The Juvenile Justice System

Describe the child-saving movement and its relationship to the doctrine of parens patriae.

The Child-Saving Movement◦ Wealthy, civic minded citizens who were concerned

with the welfare of disadvantaged children

◦ Argued that the state has a responsibility to take control of children who exhibit criminal tendencies or had been neglected by their parents

◦ Instrumental in opening the House of Refuge in 1825.

◦ Parens Patriae is the doctrine that holds that the state has a responsibility to look after the well-being of child and to assume the role of parent if necessary.

List the four major differences between juvenile courts and adult courts.

The Illinois Juvenile Court

◦ Established in 1899

◦ Differences from adult court:

No juries

Different terminology

No adversarial relationship

Confidentiality

◦ All states have juvenile courts by 1945

Delinquency: Status Offender:

Behavior that illegal under federal or statelaw and is committed

bysomeone who isclassified as a minor.

A juvenile who has beenfound to havecommitted behaviordeemed unacceptablefor persons under acertain age.

Constitutional Protections and the JuvenileCourt: Kent vs. United States (1966) In re Gault (1967) In re Winship (1970) McKeiver vs. Pennsylvania (1971) Breed vs. Jones (1975)

Identify and briefly describe the single most important Supreme Court case with respect to juvenile justice.

In re Gault:

◦ Juveniles are entitled to many of the same due process rights granted to adult offenders, including notice of charges, the right to counsel, the privilege against self-incrimination, and the right to confront and cross-examine witnesses.

The Supreme Court decisions from 1966-1975 move the juvenile justice system away from parens patriae and towards a more formalized system.

Today, the legal status of children in the United States varies depending on where they live, with each state making its own policy on age limits.

The Age Question

The Culpability Question◦ Juvenile Behavior

◦ Diminished Guilt

Delinquency by the Numbers

Girls in the Juvenile Justice System

◦ A Growing Presence

◦ Family-Based Delinquency

Questions:

◦ How do you explain the recent rise of female juvenile delinquency?

◦ How does this story defy typical delinquency trends? How can you explain this?

Describe the one variable that always correlates highly with juvenile crime rates.

The older a person is, the less likely s/he will exhibit criminal behavior.

Age of onset is a consistent predictor of future criminal behavior.

Juvenile justice resources should be concentrated on the youngest offenders, with the goal of preventing crime and reducing the long-term risks for society.

Substance Abuse – plays a major role in juvenile delinquency and crime

Child Abuse and Neglect – 1 in 10 children in the U.S. suffers from mistreatment at the hands of a close family member

Indicate some of the reasons why youths join gangs.

Gangs◦ Who Joins Gangs

◦ Why Do Youths Join Gangs? Alienation from families and communities

Sense of identity

Necessity in a high-crime neighborhood

Excitement

Economic incentive

Geography

◦ Gangs and Crime

Questions:

◦ What has the impact of gang violence been on the violent crime rate?

◦ What do you believe can be done to decrease the appeal of gang for juveniles?

Police arrest about 1.2 million youth under 18 each year.

Police can also act in loco parentis, or in the place of the parent, to protect the juvenile.

After arrest, a trial is not automatic.

List the factors that normally determine what police do with juvenile offenders.

In making discretionary decisions, police usually consider:◦ The nature of the offense

◦ Offender’s past history with the system

◦ Setting of the offense

◦ Ability/willingness of the child’s parents to take disciplinary action

◦ Attitude of the offender

◦ Offender’s race and gender

Describe the four primary stages of pretrial juvenile justice procedure.

The intake officer has a number of options:

Dismiss the case

Divert the offender

File a petition

Transfer the case to adult court

Low-risk offenders can be removed from theformal juvenile justice system through

diversion.

Categories of pretrial diversion: Probation Treatment and aid Diversion

Methods of transfer to adult court:

Judicial waiver

Automatic transfer/Legislative waiver

Prosecutorial waiver

Less than 1 percent of all cases that reach juvenile court are waived to adult court.

Detention:

Reasons to detain a juvenile:

◦ Threat to the community

◦ To ensure attendance in court

◦ Protection of the child

Explain the distinction between an adjudicatory hearing and a disposition hearing.

Adjudication Hearing The process by which the court

determines whether there is sufficient evidence to support the petition.

Disposition Hearing The hearing in which the appropriate

sanctions for the delinquent or status offender is determined.

Sentencing Juveniles:

The best interests of the child

Judicial discretion

Predisposition report

Juvenile corrections is based on the concept

of graduated sanctions: Probation (the most common sanction) Non-secure confinement

◦ Foster care programs

◦ Group homes

◦ Family group homes

◦ Rural programs

Secure confinement (e.g.: boot camp) Aftercare