Chapter 15: Juvenile Justice

What are "super predators" and was the prediction correct about this threat?

- "Super predators" are youths that are more likely to cause crime. People must watch out for these children. - Moral panic, negative connotations towards these children. - Was completely wrong, juvenile crime was actually decreasing by -.5. - Unfortunately, this idea caused a lot of strict policies to made against children.

Intermediate Sanctions

- Account for 13% of adjudicated juvenile cases.

Adjudication

- Adjudication is the trial stage of the juvenile justice process. - If the child has not admitted to the charges and the case has not been transferred to the adult courts, an adjudication hearing is held to determine the facts in the case and if the appropriate to label the juvenile as a "delinquent."

Age of Clients

- Age normally determines whether a person is processed through the juvenile or the adult justice system. - The upper age limit for original juvenile court jurisdiction varies from 15 to 17.

The Refuge Period (1824-1899)

- Concerned the education and protection of youths. - These reformers focused their efforts primarily on the urban immigrant poor, seeking to have parents declared "unfit" if their children roamed the streets and were apparently "out of control." - The solution was to create institutions where these children could learn good work and study habits, live in a disciplined and healthy environment, and develop "character." - The first of these institutions was the House of Refuge of New York.

The "Kids Are Different" Period (2005-Present)

- Emotional and intellectual development also plays a role in how juveniles understand their rights according to the Constitution. - In recognition of the "Kids are Different" philosophy, several states are considering the abolition of juvenile waiver by increasing minimum age for adult trial to 18. - Some believe this philosophy should even apply to those children who are convicted of serious crimes.

Who is capable of intent?

- Generally a child over 7 is capable of intent. - 7-14 age can be held accountable for their actions.

Community Treatment

- Has become more common. - Community based options include foster homes, in which juvenile offenders live with families, usually for a short period, and group homes, which are often privately run facilities for groups of 12 to 20 juvenile offenders.

Disposition

- If the court makes a finding of delinquency, the judge will schedule a dispositional hearing to decide what action should be taken. - Typically, before passing sentence, the judge receives a predisposition report prepared by the probation officer. This serves to assist the judge in deciding on a disposition that is in the best interests of the cild and is consistent with the treatment plan developed by the probation officer. - Juvenile court advocates have traditionally believed that rehabilitation is the only goal of sanctions imposed on young people.

Probation

- In 60% of cases, the juvenile delinquent is placed on probation. Juvenile probation differs from adult probation in two ways: 1. Juvenile probation officers have smaller caseloads. 2. The juvenile probation officer is often infused with the sense that the offender is worthwhile and can change and that the job is valuable and enjoyable.

Institutional Programs

- Includes counseling, education, vocational training, and an assortment of psychotherapeutic methods have been incorporated into the juvenile correctional programs of most states. - However, research has raised questions about the effectiveness of these types of places.

Cases in the Juvenile Rights Period

- Kent v. United States: If a child is waived into adult court, they have the right to counsel. - In re Gault (1967): Due process rights are given to juveniles (notify of charges, counsel rights, etc.) - In re Winship (1970): Need evidence beyond a reasonable doubt for juveniles. - McKeiver v. Pennsylvania (1971): Don't have the right to trial by jury. - Breed v. Jones (1975): Can't be tried in both juvenile and adult courts for some crimes.

Police Interface

- Many police departments have special juvenile units in which the officers are trained to relate to the youth and is sensitive to the special needs of young offenders. - Most complaints against juveniles are brought by the police, although an injured party, school officials, and even the parents can initiate them, as well. - Initial decisions about what to do with a suspected offender are influenced by such factors as the predominant attitude of the community, the officer's attitude toward the juvenile, the juvenile's family, the offense, and the court. - The juvenile function of police work is concerned more about order maintenance.

Custodial Care

- Of those juveniles declared delinquent, 28% are placed in public or private facilities. - The # of juveniles put into these facilities has declined. - Policy makers are worried that African American males represent a large majority of this population. - Institutions are classified as either nonsecure or secure. Nonsecure placement (foster homes, group homes, camps, ranches) also include a significant amount of non offenders (youths that have been abused or neglected). Secure facilities, such as reform schools and training schools, deal with juveniles who have committed crimes and have significant personal problems.

