Juvenile Justice Systems

Criminal Inclusive Blend

Criminal Court -CC has authority to impose a sanction involving both the juvenile and adult correctional systems

Criminal-Exclusive Blend

Criminal court -CC has the authority to impose a sanction involving either the juvenile or adult correctional systems

Adjudicatory Process

- equivalent to the trial in adult court 1. Judge reviews the charges 2. Judge hears the testimony 3. Judge decides whether or not the juvenile committed the offense

Pre-Disposition Report

-"pre-sentence" -a report concluding by a juvenile probation officer that details a juvenile's history. Used to make a ruling on the juvenile's disposition -draws up a plan for what the youth needs and how he or she can be helped

Juveniles in Jury Trials

-12 states presently mandate a jury trial for juveniles who request one during their adjudicatory hearings and who face the possibility of institutional confinement. -23 states deny juveniles the right to a jury trial

Typical Female Juvenile Offender

-13 to 18 years old - experienced academic failure, truancy, and dropping out -history of victimization, physical/sexual abuse -unstable background -mental issues -history of unhealthy (dependent) relationships -apt to be a member of color

Juvenile Justice Standard Project

-1971, Judge Irving R. Kaufman; comprehensive guidelines for juvenile offenders were designed that would base sentences on the seriousness of the crime rather than on the needs of the youth. -proposed guidelines represented radical philosophical changes and still are used to proponents to attempt to standardize the handling of juvenile law breakers

Adolescent Limited (AL)

-Begin offending during adolescence -Desist from offending around 18 years old

Youth Bureaus

-Chief August Vollmer -dissuade the youths from engaging in a life of crime -often called youth aide bureaus, juvenile bureaus, crime prevention bureaus

Disproportionate Minority Confinement

-Coalition for Juvenile Justice -brought national attention to the problem in the 1988 report to Congress

Determinate/Indeterminate Sentencing

-Determinate: sentence to confinement for a fixed or minimum period that is specified by statute -Indeterminate: no specific time period (5-10 years)

Life Course Persistent (LCP)

-Early onset of offending -Lifelong Course of Crime

Juvenile Contiguous

-Juvenile Court -JC has authority to impose a sanction that would be in force beyond the age of its extended jurisdiction

Personnel in Juvenile Court

-Juvenile Judge: most important role is to decide the legal issues that appear before the court - Referee: some states use these individuals as primary hearing officers, while disposition, if necessary, is left to the judge - Defense Attorney: can be an adversarial advocate for the child, a surrogate guardian, or parent to child, and an assistant to the court with responsibilities to the children - Prosecutor: is expected to protect society, but at the same time, to ensure that children appearing before the court receive their constitutional rights - Probation officer: acts as an intake officer, assesses the needs of children, writes reports, and supervises youth - Nonjudicial support personnel: these include volunteers, staff from agencies providing services to the court, and paid workers who perform routine administrative functions

Crossover Youth

-Juveniles in the child welfare system often cross into the juvenile justice system

4th Amendment

-Search and Seizure: right to privacy

Concentration Effects

-Wilson; labeled the effects of living in a neighborhood that is overwhelmingly impoverished. -Social transformation of the inner city has resulted in an increased concentration of the most disadvantaged segments of the urban African American population

Mapp V. Ohio

-affirmed 4th amendment -decision stated that evidence gathered in an unreasonable search and seizure- that is, evidence seized without probable cause and without proper search warrant- was inadmissible in court

Sampson & Wilson

-argue that macro-social patterns of residential inequality give rise to the social isolation and ecological concentration of the truly disadvantaged, which in turn leads to structural barriers and cultural adaptations that undermine social organization and hence the control of crime Answer 2 questions: (1) To what extent do African American rates of crime vary by types of ecological area? [differences in economic and family organization] (2) Is it possible to reproduce in white communities the structural circumstances in which many AA live? [white live in a better area w/less family disruption] -theory rejects both the individualist and materialist fallacies and instead develops a theoretical strategy that incorporates both cultural and structural arguments regarding race, crime, and urban inequality

Disposition Hearing

-equivelant to sentencing hearings in adult courts - 2 types - One occurs at the same time as adjudicatory hearing -bifurcated system: occurs after the adjudicatory hearing

Elizabeth Scott & Thomas Grisso

-evaluating differences between adults and youths, conclude that substantial differences exist between very young juveniles and adults in "moral, cognitive, and social development" -claim that the cognitive decision making abilities of adolescent and adults are similar only when non delinquent juveniles from middle-class backgrounds of above-average intelligence are compared with adults.

Feminist Theory of Delinquency

-examines adolescent female sexual & physical victimization at home and the relationship between experiences & their crimes -argues that the structural categories of gender, class, and race are more helpful than individual or sociopsychological explanations in understanding women's involvement in crime.

