Chapter 15 The Juvenile Justice System

Chapter 15Chapter 15The Juvenile The Juvenile Justice SystemJustice System

The Juvenile Justice The Juvenile Justice SystemSystem

When first created was viewed as quasi-When first created was viewed as quasi-social welfare agencysocial welfare agency

Parens patriaeParens patriae – system acts as a – system acts as a surrogate parent in the interests of the surrogate parent in the interests of the childchild

The interest of the child are the primary The interest of the child are the primary concern and can be protected by many concern and can be protected by many policies, not all criminal justicepolicies, not all criminal justice

Critic argue that the juvenile justice Critic argue that the juvenile justice system is outdated and should be focused system is outdated and should be focused on punishment.on punishment.

The History of Juvenile The History of Juvenile JusticeJustice

Separating juveniles from adults can Separating juveniles from adults can be traced back to two developments be traced back to two developments in English custom and law:in English custom and law:– The development of poor laws – 1535 English The development of poor laws – 1535 English passed statutes called “poor laws” that passed statutes called “poor laws” that mandated appointment of overseers to place mandated appointment of overseers to place neglected children with familiesneglected children with families

– The chancery court – concerned primarily The chancery court – concerned primarily with protecting property rights and welfare with protecting property rights and welfare of more affluent minor children who could of more affluent minor children who could not care for themselvesnot care for themselves

The History of Juvenile The History of Juvenile Justice (cont.) Justice (cont.)

Care of children in early Care of children in early AmericaAmerica– Youth who committed serious crime Youth who committed serious crime were treated as adultswere treated as adults

– Almshouses, poorhouses, workhousesAlmshouses, poorhouses, workhouses– Child savers began developing Child savers began developing organizations to help alleviate organizations to help alleviate the burdens of the poorthe burdens of the poor


The child-saving movementThe child-saving movement– Created programs for indigent Created programs for indigent youthsyouths

– New York House of RefugeNew York House of Refuge– Boston House of ReformationBoston House of Reformation– Children’s Aid SocietyChildren’s Aid Society


1899 – First comprehensive 1899 – First comprehensive juvenile court created in juvenile court created in IllinoisIllinois– Best interest of the childBest interest of the child– Paternalistic rather than Paternalistic rather than adversarialadversarial

– Probation department to monitor Probation department to monitor youths in the communityyouths in the community

– Reform schoolsReform schools

Juvenile Justice TodayJuvenile Justice Today Has jurisdiction over two categories Has jurisdiction over two categories of offendersof offenders– Delinquents – violate the law, commit Delinquents – violate the law, commit an offense in violation of penal codean offense in violation of penal code

– Status offenders – truants and Status offenders – truants and habitually disobedienthabitually disobedient

PINS – Persons in Need of PINS – Persons in Need of SupervisionSupervision

CHINS – Children in Need of CHINS – Children in Need of SupervisionSupervision

Status OffensesStatus Offenses

Volume and Age of Volume and Age of Status OffensesStatus Offenses

Juvenile Justice Today Juvenile Justice Today (cont.)(cont.)

States have set different maximum States have set different maximum ages below which children fall under ages below which children fall under the jurisdiction of the juvenile the jurisdiction of the juvenile courtcourt

Some states exclude certain classes Some states exclude certain classes of offenders or offensesof offenders or offenses

Those that commit serious violent Those that commit serious violent offenses may be automatically offenses may be automatically excluded, ‘waivered’ to adult courtsexcluded, ‘waivered’ to adult courts

Creation of family courtsCreation of family courts

The Juvenile Justice The Juvenile Justice SystemSystem

Police Processing of Police Processing of the Juvenile Offenderthe Juvenile Offender

According to UCR, police arrest According to UCR, police arrest more than 1.5 million juveniles more than 1.5 million juveniles under age 18 each yearunder age 18 each year

Most police departments have Most police departments have separate juvenile detectivesseparate juvenile detectives

Most police may arrest for Most police may arrest for status offensesstatus offenses

