenile from being tried twice for the same crime.

Juvenile Right to Counsel

Juvenile Right to Counsel... The US Supreme Court in In re Gault stated that a juvenile is entitled to an attorney, and if the child could not afford one, one would be appointed. The Court further defined the role of an attorney in juvenile justice. The US Supreme Court decided that juveniles are entitled to an attorney only after adversarial proceedings have commenced against them. The majority of states are less protective of a juvenile's right to counsel in that they make appointment of counsel discretionary or do not provide strict waiver requirements. While the right to counsel exists, provision of an attorney to juveniles is conditional in many states.

Three Strikes Laws

Mandate that three felony convictions result in life imprisonment Some states use juvenile records and count them against them as adults in the 3 strikes law; adult courts frequently use juvenile records in sentencing determinations Most states have statutes that prescribe the inclusion of a juvenile record in a pre-sentence report or authorize the adult court or consider a defendant's juvenile record in sentencing

Serious Offense

Most states require or permit the court to open juvenile proceedings if the case involves a __________________ or if the youth is a habitual offender.

Three trends in juvenile records

Neil Miller; expert in juvenile records 1. More juveniles are subject to transfer to adult court 2. Juvenile justice record information is increasingly available outside the juvenile system 3. Integration of juvenile and adult records is increasing

Due Process Revolution

Period of time during the 1960s and early 1970s when the U.S. Supreme Court made several rulings that created or applied additional due process protections to juvenile justice Before these Court rulings, juveniles who came under the jurisdiction of the juvenile court were denied most of the basic rights and due process available in the criminal courts because it was presumed that the fundamental purpose of the juvenile court was to be different from that of the criminal court.

Policy initiatives regarding juvenile records

Policy initiatives in this area focus on five issues: 1. Centralized record keeping and storage 2. Who has access to juvenile records 3. Information sharing 4. Use of juvenile records in subsequent proceedings or sentencing 5. Sealing and expungement

Prior to landmark decisions

Prior to landmark decisions by the US Supreme Court in juvenile justice, juvenile were: 1. arrested without warrant or cause 2. interrogated by police at length without parental notification or legal counsel 3. not advised of any rights 4. incarcerated for lengthy periods at the whim of a juvenile court judge.

Procedural Rights

Rights that govern the process by which a hearing or court action will proceed Brought on by several landmark US Supreme Court juvenile cases

Substantive Rights

Rights that protect an individual against arbitrary and unreasonable action

Interrogations and confessions

Several states do require that a juvenile's parents be present, that a lawyer is present, or that the juvenile receive counsel and guidance concerning his/her rights prior to police questioning. (interrogations and confessions)

Per Se Test

Something is required in all circumstances regardless of the facts of a case

Juvenile Proceedings

State legislation established laws to protect the anonymity of the child and the confidentiality of the proceeding. Many older court cases involving juveniles do not include their full name or use a fictitious name in the case title The shift in juvenile justice to a more punitive, more accountability-based system has resulted in the eroding or elimination of many of the early systems' confidentiality provisions. Many state statutes now explicitly authorize fingerprinting and photographing as well as centralized record keeping. To the use of juvenile records for additional and future court proceedings, the right of the juvenile to remain anonymous and to have the proceedings kept confidential is becoming outdated in many states

Juvenile records

States have moved to make accessing juvenile criminal history records easier The juvenile justice system might better serve a juvenile if the agencies and staff that deal with the juvenile had access to his/her records Juvenile justice systems are increasingly sharing info with schools due to school safety issues, the need to monitor offenders, and in response to society's pressure to increase a juvenile offender's accountability. GA juveniles adjudicated as sex offender do NOT have to register

