Post on 31-Dec-2015
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The Juvenile Justice System
The Juvenile Justice SystemWhen first created was viewed as quasi-
social welfare agencyParens patriae – system acts as a
surrogate parent in the interests of the child
The interest of the child are the primary concern and can be protected by many policies, not all criminal justice
Critic argue that the juvenile justice system is outdated and should be focused on punishment.
The History of Juvenile JusticeSeparating juveniles from adults can be
traced back to two developments in English custom and law:The development of poor laws – 1535 English
passed statutes called “poor laws” that mandated appointment of overseers to place neglected children with families
The chancery court – concerned primarily with protecting property rights and welfare of more affluent minor children who could not care for themselves
The History of Juvenile Justice (cont.) Care of children in early America
Youth who committed serious crime were treated as adults
Almshouses, poorhouses, workhousesChild savers began developing organizations to
help alleviate the burdens of the poor
The History of Juvenile Justice (cont.) The child-saving movement
Created programs for indigent youthsNew York House of RefugeBoston House of ReformationChildren’s Aid Society
The History of Juvenile Justice (cont.) 1899 – First comprehensive juvenile court
created in IllinoisBest interest of the childPaternalistic rather than adversarialProbation department to monitor youths in the
communityReform schools
Juvenile Justice TodayHas jurisdiction over two categories of
offendersDelinquents – violate the law, commit an
offense in violation of penal codeStatus offenders – truants and habitually
disobedientPINS – Persons in Need of SupervisionCHINS – Children in Need of Supervision
Status Offenses
Volume and Age of Status Offenses
Juvenile Justice Today (cont.)States have set different maximum ages
below which children fall under the jurisdiction of the juvenile court
Some states exclude certain classes of offenders or offenses
Those that commit serious violent offenses may be automatically excluded, ‘waivered’ to adult courts
Creation of family courts
The Juvenile Justice System
Police Processing of the Juvenile OffenderAccording to UCR, police arrest more than
1.5 million juveniles under age 18 each yearMost police departments have separate
juvenile detectivesMost police may arrest for status offenses
Police Processing of the Juvenile Offender (cont.)Use of discretion
Decision to release or detain and refer to juvenile court
Decision based on offense, police attitudes, and child’s social and personal conditions
Factors significant to police decision making Type and seriousness of child’s offense Ability of parents to be of assistance in disciplining
child Child’s past contacts with police Degree of cooperation Denial of offense
Police Processing of the Juvenile Offender (cont.)Legal rights
Same 4th Amendment rights as adultsAfforded greater 5th Amendment protection
The Juvenile Court ProcessJuvenile court plays major role in controlling
juvenile behavior and delivering social services to children
Juvenile cases increased between 1960 – 1995
Since 1995 number has declined reflecting the overall decline in crime rate
The Juvenile Court Process (cont.)The intake process
Court officers screen child to determine if needs to be handled formally or whether the case can be settled without formal intervention
Opportunity to place child in a community program
More than half of referrals to juvenile courts never go beyond this stage
Police Processing of the Juvenile Offender (cont.)The detention process
Juvenile Justice Act of 1974Use of detention increased 41% between 1985
and 2000.Majority of those detained are whiteDisproportionate number of African-Americans
detained before trial
The Juvenile Court Process (cont.) Detention process (cont.)
Detention hearing required in most statesRight to counselProcedural due process rightsCriteria to support a decision to detain
Need to protect the child Decide if child a danger to the public Determine likelihood juvenile will return to court
for adjudication
The Juvenile Court Process (cont.) Reforming detention
Remove status offenders from lockupsDetention of youths in adult jailsOJJDP Grants
The Juvenile Court Process (cont.) Bail
Federal courts have not ruled on juvenile’s constitutional right to bail
Relatively few states use monetary bailRelease of child to parent or guardian viewed
as an acceptable substitute
The Juvenile Court Process (cont.) Plea bargaining
Exists for the same reasons as in adult courtsWhen child makes admission, courts require
the following procedural safeguards Child knows of the right to a trial Plea or admission is voluntary Child understands the charges and consequences
The Juvenile Court Process (cont.) Waiver of jurisdiction
Most jurisdictions provide by statute a waiver of offenders to the criminal courts
Factors considered are the child’s age and nature of the offense
Some states allow waivers only in felony cases
The Juvenile Court Process (cont.) Waiver of jurisdiction (cont.)
Kent v. United States (1966) – Court held that at the waiver proceeding juveniles must be afforded minimum requirements of due process of law, including right to counsel.
Breed v. Jones (1975) – Court held that prosecution of juveniles as adults in California Superior Court violated the double jeopardy clause of 5th Amendment.
The Juvenile Court Process (cont.)Waiver of jurisdiction (cont.)
Concurrent jurisdictionExcluded offensesJudicial waiverReverse Waiver
Effect of the waiver
The Juvenile Court Process (cont.) The trial
Initial appearance – similar to arraignment in adult court
Fact-finding hearingIn re Gault (1967)
Notice of the charges Right to counsel Right to confront and cross-examine witnesses Privilege against self-incrimination Right to transcript of trial record
The Juvenile Court Process (cont.) Disposition and treatment
Juvenile court judge imposes a sentence on the juvenile offender based on offense, prior record, and family background.
Bifurcated hearing processTypical juvenile court dispositions
Suspended judgment Probation Placement in a community treatment program Commitment to the state agency responsible for
juvenile institutional care Work camp
The Juvenile Court Process (cont.) Juvenile sentencing reform
Push for harsher sentencesMandatory and determinate incarceration
sentencesEffort to remove status offenders from juvenile
justice systemEffort to standardize dispositions in juvenile
courtsJuvenile drug courts
The Juvenile Correctional ProcessProbation
Most common sentence for juvenilesPlace under supervision in the communityGeneral conditions of supervision, control and
rehabilitative conditions
The Juvenile Correctional Process (cont.)Deinstitutionalization
Large institutions too costlySmall residential facilitiesPublic support for community-based programs
still exists in some areas
The Juvenile Correctional Process (cont.)Aftercare
Help youths make the transition from residential or institutional settings
ParoleProcedural protections in probation and parole
revocations
The Juvenile Correctional Process (cont.) Preventing delinquency
Designed to intervene before delinquent actsIn past was responsibility of treatment oriented
agenciesToday community treatment involves
combination of juvenile justice and treatment agencies Fast Track Program CAR/CASASTART Program