© 2003 prentice hall, inc. 1 chapter 14 juvenile justice

© 2003 Prentice Hall, Inc. 1

Chapter 14

Juvenile Justice


Source: Office of Juvenile Justice and Delinquency Prevention Report - 2000

.• In 2000, police arrested 140,000

youths age 12 and younger.

• These younger offenders represent almost 10% of the

total number of juvenile arrestees.

Juveniles in the U.S.


• 2.8 million juveniles are arrested annually in America.

• Violent crimes by juveniles are decreasing.

• Female delinquency has increased 76% in last

decade.



• Minority juveniles are overrepresented in the

custody population.

• Crowding is a serious problem in juvenile

facilities.



Source: Federal Bureau of Investigation, Crime in the United States, 2000 (Washington, D.C.: U.S. Government Printing Office, 2000).

Juvenile Involvement in Crime v. System Totals, 2000


Source:James Alan Fox Trends in Juvenile Violence, (Washington, D.C.: Bureau of Justice Statistics, 2001).

Number of Homicides by Offenders Aged 14-17, Projections Through 2001


Roman law - Children had membership in their family, but the father had absolute control over children.

Patria postestas led to the English concept of “parens patriae.”

patria postestas – The power of father extended to issues of life and death for all members of the family including slaves, spouses, and children.

Around 753 BCEAround 753 BCE

History of Juvenile Justice


• “parens patriae” – Common law principle that allowsstate to take custody of a child when s/he becomes delinquent, is abandoned, or is in need of care, which the natural parents are unable or unwilling to provide.

• Originally, the king was considered the father of the country and thus had parental rights over all his citizens.



Middle Ages• Church strongly influenced conception of children.• English Common Law adopted the Church

perspective about children under 7 in relation to law violations.

• At this time, Church view was that children under age 7 had not yet reached the age of

reason, therefore, they could not be held liable for spiritual offenses.

• Under English law, individuals between 7 and 14 were accorded special status as juveniles, while adulthood began at 14.



• Puritan influence was dominant during early colonial period. The focus

was on obedience and discipline. • Laws reflected teachings of the Bible.• Juveniles and adults were mixed in both

jails and prisons.• Punishments were severe to protect

colony from the wrath of God.

United States



Massachusetts Law in 1600’sMassachusetts Law in 1600’s

“If a man has a stubborn or rebellious son of sufficient years of understanding, viz. sixteen, which will not obey the voice of his father or the voice of his mother…, then shall his father and mother, …lay hold on him and bring him to the magistrate … testify to them by sufficient evidence that this their son is stubborn and rebellious and will not obey their voice and chastisement, …. Such a son shall be put to death.”



European Enlightenment Period – 1600 and 1700’sEuropean Enlightenment Period – 1600 and 1700’s

• This period rejected supernatural explanations in favor of scientific ones.

• During this time, there was growth in the industrial economy and a move away from farming.

• It reassessed the place of children in society.

• Children were recognized as heirs to the future and there was concern for that future.



Houses of Refuge• Society for the Prevention of

Pauperisim established first house of refuge in New York City (1824).

• They were designed to save children from lives of poverty and crime.

• They housed mostly thieves, vagrants and runaways.

History of Juvenile JusticeInstitutional Era – 1800’sInstitutional Era – 1800’s


Child Saver Movement• mid 1800’s• combined Christian principles with

strong emphasis on worth of individual

• guide and protect children• Anthony Platt, The Child Savers: The

Invention of Delinquency, (University of Chicago Press, 1977)

History of Juvenile JusticeInstitutional Era – 1800’sInstitutional Era – 1800’s


1860 – Chicago Reform School• product of child savers movement• focused on predelinquent youth who

showed propensity for more serious crimes

• emphasized traditional values and hard work

• idealized country living, causing several reform schools to be farms



1870 - Massachusetts passed legislation requiring separate hearings for juveniles.

1877 - New York passed law requiring separate hearings and prohibiting contact between juvenile and adult offenders.

1898 - Rhode Island passed juvenile court legislation.