Victims' Rights in Juvenile Justice

States typically have victim bill of rights amendments in their constitutions, some specifically include victims of juvenile crime Some of the juvenile victims-of-crime legislation includes provisions for: 1. Notifying the victim upon release of the offender from custody 2. Increasing opportunities for victims to be heard in juvenile court hearings 3. Expanding victim services to victims of juvenile crime 4. Establishing authority for victims to submit a victim's impact statement 5. Requiring victims to be notified of significant hearings 6. Providing for release of the name and address of the offender and the offender's parents to the victim upon request 7. Enhancing sentences if the victim is elderly or handicapped In cases where juveniles are assessed restitution, the amounts are frequently very large and the juvenile frequently owes an insurance company and not the direct victim who had already been compensated for his/her loss by insurance

Publish

The Court has also ruled that a state law that made it illegal to ______________ the name of a juvenile charged with a crime is unconstitutional

Probation status

The Court has ruled that despite state confidentiality laws, the _________________of a juvenile witness could be brought out during cross-examination at trial

Institute for Judicial Administration/ABA Joint Commission

The Institute for Judicial Administration/American Bar Association (ABA) Joint Commission on Juvenile Justice Standards developed standards that require children to be represented by counsel in all proceedings arising from a delinquency action, beginning at the earliest stage of the decision process. Research conducted by the ABA discovered a number of problems in children's representation: 1. annual caseloads of more than 500 cases, with up to 300 of these being juvenile cases 2. lack of resources for independent evaluations, expert witnesses and investigatory support 3. lack of computers, telephones, files, and adequate office space 4. the inability to keep up with rapidly changing juvenile codes. Heavy caseloads appear to be the most significant barrier to effective representation.

Fare v Michael C. Factors

The US Sup Ct mandated in Fare v. Michael C that several factors be taken into account under the totality of the circumstances framework to determine whether a confession was knowingly and voluntarily given: The juveniles age Education Knowledge of the substance of the charge Knowledge and understanding of his/her rights Whether the juvenile is allowed contact with parents The methods used in interrogation The length of interrogation

Juvenile rights at school

The US Sup Ct ruled in 1975 that students who face temporary suspension from school have liberty interest that require due process protection. Students facing suspension must receive notice of the charges, an explanation of the evidence if the student contests the charges, and an opportunity to be heard on the charges. This process must occur prior to the suspension, if possible Many fundamental rights are not granted to students, including the unlimited right to free expression; free speech rights of students in public schools are not necessarily as extensive as the rights of adults in other settings. Another area of debate is the use of corporal punishment in school Several states and school systems have rules and legislation that specifically allow corporal punishment in schools and delineate when and how it should be applied. Other issues involving school safety and school-related violence have come to the forefront of public scrutiny. Many states now require that juvenile courts report the adjudication of certain offenses to the local school system; particularly involving drugs or weapons Many schools have adopted "zero tolerance" policies regarding drugs, weapons, or violence. These policies raise several issues regarding students rights, including searches, seizures, and statements or confessions Courts have held that school authorities may question a student without giving a Miranda warning, although much of that case law is predicated on the recognition that school personnel are not law enforcement personnel or even agents of the police

Concluded in In re Gault

The US Supreme Court _____________________ that the original purposes of the juvenile court (that a fatherly judge would look into each situation thoroughly and prescribe a treatment plan to save a juvenile from a life of crime) were NOT being served. Juveniles were not being rehabilitated by the juvenile system The US Supreme Court decided that the essentials of due process were needed not only to protect juveniles, but to aid in their treatment.