Transfer (Waiver) to Adult Court

- One of the first decisions to be made after a juvenile is referred is whether a case should be transferred to the criminal (adult) justice system. - In 45 states, juvenile court judges may waive their jurisdiction. This means that after considering the seriousness of the charge, the age of the juvenile, the the prospects of rehabilitation, the judge can transfer the case to adult courts.

Corrections

- One predominant aim of juvenile corrections is to avoid unnecessary incarceration.

The Juvenile Court Period (1899-1960)

- Progressive reformers pushed for the state to provide individualized care and treatment to deviants of all kinds including juveniles. - They urged the adoption of probation, treatment, indeterminate sentences, and parole for juveniles. - Referred to as "child savers" these upper middle class reformers sought to use the power of the state to save children from a life of crime. - Reformers wanted a separate juvenile court system that could address the problems of individual youths by using flexible procedures. - Passage of the Juvenile Court Act of Illinois in 1899 established the first comprehensive system of Juvenile Justice.

Cases in the "kids are different period"

- Roper v. Simmons (2005): Unconstitutional to kill any juvenile under the 18 with the death penalty. - Graham v. Florida (2010): Juveniles can not receive life without parole, they can't recieve for non violent offenses. - Miller v. Alabama (2012): Juveniles cannot recieve mandatory life without parole if committed homocide.

Cases in the Crime Control Period

- Schall v. Martin: Juveniles can be held in preventive detention.

The Puritan Period (1646-1824)

- The earliest attempt by a colony to deal with problem children was the passage of the Massachusetts Stubborn Child Law in 1646. With this law, the puritans of the Massachusetts imposed the view that the child was evil, and emphasized the duty of the family to disciple youths. Those children who would not obey their parents were dealt with by the law.

Intake Screening at the Court

- The juvenile court processing of delinquency cases begins with a referral in the form of a petition, not an arrest warrant as in the adult system. When a petition is filed, an intake hearing is held, over which a hearing officer presides. During this stage, the officer determines whether the alleged facts are sufficient for the juvenile court to take jurisdiction or whether some other action would be in the child'd best interest. - Diversion

The Crime Control Period (1980-2005)

- The public demand to "crack down on crime" began in the 1980's. - Greater attention began to be focused on repeat offenders, with policy makers calling for harsher punishment for juveniles who commit crimes.

Pretrial Procedures

- When a decision is made to refer the case the court, the court holds an initial hearing. - Here the juveniles are informed of their rights and told that if a plea is given, it must be voluntary. - If the juvenile is to be detained pending trial, most states require a detention hearing.

The Juvenile Rights Period (1960-1980)

- When the US Supreme Court expanded the rights of adult defendants, however, lawyers and scholars began to criticize the extensive discretion given to juvenile justice officials. In a series of decisions, the US Supreme Court expanded the rights of juveniles. - In re Gault (1967) expanded due process rights to juveniles.

What are the four elements under the Juvenile Court Act?

1. A separate court for delinquent, dependent, and neglected children. 2. Special legal procedures that were less adversarial than those in the adult system. 3. Separation of children from adults in all portions of the justice system. 4. Programs of probation to assist the courts in deciding what the best interest of the state and child would entail.

What are four types of cases heard by the Juvenile Court system?

1. Delinquent 2. Status Offenses 3. Neglect 4. Dependency

What causes youth crime?

1. Drugs 2. Guns 3. Gangs

Juvenile Justice System

1. Juvenile Court Period (1899-1960): - "child savers"- middle class individuals trying to save the system. - Juvenile Court Act of 1899- Established first juvenile court system, separate legal issues, separate prisons. 2. Juvenile Rights Period (1960-1980): - Give juveniles similar rights as adults 3. Crime Control Period (1980-2005) - They are dangerous! We need to watch out for them and put them where they need to be! 4. "Kids are Different" Period (2005- Present) - Age of 16 is when kids can make rational choices. - Frontal lobe is not fully developed until 26. - Rehabilitation approach - Waiver- Child tried in adult courts, waivers reach an all time low in this period.