General Strain Theory

-females may experience harsh discipline, parental rejection, peer abuse, negative secondary school experience, homelessness, and a strong need for money. -males may be more likely because of strains concerning achieving higher aspirations

Decision Making

-formal/informal factors -formal: recommendation of the probation officer and the information contained in the social study investigation, or pre-dispostion report; seriousness of the delinquent offense; previous contact with the court; -informal: values and philosophy of judge; social and racial background of the youth; youth's demeanor; presence or absence of defense counsel; political repercussions of the alleged delinquent acts

Most important/influential police action towards juveniles

-friendliness, persuasion, threats, coercion, and force

New Ways to deal with Juveniles

-getting more organized to address childhood development and delinquency -police support prevention and referrals to community agencies

sequential hearing

-if a judge accepts the plea bargain, the judge will issue a predisposition at this time, and immediately assign a disposition in the case that will likely parallel those the juvenile may already have experienced earlier in their career

Processing Juveniles

-informal operations on the street [ex: officers might strike up friendship with youth] -informal operations at the station [ex: youths are taken to the station to discuss situation and released to parents] -combined informal and formal [ex: taken into custody and then released without further action] -formal processing [ex: taken into custody, booked, fingerprinted and sent to juvenile intake]

Consent Decree

-intermediate steps between informal handling and probation, and the decrees are used to place the child under the jurisdiction of the court without finding that the child is delinquent

Legal Rights of Arrested Juveniles

-legal rights in terms of search and seizure, interrogation practices, fingerprinting, and pretrial identification -fingerprinting: now more consistency in how they destroy the records after their purpose has been served -pretrial identification, photographing and placing juveniles in lineups are controversial but are taking place more frequently. Issue is with the stigma of the labeling of these youths once photographed

Compare Male and Female Offending

-males are more likely to offend -females are involved in use of alcohol and drugs at about the same rate as males -females who become prostitutes are likely to have been victimized at home (sexual abuse) -data does not show that girls are becoming more violent

Social Learning Theory

-males have higher rates of delinquency because they associate with delinquent peers (gangs). However, some females are exposed to delinquent models that reinforce delinquent behavior - often associated with older males, mixed sex or all male groups

Factors that influence Police

-nature of offense -citizen complaints -sex -race -socioeconomic status -individual characteristics -nature of police/juvenile interaction -departmental policy -external pressures in the community

Where is responsibility rooted in?

-notions that individuals know right from wrong -have developed a social conscience -feel guilty or remorseful over their actions -mentally sharp enough to know rules -dont have any disease that reduces their ability to get along in society -emotionally mature -know that their actions are hurting others

Prosecutorial Discretion

-occurs in states with concurrent jurisdiction -laws give prosecutors the authority to decide whether to try juveniles in either juvenile court or adult court

Less Favorable Attitudes toward Police

-older children -African Americans -boys -lower class youngsters

Female offenders have been treated unfairly because:

-society's disapproval of sexual activity -tendency to give females longer sentences to "protect" (Sarri) -keeping girls in detention longer than males -officials redefine girls to make them eligible for protectionist sanctions

Reverse Waiver & Blended Sentencing

-some state laws permit youths who are over the maximum age to be sent back to juvenile court -blended sentence involves a juvenile disposition and an adult sentence

Statutorial Exclusion

-statue dictates where a case is tried based on the age over which the juvenile court has jurisdiction

Police discretion

-the choice between two or more possible means of handling a situation confronting the police officer

Favorable Attitudes toward Police

-younger children -Caucasians -girls -middle and upper class youngsters

In Acted year that sentence / repeat offenders

.........

Sentencing Alternatives for Juveniles

1. Determinate: A new form of sentencing for juveniles 2. Indeterminate: Has led to the opinion that the juvenile justice system has been to soft on crime 3. Blended: Has been used to combine sentencing guidelines from both the juvenile and the adult systems

Juvenile Disposition Alternatives

1. Dismissal 2. Restitution' 3. Outpatient psychiatric therapy 4. Probation 5. Foster home placements 6. Day treatment programs 7. Community based residential programs 8. Institutionalization in mental hospital

Chesney-Lind's Four Propositions on the Feminist Theory of Delinquency

1. Girls are frequently victims of sexual abuse 2. Victimizers(fathers) may utilize official agencies (police) to keep victims at home and vulnerable 3. Run away and forced to live on the streets and become involved in various forms of crimes 4. Become involved in crimes that exploits sexuality

Biopsychological Factors

1. Stress and Anxiety 2. ADD/conduct disorder 3. Intellectual deficits 4. Early puberty maturation 5. Mental Health Issues

Changing Criteria for Waiver

1. seriousness of offense 2. whether offense was committed in an aggressive, violent, premeditated or willful manor 3. whether offense was against persons or property 4. whether there is evidence on which the grand jury maybe expected to return an indictment 5. desirability of trial and disposition of the entire offense 6. sophistication and maturity of the juvenile as determined by consideration of his home, environment, emotional attitude, and pattern of living 7. record and previous history 8. prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the juvenile.