Kent v. United States Details

The US Supreme Court considered whether a juvenile was entitled to due process in the juvenile system. The Court examined the waiver provision of the District of Columbia Juvenile Court Act in reaching its decision. The Act explicitly stated the circumstances in which juveniles could be waived to adult court and required that a full investigation be conducted prior to waiver. However, the Act did not state any elements that must be considered in making the decision to waive. The Court stated that juveniles could not simply be waived to adult court because a juvenile court wants to or as a matter of routine, The court ruling required a judgment in each case based on an inquiry not only into the facts of the alleged offense, but also into whether the parens patria plan of procedure was desirable and proper in each particular case. The Court concluded that juvenile justice was seeking to serve a noble purpose, but it noted that many juvenile courts lacked the personnel, facilities, and techniques to perform adequately in a parens patriae capacity The US Supreme Court's ruling stopped short of requiring due process in all juvenile proceedings. The rights given in Kent were applicable ONLY in waiver proceedings; as a result the Kent decision was limited in scope. The case marked the first time the Court was willing to extend due process rights to juvenile proceedings. Many of the statements made in the decision foreshadowed a much more important case where juveniles were given many of the due process rights that were already required in adult criminal proceedings: In Re Gault

Close proceedings

The US Supreme Court has affirmed the right of courts, in general, and juvenile courts, in particular, to ______________ to the press and public. The Court has also ruled that news organizations can publish or broadcast juvenile names and other info once they obtain this info Now almost all states allow public release of a juvenile offender's name and photos, in some circumstances; typically violent or serious crimes or repeat offenders

Medical Model

The basic philosophy behind the creation of the juvenile court. The court was more of a hospital where juveniles went to be cured of their illness; prior to the 1960's The goal of a juvenile proceeding was to "cure" a wayward juvenile

Juvenile waiver of rights

The circumstances under which a juvenile is permitted to waive his/her constitutional rights depends on the state in which the case takes place The US Supreme Court has decided on a particular case that outlines a test to determine whether or not a juvenile's waiver of rights was knowing and voluntary (the adult standard) Fare v. Michael C. The Court has NOT rules on a per se test or circumstance under which juveniles can or cannot waive their rights. The Court applied the totality of circumstances to determine if a juvenile's waiver of rights was knowing and voluntary. States are free to impose more stringent requirements on the waiver of juvenile rights than are required by the courts.

New Jersey v. T.L.O.

The court decision that School Officials only need Reasonable Grounds, not probable cause, to search a student when they suspect that the search will turn up illegal evidence. (or suspect of violating school rules) School officials do not have to have a warrant, nor do they have to have probable cause to justify a search. The privacy interests of a student are outweighed by a higher level of need for school officials to maintain security and a healthy school environment. While the rule enables school officials, it does NOT apply to police officers who are still bound by probable cause requirements 2009, the US Sup Ct placed restrictions on strip searches in public schools

Proof Beyond a Reasonable Doubt

The facts and evidence are entirely convincing and satisfy that the person committed the act beyond any reasonable doubt, sometimes equated with 95 percent certainty. This is the standard in criminal courts for conviction; in civil court the standard of proof is a preponderance of the evidence

Parens Patriae and In Loco Parentis

The freedom of the juvenile court to intervene in the lives of children and family was rooted in these two doctrines parens patriae - "parent of the country" in loco parentis - "in place of the parents" These principles led to the belief that when children came into contact with the juvenile justice system, they were not being charged with a crime. The juvenile justice system served as a parent and intervened for the best interest of the child.

Preventive Detention

The holding of a juvenile without bond or bail prior to his or her adjudication hearing

Hands-Off Approach

The idea that day-to-day operations of the juvenile justice system should be left up to the professionals working in the system without court review or intervention The juvenile justice system has received little specific attention from the US Supreme Court; relatively few juvenile court cases have been heard before the court

Civil Nature of Juvenile Proceedings

The juvenile court was operated and proceeded similarly to a civil court rather than a criminal court The court was less formalized procedurally than the adult criminal court in order to allow the court flexibility to deal with individual juveniles and tailor a treatment program to fit each juvenile's needs. This flexibility was questioned as it became clear that abuses were occurring with regularity in the juvenile system

Differs

The juvenile justice system __________ from the cj system in terminology, purpose, law, and procedure

Miranda Rights

The right to remain silent, the right to an attorney, and the right to indigent appointment of an attorney

