chapter 13 the juvenile justice system. learning objectives describe the history of juvenile justice...
TRANSCRIPT
Chapter 13 The Juvenile Justice System
Learning Objectives
Describe the history of juvenile justice
Discuss the establishment of the juvenile court
Describe the changes in juvenile justice that began in the 1960s
Summarize police processing of juvenile offenders
Describe the juvenile court process
Explain the concept of waiver
Explain the importance of In re Gault
Describe the juvenile correctional process
The History of Juvenile Justice
Tracing the early development:
English custom and law:
Development of poor laws
The Chancery Court
The History of Juvenile Justice
Care of Children in Early America:
Poor laws and Chancery courts were brought from England to America
Local jurisdictions also developed almshouses, poorhouses, and workhouses to accommodate dependent youths
The History of Juvenile Justice
The Child-Saving Movement:
Child savers were responsible for creating programs for indigent youth. Supervised labor was part of the program
New York House of Refuge opened in 1825 as part of this movement
The History of Juvenile Justice
The Refuge Movement Spreads: Child savers influenced local and state
governments, and created independent correctional facilities for minors
Congregate conditions
Racially segregated
Harsh discipline
Children’s Aid Society was founded in 1853
Alternative for dealing with neglected and delinquent youths
Provided temporary shelter and care
Establishment of the Juvenile Court
The Illinois Juvenile Court Act of 1899 set up an independent court to handle criminal law violations by children
Independent court to handle cases involving children (separate from adults)
Probation programs were created
By 1925 most states had a juvenile court
Establishment of the Juvenile Court
The Development of Juvenile Justice:
Juvenile court provided legal & therapeutic justice
Main concern was the ‘best interests of the child’
Establishment of the Juvenile Court
Reform Schools:
State training schools
Schools viewed themselves as non-punitive but believed in reform through hard work and discipline
Psychological treatment and therapy was introduced to juvenile corrections in the 1950s
Establishment of the Juvenile Court
Legal Change:
In the 1960s and 1970s, the U.S. Supreme Court established the right of due process to juveniles
Courts established that juveniles have the same rights as adults
Congress passed the Juvenile Justice and Delinquency Prevention Act of 1974
Enacted to identify the needs of youth and fund programs in the juvenile justice system
Main goal to separate wayward non-dangerous youths and to remove adolescents from adult institutions
Juvenile Justice Today
Today, the juvenile justice system has jurisdiction over two categories of offenders:
Delinquent:
A child who commits an act in violation of law
Status offender:
A child who commits an act forbidden to minors
The juvenile justice system is responsible for processing and treating almost 2 million cases annually
Status Offense Examples
Juvenile Justice Today
Judicial Waivers:
Automatic exclusion from juvenile court based upon offender classification
Creation of Family Courts:
Individualized, client-focused treatment to helping kids and their families rather than focusing on punishing and/or controlling delinquency
Police Processing of the Juvenile Offender
1.6 million juveniles arrested each year
Police can arrest juveniles for status offenses
Officers may decide to release or refer an offender to juvenile court at the time of arrest
Police Processing of the Juvenile Offender
Use of Discretion:
The decision to release or detain the juvenile is based on:
Type and seriousness of the offense
The ability of the parents to assist police
Past contacts with police
Degree of cooperation from child and parents, along with their demeanor, attitude, and personal characteristics
Whether the child denies the allegations in the petition and insists on a court hearing
Police Processing of the Juvenile Offender
Legal Rights:
Juveniles have Fourth Amendment rights
Children can be detained, interrogated, and placed in line-ups
Miranda Rights apply, but police must ensure that juveniles understand their constitutional rights
Case Flow through the Juvenile Justice System
The Juvenile Court Process
The Intake Process:
A Critical screening process to determine the best manner for handling the case
Completed by probation personnel
Formal referral to the court
Place the child in informal programs within the court and community
½ of the referrals to the juvenile court never go beyond this stage
The Juvenile Court Process
The Detention Process:
The prosecutor usually makes a decision about detention─ home with family or detain in a secure facility pending trial
Juvenile Justice Act of 1974
70% of youths are held for non-violent charges
2/3 for property offenses
The Juvenile Court Process
Bail:
Only a few states allow juvenile release on bail
This has not been ruled on by federal court
The majority of courts that have confronted this question to hold that juveniles do not have a right to bail
The Juvenile Court Process
Plea Bargaining:
Before trial, prosecutors may attempt to negotiate a settlement in the case
Juveniles who accept a pleas must admit in open court that he did in fact commit the act
The Juvenile Court Process
Waiver of Jurisdiction:
Juveniles can be tried as adults in adult court
This process is usually governed by statute and is called waiver
The decision to waive a juvenile into adult court involves a transfer hearing:
Nature of offense and child’s age are key considerations
Every state has provisions for waiver – some have minimum age requirements
The Juvenile Court Process
Adjudication: Initial Appearance
Adjudicatory Hearing
In 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
Dispositional Hearing
The Juvenile Court Process
Disposition and Treatment:
The court enters judgment
Sentence based on offense, prior record, and family background
Dispositions can include:
Suspended judgment
Probation
Community treatment
Commitment to state agency
The Juvenile Correctional Process
Probation:
Most commonly used formal sentence
Probation places the juvenile under the supervision of the probation department
Alternative sanctions such as community service or monetary restitution may be ordered
Can be revoked if the rules are not followed, and the court may impose stricter sanctions
The Juvenile Correctional Process
Institutionalization:
Involves confinement of the child to an institution
More than 100,000 juveniles being held in either private or public correctional facilities
Deinstitutionalization:
Large institutions too costly
Some experts recommend treatment over incarceration
The Juvenile Correctional Process
Preventing Delinquency:
Comprehensive community-based programs are taking a systematic approach to preventative interventions
Programs include:
Tutoring
After-school activities
Mentoring
Counseling
Family services
Problems of Juvenile Justice
In some jurisdictions, the focus of juvenile justice has shifted from individual needs to the seriousness of the crime
Some experts believe that the “get tough” approach will force the criminal courts to provide harsher sentences and tougher treatment
Minorities are overrepresented in juvenile justice system