2History of Juvenile Law Originally, juvenile offenders were treated the same as adult criminalsBeginning in 1899, states began forming separate juvenile courtsStates took responsibility for parenting the children until they showed signs of positive changeWhy do you think statesmade this change?
3Rights of Juveniles and In Re Gault The 5th Amendment of the Constitution states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…nor shall [a person] be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of the law."
4Rights of Juveniles and In Re Gault The 14th Amendment of the Constitution states that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
5Rights of Juveniles and In Re Gault Who: Gerald Gault, age 15What:Accused of making an obscene phone call to his neighbor.Gault said that his friend made the phone call.Police placed Gault in detention without informing his parents.One week later a judge sentenced Gault to the State Industrial School until Gualt turned 21 years old.No witnesses or jury were present at the trial.
6Rights of Juveniles and In Re Gault Supreme Court Decision:Juvenile Courts must respect the Due Process rights of juveniles during their proceedings.Youth have the following rights under the law:The right to receive notice of chargesThe right to obtain legal counselThe right to "confrontation and cross-examination"The "privilege against self-incrimination"The right to receive a "transcript of the proceedings," andThe right to "appellate review"
7Questions from GaultDo you think that this decision helps or harms juveniles? Why?Do you think that juveniles should have the same rights as adults? Why?
8What is the Purpose of Criminal Law? Punishment“Eye for an Eye”Way for society to take revengePreventionDiscourage offender from committing crimes in the futureDiscourage future offendersIncapacitationLock up in jailProtect society from offenderRehabilitationFocus on changing behavior to lead a productive lifeExamples: vocational programs, counselingWhat do you think is thegoal of juvenile justice?
9Key Terminology Criminal System Juvenile System Defendant Respondent Trial by juryAdjudication, not all states give juveniles the right to a jury trialSentencingDispositionCrimeOffenseCriminalJuvenile OffenderGuiltyDelinquentSentenced based upon offenseSentencing varies, many options
104 Cases, 4 Crimes, You Be the Judge Activity4 Cases, 4 Crimes, You Be the Judge
11Review From Yesterday Juvenile law did not always exist in the U.S. In Re GaultJuvenile Law and Criminal Law are NOT the sameRehabilitation vs. punishmentOffender vs. CriminalSentencing based upon individual vs. predetermined sentencing
12Juvenile Law in Minnesota Juvenile SystemCriminal SystemApprehended by policeArrested by policePetitioned for an offenseCharged with a crimeFound by court to have committed offenseFound guilty by courtSentenced to an adult correctional facility for a specified period of timeReceive a disposition to be placed in a juvenile facility
13Minnesota Juvenile Justice System Certified as an Adult/ Extended Jurisdiction JuvenileApprehendedOver 14 and charged with a felonyUnder age 10 at Time of offenseChild in need of protectionJuvenile CourtDismissedAge at time of offenseFound not to have committed chargeDenies ChargeAdmits to offense chargeTrialFound to have committed chargeDisposition Hearing
14Apprehension Most apprehensions are done by police officers If the juvenile is between 10 and 17 years of age, the case is referred to juvenile court and is considered rehabilitativeIf the juvenile is younger the 10 years of age, the case is sent to juvenile court as a child in need of protection and social services becomes involved
15Juvenile CourtUsually a bench trial which means the judge is the only fact finder and there is no juryJudge determines if the youth is delinquentIf youth is determine delinquent, the judge sets a date for the disposition hearing
16Certified as an Adult & Extended Jurisdiction Juvenile Occurs at Disposition HearingMay be certified as an adult if:Older than 14 years of age and charged with a felonyAge 16 or older and charged with first degree murderIf convicted, will receive an adult sentenceExtended Jurisdiction JuvenileBetween 14 and 17 years of age and charged with a felonyGiven a juvenile disposition and the adult sentence is stayedVocabulary to ReviewFelony: the Federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor. Crimes commonly considered to be felonies include, but are not limited to: aggravated assault and/or battery, arson, burglary, illegal drug use/sales, grand theft, robbery, murder, rape, and vandalism on federal property. Broadly, felonies can be categorized as either violent or non-violent (property and drug) offenses.Stayed: the juvenile is first given the chance to complete the terms of the juvenile disposition. If the juvenile fails to complete the juvenile disposition, the adult sentence, which may include incarceration in an adult correctional facility, takes effect.
17Tried as Adults: Cruel and Unusual Punishment? The 8th Amendment of the U.S. Constitution prohibits the infliction of “cruel and unusual punishment.”When juveniles are tried as adults they may receive life in prison without parole or the death penaltyDo you think these punishments are cruel and unusual?
18Juveniles as Adults Juvenile or Adult - What do you think?