Totality of Circumstances

The test used to determine if a juvenile's waiver of rights was knowing and voluntary

Juvenile correctional law

There are no US Supreme Court and few federal cases dealing specifically with juvenile or juvenile facilities; it is assumed by many that the adult standards apply to juveniles One method that is increasingly being used as an attempt to ensure the civil rights of incarcerated juveniles is civil action by the Department of Justice against a juvenile facility under the Civil Rights of Institutional Persons Act (CRIPA) CRIPA allows the US Attorney General to file a federal complaint against a juvenile facility when there are systemic violations of the rights of youth. Incarcerated juveniles rarely file court cases concerning their conditions of confinement or their legal rights; perhaps because there is a lack of formalized procedures and a lack of access to legal resources Several states do not allow appeals from juveniles; most states do not restrict or even address this right A federal case concluded that incarcerated juveniles have a right to access to the courts, including access to a lawyer, and access to legal assistance

Minimum standards

There are some _____________ and procedural rights that are available to juveniles as the result of US Supreme Court Cases and juvenile law. States are free to add to or alter these rights and procedures as long as they conform to the federal case law.

Adult Criminal Trials vs. Juvenile Adjudicatory Proceedings

There is no central authority or body of laws that govern all juvenile justice systems or juvenile law in general. Attempts have been made to provide uniformity to juvenile law The Uniform Juvenile Court Act of 1968 (UCA) outlined several fundamental rights that adults have in criminal cases and applied them to juvenile proceedings. Some of these rights include legal representation, rules of evidence, right against self-incrimination, right to confront witnesses, and several others. Juvenile law and procedure vary greatly when compared to adult proceedings from state to state.

Four Landmark US Supreme Court Decisions

These four decisions mandated fundamental due process in juvenile justice. Each case outlined what form the process would take as well as what rights juveniles accused of a crime would be afforded. Kent v. United States In Re Gault In Re Winship McKeiver v. Pennsylvania

Fingerprinting and Photographing Juveniles

Traditionally, law enforcement officers were either prevented from fingerprinting and photographing juveniles or, at least, these records had to be kept confidential Fingerprinting juveniles has become more common Currently, all states authorize police to fingerprint detained juveniles under certain circumstances; it is limited in some states on the basis of the type of crime or age limitations. Some states have a minimum age (most commonly 14), and others limit fingerprinting of juveniles to those taken into custody for acts that would be felonies if committed by an adult Several states now require photographs be taken with fingerprints at the time of the juvenile's arrest Many states have repealed laws that prevented the fingerprinting and photographing of juveniles in response to increasing demands for more accountability in juvenile justice. Federal Law Requires that when a juvenile is found guilty of an act that would be a Violent Felony if committed by an adult, the juvenile must be photographed and fingerprinted. The federal court must send fingerprints, photos, and the record to the FBI if the juvenile has twice been adjudicated for a felony, or if the juvenile is 13 years or older and has been convicted of a felony crime of violence with a firearm.

Issues in juvenile law

issues in juvenile law: The full rights given to adults are still not given to juveniles. States generally have greater authority to restrict the rights of children than they do the rights of adults The decision as to which rights are applicable and which are not is now generally a case by case determination, and there are wide discrepancies among the states in the juvenile rights that are granted or restricted. Many states have fundamentally different purposes and philosophies behind their juvenile codes. The differences in rights given to adults and children are justified primarily because the courts have ruled that states have a more compelling interest in restricting juvenile than they do in restricting adults Special concerns about children provide the rationale behind many of the restrictions. Because their capacities of reason and emotion are not yet fully formed, children are more likely, in certain situations, to make decisions or to take actions that may cause serious damage to the children themselves or others, or may even alter the course of their entire lives. The US Supreme Court suggested that restrictions of juvenile rights need only serve a "significant state interest...not present in the case of an adult" The US Supreme Court has refused to apply a consistent standard that governs all juvenile rights or the restriction of those rights.