Juvenile Justice: Unit Juvenile Justice: Unit TwoTwo

Larned Juvenile Facility

Who is a Juvenile? A person not yet considered an adult for the

purposes of determining either criminal or civil liability

A minor Before the establishment of juvenile courts,

children under the age of 7 were never held responsible for criminal acts

Also assumed that between ages 7-14, children were incapable of committing a criminal act

Children over 14 could be charged as an adult

Who is a Juvenile?Juveniles charged with serious

felonies- robbery, assault, rape, murder- can be tried as an adult

Certain conditions sometimes automatically transfer status

Judges can determine statusProsecutors can determine status

Who is a Juvenile?

Today, almost all states have age limits to determine whether a person accused of a crime will be handled in a juvenile or adult court

Most states - <18

You Be the Judge

p. 190 Street Law

Read: Determining Juvenile Status with a partner and write down your

responses

History of the Juvenile system

mid-19th century reformers began to argue that the failure of the family was the cause of delinquent behavior

Parents failed to teach their children proper values and respect for authority

Prior to the 1900’s children were sent through the adult system

History of the Juvenile system

Separate juvenile court system established to assume the responsibility that had been the parents’ job

Courts then shifted to being called “Child Saver Reforms”– Designed to rehabilitate and keep

identity– Learn community/moralistic values

History of the Juvenile system

First juvenile court set up in Cook County, Illinois in 1899

Court to be informal – act as a parent or guardian for the child

Parens patriae (parent of the country)- right of the state to intervene in the life of a child

court allowed to do whatever was necessary to help the child

History of the Juvenile system

Hearings were closed to the public so identity would be private

Used different terms from adult court…

Term Comparison

Offense Taken into custody Petition Denial Admission Adjudicatory hearing Found delinquent Detention Aftercare

Crime Arrest File charges Not guilty plea Guilty plea Trial Found guilty Jail Parole

Juvenile Adult

(3) Categories of Juveniles

1. Delinquent offenders1. Delinquent offenders–The crimes that were

committed would have sent an adult to jail or prison

Categories continued…

2. Status offenders2. Status offenders– Crimes only associated with being a

juvenile. Skipping school, running away from home, refusing to obey parents, MIP

– These acts have to be classified beyond the parents control.

– (PIN) – Parents in need or (CHINC) Child in Need of Care

Categories continued…

3. Neglected and Abused3. Neglected and Abused– Children needing protection from parents,

guardians or siblings– Failing to provide adequate food, clothing and

shelter– Court determines where child should be placed– Parental Responsibility Laws – knowing or

should know children are selling or using drugs…i.e. contributing to the delinquency of a minor (more on this later)

Read Gault Case p. 194

Do a., c., d., with a partner

1967 Gault Case

UnfairArrest on less than probable causeNot informed of Miranda rightsCould not contact family or

attorneyNot informed of nature of hearingCould not confront witnessReceiving a harsh punishment Appeal nearly impossible

FairParents were informed of the

hearing Gault given opportunity to

prove innocence

Rights adults have

BailTrial by juryRight to a trial record for

appeal

Supreme Court rulings on Juveniles

Kent v. U.S. stated that if a child was going to be waived to adult status (moved from the juvenile system to the adult system) that they deserved the same rights as adults– have access to their records– an attorney– the right to have a lawyer cross-

examine witnesses

Supreme Court rulings continued…

Gault case established basic rights for the juvenile p. 194

–The right to remain silent

–The right to an attorney

–The right to confront witnesses

–The right to be notified of the charges against them

Supreme Court rulings continued…

McKeiver v. Pennsylvania (1971)Supreme Court decided that jury

trials were not required in juvenile cases

Reforms to the system in Kansas since 1995

Parents of juvenile offenders may be assessed the cost of certain services–Probation and the time spent at

a correctional facility, as much as $150 a day

Court can order the entire family into counseling

Reforms continued…

Parents’ health insurance policies may be billed for the juveniles time in custody, drug and medical care