History of Juvenile JusticeJuvenile Court EraJuvenile Court Era


1899 - Illinois Juvenile Court Act created a juvenile court, separate in form and function from adult criminal courts. It was considered to be the first juvenile court system in the United States.

1938 - federal level - Juvenile Court Act included many features of the Illinois Act.

1945 - By this year, every state had legislation focusing on juveniles.



Juvenile court based on five principles:

a) State is “higher or ultimate parent” of all children.

b) The belief that children are worth saving, and that non-

punitive procedures should be used.



c)The belief that children should be nurtured while being protected.

d)Justice for children should be individualized.e)Non-criminal procedures are necessary,

and denial of due process can be justified because intent is to “help” not punish.



1930’s• delinquent - Children who violated the criminal law,

and if adults, would be charged with the offense.• undisciplined - Children said to be beyond parental

control and therefore in need of state protection.

Categories of Children


• dependent - Children who typically have no parents to care for them or have been abandoned or placed for adoption.

• neglected - Children who did not receive proper care from parents or guardians.



• abused - Children who suffered physical abuse at the hands of their custodians. This was expanded to include emotional and sexual abuse.

• status offenders - A special category which embraces laws written only for children (truancy,

curfew, runaway, etc.).



Explanation of Delinquency

• social ecology (1920’s and 1930’s)

• delinquent boys (1955)

• techniques of neutralization (1957)

• opportunity theory (1960)

• cohort analysis (1960’s)

• drift (1964)


Social EcologyClifford Shaw and Henry McKay (1930’s)• Social ecology focused on misbehavior

of lower class youths, primarily as the result of social disorganization.

• social disorganization – A condition that exists when a group is faced with social change, uneven cultural development, maladaptiveness, disharmony, conflict, and lack of consensus.


Chicago Area Project (1930’s)

1) first large scale delinquency prevention program

2) created self-help centersa) staffed by community volunteersb) offered variety of counseling

services, educational programs, camps, recreational activities, and discussion groups

Social Ecology


Delinquency & Opportunity: A Theory of Delinquent Gangs• Delinquency is a result of a lack

of legitimate opportunities for lower class youth.

• Lower class youth alienated from middle-class institutions.

Lloyd E. Ohlin and Richard A. Cloward (1960)Lloyd E. Ohlin and Richard A. Cloward (1960)

Opportunity Theory


Mobilization for YouthA. federally funded program B. based on theory of Ohlin and ClowardC. designed to increase legitimate

opportunities for lower class youthD. provided:

1. job placement services2. skill training3. hired youth to work on community

projects4. midnight basketball – keeping schools

open in evening for study sessions

Opportunity Theory


Albert K. Cohen (1955)Albert K. Cohen (1955)

Delinquent Boys, the Culture of the Gang

Delinquency, especially gang related, is a response to frustrations of the lower class when they find they cannot share in the rewards of the middle-class lifestyle.

Delinquent Boys


Techniques of Neutralization

• They recognized the role of choice in delinquent behavior.

• The delinquent typically drifts between conformity and law violation and

will choose the latter when social norms can be denied or explained away.

Gresham Sykes and David Matza (1957)Gresham Sykes and David Matza (1957)


Cohort Analysis

• cohort - A group of individuals sharing similarities of age, place,

or birth and residence.• cohort analysis - A social science

technique by which cohorts are tracked over time in order to identify unique and observable behavioral traits which

characterize them.

Marvin WolfgangMarvin Wolfgang


Wolfgang’s 1960 study of a Philadelphia cohort found:

• A small group of individuals committed majority of the crime (“chronic few”).

• 18% of cohort accounted for 52% of all arrests.

Marvin WolfgangMarvin Wolfgang

Cohort Analysis


Pathways to Delinquency

1.authority conflict pathway

2.the covert pathway

3.the overt pathway


Drug and Alcohol Abuse

• The survey annually measures drug abuse among high school and college students.

• In 2000, the survey found that, overall, illicit drug use remains widespread.

Monitoring the FutureMonitoring the Future


Drug and Alcohol Abuse

• Over half (54%) have tried an illicit drug by the time

they finish high school.