Haley V. Ohio

1948: This case represents the first time that the U.S. Supreme Court extended to juveniles the constitutional rights of adults, determining that juveniles must receive due process.

Miranda V. Arizona

1966: Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.

Kent V. United States

1966: The Supreme court ruled that the juvenile had the right to a hearing prior to being transferred to adult court and also had the right to be present at the waiver hearing. The attorney representing the juvenile should have been given the social service reports and the judge must state the reasons for the transfer

In re Gault

1967: This U.S. Supreme Court case brought the process and constitutional procedures into juvenile courts. The court ruled that juveniles have the right to due process safeguards during confinement. The court did not give juveniles the right to a transcript of the proceedings or the right to appeal. This decision sent a strong message that the court did not want the informal juvenile hearing to turn into an adversarial trial

In re Winship

1970: The Supreme Court ruled that juveniles are entitled to proof "beyond a reasonable doubt."

McKeiver V. Pennsylvania

1971: McKeiver v. Pennsylvania, In re Terry, and In re Barbara Burrus were three cases heard by the Supreme Court to determine if juveniles should have the right to a jury trial. The court ruled no that if a juvenile is afforded this right, the juvenile proceeding becomes too much like an adult proceeding.

Breed V. Jones

1975: Because the juvenile was found guilty in a juvenile court, he should not have to stand trial again in adult court. This was considered to be double jeopardy.

Intermediate Correctional System

Also known as Youthful Offender Programs Intermediate (transitional) systems between the juvenile and adult systems provide an additional option for the juvenile. This option might take the form of a disposition where the juvenile is given one last chance at success in the juvenile justice system, with the threat of adult sanctions as a deterrent to re-offending.

Transfer to Adult Court

Because of the concern over violent juvenile offenders, states have pass laws permitting the transfer of juveniles to adult court through different methods called waivers. These children could be sent to an adult prison institution so this procedure is a very serious issue. Severity of offense and juvenile record are important factors in the decision to transfer a child to adult court.

Juveniles Sent to Prison

Institutionalized juveniles are particularly subject to sexual victimization and sexual assault. Richard E. Redding concluded: "Once incarcerated in adult facilities, juveniles typically receive fewer age-appropriate rehabilitative, medical, mental health and educational services, and are at greater risk of physical and sexual abuse and suicide."

Gregg V. Georgia

In 1976, Gregg v. Georgia, the Supreme Court ruled that the death penalty did not violate the Eighth Amendment. It did, however, stipulate that lower courts should consider special circumstances of the offender, such as age and circumstances of the crime.

Roper V. Simmons

In 2005, Roper v. Simmons determined that no juveniles who committed their crimes under the age of eighteen can be executed.

Life without Parole

In 2010 the U.S. Supreme Court ruled that juveniles may not be sentenced to life without parole for any crime short of homicide. At some point should juveniles be given a chance to show that they should be released? Life in prison without parole for juveniles gives no sense of fulfillment outside of the prison. There is no chance for reconciliation and therefore no hope, and no incentive for the juvenile to ever become a responsible adult.

Juvenile-Inclusive Blend

Juvenile Court -JC has authority to impose a sanction involving both the juvenile and adult correctional systems

Juvenile-Exclusive Blend

Juvenile court -JC has the authority to impose a sanction involving either the juvenile or adult correctional systems

Transfer or Waiver Hearing

The prosecutor files a motion to send the youth to adult court; this motion requires a "probable cause" hearing by a juvenile judge. Required for both mandatory judicial waiver and a discretionary judicial waiver. Judge determines case is legally sufficient, youth is transferred to criminal court. Probable cause not established, prosecutors motion is denied and case dismissed. Depending on the circumstances, the youth is referred back to probation department.

Juvenile Court Structure

The structure of juvenile courts varies from jurisdiction to jurisdiction. Some have separate juvenile courts to deal with legal problems of children. Small cities and rural areas often must rely on judges who sit on cases of the adult courts. Some areas have family court judges who hear both juvenile and domestics relations cases.

Community Based Interventions

community relations is a major focus when working with juveniles

Plea Bargaining

deal made between the prosecutor and the defense attorney. The defense attorney, after consultation with his or her client, agrees that the client will admit to committing a lesser offense if the prosecutor will drop the more serious charge The plea bargain keeps the Criminal Justice system moving because the defendant receives a lighter sentence and there is no need for an adjudicatory hearing. So the court's caseload is reduced.

Judicial Waiver

most widely used transfer mechanism, involves the actual decision making process that begins when the juvenile is brought to intake -varies by state

School Based Interventions

prevention programs targeting drugs, school safety, etc.

Gang-Based Interventions

youth service programs, gang details, and gang units