1998 Sentencing Matrix established

This was to stop the random sentencing by judges

Parent Responsibility Laws

Parent responsibility laws are sweeping the U.S. because people want parents to be held responsible

Knowing or should know that your kid is selling or using drugs

Pro: makes parents accountable for raising their children

Con: any kid can hide certain activities from parents

Host Law: KS House Bill No. 2319

Juvenile Investigations

Confessions: Miranda rights apply the same for juveniles as adults– Under 14 must have parent or a lawyer

present to waive (deny) Miranda rights Investigations: School officials only

need “reasonable suspicion” to conduct searches on lockers, purses and backpacks

“You have the right to remain silent; anything you do or say can be used against you in a court of law; you have a right to consult a lawyer and/or have the lawyer present during questioning; if you can’t afford a lawyer, one will be provided for you; and should you choose to talk to a lawyer, you have the right to stop the interview at any time.”

Court Procedures

Complaint: information found in the police report.

Statute of limitations: generally, the case must be filed within two years of the act– EXCEPTIONS: extension of five years for

felony sex crimes when the victim is less than 16 years old. Murder has NO statute of limitations.

Court Procedures cont… Jurisdiction: the time the court has control

over the juvenile is up to 22 ½ years of age, has been discharged from the court, or is released from juvenile correctional facility

District Attorney (DA): files against all juveniles from 10yrs. old to 17yrs. – Exceptions: Traffic offenses, smoking

tickets, hunting/fishing offenses go through local courts

Court Procedures cont…

Hearings: open to public unless the court rules otherwise. – Closed for sex offenses. Jury trials not

usually granted. – Adjudication: hearing and settling a case,

not a conviction of a crime Sentencing: diversions, probation,

treatment plans or house arrest. – Expunge record 2 years after successfully

completing program.

Court Procedures cont…

Waivers: moving a juvenile to adult status– Min. age 10 in Johnson County– District Attorney requests the waiver

(Factors they consider: priors, seriousness of the offense and their maturity)

Presumption Waiver: automatic waiver no hearing or request– Serious person felonies, 2nd drug felony or

possession of a firearm while committing a felony

Trials and Procedures

Juveniles have the right to a jury trial and other rights of the adult system

Burden of proof is placed on the state (they must prove guilt)

Judge will determine the sentence the offender will receive.

Question of the Day

Is the death penalty cruel and unusual?

8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

Cruel and Unusual

Guidelines set by the Supreme Court– Punishment must not involve the

unnecessary infliction of pain– The punishment must not be grossly out of

proportion to the severity of the crime• Examples: Dragging a person to their

execution, disemboweling, beheading, dissecting, or burning alive

Solem v. Helm 1983

Helm was sentenced to prison for life without parole for pleading guilty to writing a check for $100, knowing he did not have the money in his account

7th Felony conviction

Death Penalty

Furman v. Georgia 1972, the Supreme Court ruled that the death penalty in its present form was cruel and unusual

Arguments:– Death penalty is used primarily against minorities– Wealthy are never executed– Death penalty is a denial of a person’s humanity– Death penalty is morally wrong– Prison is more effective means of retribution

Georgia v. Furman

Arguments in Favor of death penalty– Used throughout history– Legislature not courts should decide– Proper retribution– It is a deterrent– Founding Fathers did not oppose it

Gregg v. Georgia 1976

Court ruled that the death penalty was not in itself cruel and unusual

8th and 14th Amendments did not bar the death penalty

Georgia’s new procedure for imposing the death penalty made it acceptable– Trial to see if the death penalty should be imposed– Defendant’s past record– The way that the killing was carried out

Death Penalty

So… Is the death penalty cruel and unusual punishment?

Justices reject Death Penalty for Child Rapists

What was the majority’s overriding message?

What are the exceptions? What states had the death penalty for

child rapists? What arguments were used in

opposition?