• Marijuana is the most widely used illicit drug.

• Largest increase is for “ecstasy.”

Monitoring the FutureMonitoring the Future


Violence• Approximately 800 homicides are

committed by juveniles annually.

• In 2000, there was an average of 3 homicides per day.

• Older juvenile victims tend to be male and African American.

• Younger victims are killed by family members.


Source: Federal Bureau of Investigation, Crime in the United States, (Washington, D.C.: U.S. Government Printing Office, various years).

Drug-Related Arrests of Juveniles, 1985 - 2000


Gangs

50% of gang members in 1999 were ages 18-24.

Race/ethnicity: Hispanic 47%, African American 31%, Caucasian 13%, Asian 7%, Other 2%

National Youth Gang Survey - 1999National Youth Gang Survey - 1999


• Males are more involved in gang activity than females.

• Gang members are more likely to have sold crack cocaine

and be involved in organized drug dealing.

• Nationally, the average age for joining a gang is 12.8 years of

age.

Gangs


Runaways1,800,000 children are missing each year. Approximately 583,000 are runaways.

• 1/3 of all runaways leave home because of sexual abuse.

• 1/2 leave because of beatings.• 1/5 of runaways come into

contact with the police or social service agencies.


Throwaways

The remaining children (800,000) are part of family abductions and children who are lost through accidents, injury, or misadventure.

Children no longer wanted by their parents.


Sexual AbuseA 2001 report by University of Penn’s Center found that child sexual abuse, child sexual assault, and child sexual exploitation are committed by a discrete group of perpetrators.


Other Forms of Abuse

Children “who had been abused or neglected…were more likely to be arrested as juveniles, as adults, and for violent crime.”

Source: Charles DeWitt, The Cycle of Violence, National Institute of Justice, 1992.

Child AbuseChild Abuse


Reports of Child Abuse and Neglect, 1976-1998

Source: National Committee to Prevent Child Abuse


Teen Suicide1960 - Only 475 teen suicides

recorded.1991 - 1,899 teen suicides reported.1997 - Suicide has become the 4th

major cause of death among 5-14 year old children.

1998 - Upwards of 10,000 teen suicides reported.


American Academy of Child and Adolescent Psychiatry

reports the following may be indicators of a suicidal teenager: • change in eating habits• change in sleeping patterns• withdrawal from friends, family members and school activities• rebellious or violent behavior

Teen Suicide


• running away • drug or alcohol abuse • decline in school work/grades• constant boredom• frequent headaches, fatigue,

stomachaches• disregard for personal hygiene• giving away of favorite possessions• verbal clues such as “This is the last

time we will be together.”

Teen Suicide


“A healthy home environment, one in which parents and children share affection, cohesion, and environment, reduces the risk of delinquency.” study by the OJJPD

What Can Be Done?


Facts of Case:• Morris Kent (14 years old) was arrested in

Washington D.C. in 1959 and charged with several burglaries and attempted purse snatching.

• Kent was placed on probation and released.• In September, 1961, a person entered a

woman’s apartment in Washington D.C., raped the woman, and took her wallet.

Kent v. U.S. (1966)Kent v. U.S. (1966)

Supreme Court Decisions


• Fingerprints matching Kent were left behind.• Kent, still under court jurisdiction, was taken

into custody and interrogated.• Kent spoke about the crime and other

offenses.• After interrogation, Kent’s mother employed

legal counsel.

The case ended “hands-off” era in juvenile justice.



• Kent was transferred to adult criminal court, without discussion with Kent’s

attorney or Kent’s mother, based on psychological and psychiatric

exams given to Kent.• Kent was tried and found guilty in adult

court and sentenced to 5-15 years on each of eight counts of robbery and burglary.

• Kent’s attorneys appealed, based on lack of hearing regarding the transfer.



Court upheld appeal and ordered adequate hearings for juveniles being considered for transfer to adult court.

Juveniles are entitled to representation by attorneys at such hearings.



Importance of Case

This was the first time the Supreme Court recognized the need for at least minimal due process injuvenile court hearings.