Police Processing of Police Processing of the Juvenile Offender the Juvenile Offender

(cont.)(cont.) Use of discretionUse of discretion

– Decision to release or detain and refer to Decision to release or detain and refer to juvenile courtjuvenile court

– Decision based on offense, police attitudes, Decision based on offense, police attitudes, and child’s social and personal conditionsand child’s social and personal conditions

– Factors significant to police decision makingFactors significant to police decision making Type and seriousness of child’s offenseType and seriousness of child’s offense Ability of parents to be of assistance in Ability of parents to be of assistance in disciplining childdisciplining child

Child’s past contacts with policeChild’s past contacts with police Degree of cooperation Degree of cooperation Denial of offenseDenial of offense


(cont.)(cont.) Legal rightsLegal rights

– Same 4Same 4thth Amendment rights as adults Amendment rights as adults– Afforded greater 5Afforded greater 5thth Amendment Amendment protectionprotection

The Juvenile Court The Juvenile Court ProcessProcess

Juvenile court plays major role Juvenile court plays major role in controlling juvenile behavior in controlling juvenile behavior and delivering social services to and delivering social services to childrenchildren

Juvenile cases increased between Juvenile cases increased between 1960 – 19951960 – 1995

Since 1995 number has declined Since 1995 number has declined reflecting the overall decline in reflecting the overall decline in crime ratecrime rate

The Juvenile Court The Juvenile Court Process (cont.)Process (cont.)

The intake processThe intake process– Court officers screen child to Court officers screen child to determine if needs to be handled determine if needs to be handled formally or whether the case can be formally or whether the case can be settled without formal interventionsettled without formal intervention

– Opportunity to place child in a Opportunity to place child in a community programcommunity program

– More than half of referrals to More than half of referrals to juvenile courts never go beyond this juvenile courts never go beyond this stagestage


(cont.)(cont.) The detention processThe detention process

– Juvenile Justice Act of 1974Juvenile Justice Act of 1974– Use of detention increased 41% Use of detention increased 41% between 1985 and 2000.between 1985 and 2000.

– Majority of those detained are Majority of those detained are whitewhite

– Disproportionate number of Disproportionate number of African-Americans detained before African-Americans detained before trialtrial

The Juvenile Court The Juvenile Court Process (cont.) Process (cont.)

Detention process (cont.)Detention process (cont.)– Detention hearing required in most Detention hearing required in most statesstates

– Right to counselRight to counsel– Procedural due process rightsProcedural due process rights– Criteria to support a decision to detainCriteria to support a decision to detain

Need to protect the childNeed to protect the child Decide if child a danger to the publicDecide if child a danger to the public Determine likelihood juvenile will return to Determine likelihood juvenile will return to court for adjudicationcourt for adjudication


Reforming detentionReforming detention– Remove status offenders from Remove status offenders from lockupslockups

– Detention of youths in adult jailsDetention of youths in adult jails– OJJDP GrantsOJJDP Grants


BailBail– Federal courts have not ruled on Federal courts have not ruled on juvenile’s constitutional right to juvenile’s constitutional right to bailbail

– Relatively few states use monetary Relatively few states use monetary bailbail

– Release of child to parent or Release of child to parent or guardian viewed as an acceptable guardian viewed as an acceptable substitutesubstitute


Plea bargainingPlea bargaining– Exists for the same reasons as in Exists for the same reasons as in adult courtsadult courts

– When child makes admission, courts When child makes admission, courts require the following procedural require the following procedural safeguardssafeguards Child knows of the right to a trialChild knows of the right to a trial Plea or admission is voluntaryPlea or admission is voluntary Child understands the charges and Child understands the charges and consequencesconsequences


Waiver of jurisdictionWaiver of jurisdiction– Most jurisdictions provide by Most jurisdictions provide by statute a waiver of offenders to statute a waiver of offenders to the criminal courtsthe criminal courts

– Factors considered are the child’s Factors considered are the child’s age and nature of the offenseage and nature of the offense

– Some states allow waivers only in Some states allow waivers only in felony casesfelony cases


Waiver of jurisdiction (cont.)Waiver of jurisdiction (cont.)– Kent v. United StatesKent v. United States (1966) – Court (1966) – Court held that at the waiver proceeding held that at the waiver proceeding juveniles must be afforded minimum juveniles must be afforded minimum requirements of due process of law, requirements of due process of law, including right to counsel.including right to counsel.