What are the sequence of steps taken in the juvenile justice process?

1. Police Interface 2. Intake Screening at the Court 3. Pretrial Procedures 4. Transfer (Waiver) to Adult Court 5. Adjudication 6. Disposition 7. Corrections

What are the four juvenile correction choices available?

1. Probation 2. Intermediate sanctions 3. Custodial care 4. Community treatment

What are the six periods of the American Juvenile Justice system?

1. The Puritan Period (1646-1824) 2. The Refuge Period (1824-1899) 3. The Juvenile Court Period (1899-1960) 4. The Juvenile Rights Period (1960-1980) 5. The Crime Control Period (1980-2005) 6. The "Kids Are Different" Period (2005- Present)

Despite internal differences, the juvenile justice system is characterized by two key factors:

1. The age of clients 2. The categories of cases under juvenile instead of adult court jurisdiction.

What are some key factors that influence how the police dispose of a case of juvenile delinquency:

1. The seriousness of the offense 2. The willingness of the parents to cooperate and to discipline the child 3. The child's behavioral history as reflected in school and police records 4. The extent to which the child and the parents insist on a formal court hearing 5. The local political and social norms concerning dispositions in such cases 6. The officer's beliefs and attitudes

The police must make three major decisions with regard to the processing of juveniles:

1. Whether to take the child into custody. 2. Whether to request that the child be detained following apprehension. 3. Whether to refer the child to court

Delinquent

A child who has committed an act that if committed by an adult would be a criminal act.

Dependent Child

A child who has no parent or guardian or whose parents cannot give proper care.

Neglected Child

A child who is receiving inadequate care because of some action or inaction of his or her parents.

Detention Hearing

A hearing by the juvenile court to determine if a juvenile is to be detained or released prior to adjudication.

PINS

Acronym for person(s) in need of supervision, a term that designates juveniles who are either status offenders or thought to be on the verge of trouble.

Status Offense

Any act committed by a juvenile that is considered unacceptable for a child, such as truancy or running away from home, but that would not be a crime if it were committed by an adult.

Status Offenses

Any act committed by a juvenile that is considered unacceptable for a child, such as truancy or running away from home, but that would not be a crime if it were committed by an adult. Ex. smoking under the age of 18, drinking under the age of 21, something that would not be illegal if you were of age, sexual promiscuous.

Miller v. Alabama (2012)

Bans mandatory life without parole sentences for juveniles convicted of homicide.

Roper v. Simmons (2005)

Execution of offenders for crimes committed while under the age of 18 is unconstitutional.

Aftercare

Juvenile justice equivalent of parole, in which a delinquent is released from a custodial sentence and supervised in the community.

Schall v. Martin (1984)

Juveniles can be held in preventive detention if there is concern that they may commit additional crimes while awaiting court action.

Breed v. Jones (1975)

Juveniles cannot be found delinquent in juvenile court and then transferred to adult court without a hearing on the transfer; to do so violates the protection against double jeopardy.

Graham v. Florida (2010)

Juveniles cannot be sentenced to life without parole for non- homocide offenses.

McKeiver v. Pennsylvania (1971)

Juveniles do not have a constitutional right to a trial by jury.

In re Gault (1967)

Juveniles have the right to counsel, to confront and examine accusers, and to have adequate notice of charges when confinement is a possible punishment.

Waiver

Procedure by which the juvenile court waives its jurisdiction and transfers a juvenile case to the adult criminal court.

Kent v. United States (1966)

The Supreme Court Ruled that juveniles had the right to counsel at a hearing at which a juvenile judge could waive jurisdiction and pass the case to the adult court. Courts must provide the "essentials of due process" in transferring juveniles to the adult system. If a child is waived into adult court, they have the right to counsel.

Diversion

The process of screening children out of the juvenile justice system without a decision by the court.

In re Winship (1970)

The standard of proof beyond a reasonable doubt applies to juvenile delinquency proceedings.

Parens Patriae

The state as parent; the state as guardian and protector of all citizens (such as juveniles) who cannot protect themselves. State taking the place as the parents. The state should step in and do whats best for the kids.