• Gerald Gault and a friend, Ronald Lewis, were taken into custody on June 8, 1964, based on a neighbor’s complaint that the boys had made lewd telephone calls.

• Gault was already on probation when he was taken into custody.

• Gault’s parents were at work when he was picked up, and no notification was provided to them about the arrest.

Supreme Court DecisionsIn re Gault (1967)In re Gault (1967)


• Gault’s parents learned from another neighbor that Gerald had been taken into custody.

• Gault’s family appealed.• Gault’s parents were informed about a

hearing that was to be held, but not the nature of the complaint, nor

who the complainant was, who was not

present at the hearing.



Supreme Court Decisions• At the hearing, Gault was not

represented by counsel.• Gault admitted dialing the phone,

but not to making the lewd comments.

• After the hearing, Gault was adjudicated delinquent and sentenced until his 21st birthday.


• notice of charges - Gault was not given notice to prepare a reasonable defense.

• right to counsel - Gault was not notified of his right to counsel or to have an attorney present at hearing.

• right to confront/cross examine witnesses - Complainant can be required to be present at hearing.

Appeal based on six pointsAppeal based on six points

In re Gault (1967)


• Protection against self-incrimination - Gault was never advised he had the right to remain silent, nor that his testimony could be used against him.

• right to transcript - Gault’s attorney was not provided with a copy of the transcript to file an appeal.

• right to appeal - At time of Gault’s case, Arizona did not provide right to appeal.

In re Gault (1967)Appeal based on six pointsAppeal based on six points


U.S. Supreme Court held for Gault based on four of six issues related to due process:• notice of charges• right to counsel• right to confront/cross examine witnesses• protection against self-incrimination

Court rejected the other two issues:• right to transcript• right to appeal

In re Gault (1967)


• Winship, age 12, was charged with illegally entering a locker and stealing $112 from a pocketbook.

• New York judge found Winship delinquent.• Judge acknowledged that the evidence

might not have been sufficient to establish Winship’s guilt beyond a reasonable doubt (New York law only required a preponderance of the evidence).

Supreme Court DecisionsIn re Winship (1970)In re Winship (1970)


• Winship was sent to a training school for 18 months.

• Winship’s attorney appealed based on the standard of evidence used.

• U.S. Supreme Court upheld appeal establishing proof beyond a reasonable doubt as standard in juvenile proceedings of delinquency.

• Court still allows a preponderance of evidence in juvenile cases where the juvenile is charged with a status offense.



• Jones, age 17, was charged with committing an armed robbery.

• At adjudicatory hearing, Jones was found delinquent.

• At “dispositional” hearing, Jones was found unfit for treatment as a juvenile.

Supreme Court DecisionsBreed v. Jones (1970)Breed v. Jones (1970)


• Jones was transferred to adult criminal court and subsequently found guilty of robbery. He was committed to the California

Youth Authority.

• Jones’s attorney appealed based on issue of double jeopardy because he had already been adjudicated a delinquent.



U.S. Supreme Court upheld appeal of Jones, pointing to the fact that the double jeopardy clause speaks in terms of “potential risk of trial and conviction - not punishment” and concluded that two separate adjudicatory processes were sufficient to warrant a finding of double jeopardy.



• Joseph McKeiver, age 16, was charged with robbery, larceny, and receiving stolen property – all felonies in Pennsylvania.

• McKeiver had been involved with 20-30 boys who chased three other juveniles and took 25 cents from them.

Supreme Court DecisionsMcKeiver v. Pennsylvania (1971)McKeiver v. Pennsylvania (1971)


• McKeiver had no prior arrests.• His attorney requested a jury

trial but was denied.• McKeiver was adjudicated a

delinquent. • Attorney appealed the

adjudication.



• U.S. Supreme Court denied the appeal, holding that trials for juveniles were not mandated by the Constitution.

• Today, approximately 12 states voluntarily provide jury trials for juveniles.



The Juvenile Justice Process


• Most jurisdictions today have statutes designed to extend the Miranda provisions to juveniles.

• Juvenile rights may extend to investigative procedures and searches.