– Breed v. JonesBreed v. Jones (1975) – Court held (1975) – Court held that prosecution of juveniles as that prosecution of juveniles as adults in California Superior Court adults in California Superior Court violated the double jeopardy clause of violated the double jeopardy clause of 55thth Amendment. Amendment.

The Juvenile Court The Juvenile Court Process (cont.)Process (cont.)

Waiver of jurisdiction (cont.)Waiver of jurisdiction (cont.)– Concurrent jurisdictionConcurrent jurisdiction– Excluded offensesExcluded offenses– Judicial waiverJudicial waiver– Reverse WaiverReverse Waiver

Effect of the waiverEffect of the waiver


The trialThe trial– Initial appearance – similar to Initial appearance – similar to arraignment in adult courtarraignment in adult court

– Fact-finding hearingFact-finding hearing– In re GaultIn re Gault (1967) (1967)

Notice of the chargesNotice of the charges Right to counselRight to counsel Right to confront and cross-examine Right to confront and cross-examine witnesseswitnesses

Privilege against self-incriminationPrivilege against self-incrimination Right to transcript of trial recordRight to transcript of trial record


Disposition and treatmentDisposition and treatment– Juvenile court judge imposes a sentence on Juvenile court judge imposes a sentence on the juvenile offender based on offense, the juvenile offender based on offense, prior record, and family background.prior record, and family background.

– Bifurcated hearing processBifurcated hearing process– Typical juvenile court dispositionsTypical juvenile court dispositions

Suspended judgmentSuspended judgment ProbationProbation Placement in a community treatment programPlacement in a community treatment program Commitment to the state agency responsible for Commitment to the state agency responsible for juvenile institutional carejuvenile institutional care

Work campWork camp


Juvenile sentencing reformJuvenile sentencing reform– Push for harsher sentencesPush for harsher sentences– Mandatory and determinate Mandatory and determinate incarceration sentencesincarceration sentences

– Effort to remove status offenders Effort to remove status offenders from juvenile justice systemfrom juvenile justice system

– Effort to standardize dispositions Effort to standardize dispositions in juvenile courtsin juvenile courts

– Juvenile drug courtsJuvenile drug courts

The Juvenile The Juvenile Correctional ProcessCorrectional Process

ProbationProbation– Most common sentence for juvenilesMost common sentence for juveniles– Place under supervision in the Place under supervision in the communitycommunity

– General conditions of supervision, General conditions of supervision, control and rehabilitative control and rehabilitative conditionsconditions

The Juvenile The Juvenile Correctional Process Correctional Process

(cont.)(cont.) DeinstitutionalizationDeinstitutionalization

– Large institutions too costlyLarge institutions too costly– Small residential facilitiesSmall residential facilities– Public support for community-based Public support for community-based programs still exists in some programs still exists in some areasareas


(cont.)(cont.) AftercareAftercare

– Help youths make the transition Help youths make the transition from residential or institutional from residential or institutional settingssettings

– ParoleParole– Procedural protections in Procedural protections in probation and parole revocationsprobation and parole revocations


(cont.) (cont.) Preventing delinquencyPreventing delinquency

– Designed to intervene before Designed to intervene before delinquent actsdelinquent acts

– In past was responsibility of In past was responsibility of treatment oriented agenciestreatment oriented agencies

– Today community treatment involves Today community treatment involves combination of juvenile justice and combination of juvenile justice and treatment agenciestreatment agencies Fast Track ProgramFast Track Program CAR/CASASTART ProgramCAR/CASASTART Program

Chapter 15 The Juvenile Justice System

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