Legal Aspects of Juvenile Justice


Juvenile• focus on delinquency• limits rights of juveniles

against unreasonable searches• provides rights against

self-incrimination

Adult• focus on criminality• provides for

comprehensive rights against unreasonable searches of person, home,

and possession• provides rights

against self- incrimination

Differences Between Juvenile and Adult Systems


Juvenile• focuses on interests

of the child• helping context• petitions or

complaints legitimize apprehension

Adult• assumes innocence

until proven guilty • adversarial setting• arrest warrants - the

basis of most arrests



Juvenile • provide for right to an

attorney• closed hearing and no

right to jury trial• protection and

treatment - the goals

Adult• provide for right to an

attorney• public trial and right to

jury trial• punishment and

reformation - the goals



Juvenile• specific right to

treatment• sealed records; may

be destroyed at a specific age • released into parental

custody • separate facilities at

all levels

Adult• no right to treatment• public record of trial

and judgment• possibility of bail or

release on recognizance

• possible incarceration in adult

correctional facility



Four Stages:1. intake

2. adjudication

3. disposition

4. postadjudication review

How the System WorksViewed as a process.Viewed as a process.


• intake - The first step in decision making regarding a juvenile whose behavior or alleged behavior is in violation of law or could otherwise cause a juvenile court to assume jurisdiction.

• detention hearings – These are conducted by a juvenile court judge.

How the System Works


Limit of Juvenile Court Jurisdiction Over Young Offenders by State


• Preliminary hearing may be held in conjunction with detention

hearing.• Juvenile is advised of his/her rights

at this hearing.• The purpose is to determine if there

is probable cause to believe the juvenile committed the alleged act.

How the System WorksPreliminary HearingPreliminary Hearing


At this time, a transfer to adult court hearing may be held.

Transfer hearings focus on:• applicability of transfer status to the

case under consideration• whether juvenile is amenable to

treatment through available resources in juvenile system

How the System Works


• adjudicatory hearing - The courtroom stage at the juvenile level, which is similar in substance to a criminal hearing or trial.

• An emphasis is placed on privacy.• Adjudicatory hearings tend to be

less formal than a criminal trial.

How the System WorksAdjudicationAdjudication


• Hearings normally are completed in a couple of hours.

• Proof beyond a reasonable doubt is required in delinquent cases, while preponderance of evidence is necessary in cases involving status offenses .

• Focus is still the best interests of the juvenile.

How the System WorksAdjudicationAdjudication


Juvenile Custody Rates, by State


• dispositionary hearing - The final stage in processing of adjudicated juveniles, in which decision is made on the form of treatment or penalty which should be imposed.

• Judge typically has wider range of dispositions than do judges in adult criminal cases.

• Because rehabilitation is the primary objective, the judge is likely to select the “least restrictive alternative.”

How the System WorksDispositionDisposition


Secure Institutions

Source: Bureau of Justice Statistics Report

• 86.5% are male.• 58.5% are ethnic minorities or African

American.• 42.4% are incarcerated for a serious

personal or property offense.• 2% are charged or adjudicated for

homicide or murder.• 6.5% are incarcerated for a status

offense.

Characteristics of Juveniles in ConfinementCharacteristics of Juveniles in Confinement


Overcrowding in Facilities

• Overcrowding occurs in many juvenile facilities.

• Half of all states report overcrowding in juvenile

facilities.• 22 states are operating facilities

at more than 50% over capacity.


• Fastest growing category involves alcohol and drug offenders .

• Most juvenile appeals are not as consequential as adult convictions.

• Most appellate courts do not have the time to hear the case before the juvenile sentence is completed.

Overcrowding in Facilities


Post-Juvenile Court Era

2000 report by National Institute of Justice claims:

“Changes in juvenile law and juvenile court procedure are slowly dismantling the jurisdictional border between juvenile and criminal justice.”

© 2003 prentice hall, inc. 1 chapter 14 juvenile justice

Documents

juvenile violence

juvenile involvement

juvenile facilities

juvenile justicesource

office of juvenile justice

roman law children

english law

conception of children