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Juvenile Justice: Unit Two Larned Juvenile Facility.

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1 Juvenile Justice: Unit Two Larned Juvenile Facility

2 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

3 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 status Prosecutors can determine status

4 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

5 You Be the Judge p. 190 Street Law Read: Determining Juvenile Status with a partner and write down your responses

6 History of the Juvenile system mid-19 th 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

7 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

8 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

9 History of the Juvenile system Hearings were closed to the public so identity would be private Used different terms from adult court…

10 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 JuvenileAdult

11 (3) Categories of Juveniles 1. Delinquent offenders 1. Delinquent offenders –The crimes that were committed would have sent an adult to jail or prison

12 Categories continued… 2. Status offenders 2. 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 C are

13 Categories continued… 3. Neglected and Abused 3. 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)

14 Read Gault Case p. 194 Do a., c., d., with a partner

15 1967 Gault Case

16 Unfair Arrest on less than probable cause Not informed of Miranda rights Could not contact family or attorney Not informed of nature of hearing Could not confront witness Receiving a harsh punishment Appeal nearly impossible

17 Fair Parents were informed of the hearing Gault given opportunity to prove innocence

18 Rights adults have Bail Trial by jury Right to a trial record for appeal

19 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

20 Supreme Court rulings continued… Gault case established basic rights for the juvenile p. 194 –T–The right to remain silent –T–The right to an attorney –T–The right to confront witnesses –T–The right to be notified of the charges against them

21 McKeiver v. Pennsylvania (1971) Supreme Court decided that jury trials were not required in juvenile cases

22 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

23 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

24 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

25 Host Law: KS House Bill No. 2319

26 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

27 “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.”

28 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.

29 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

30 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.

31 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, 2 nd drug felony or possession of a firearm while committing a felony

32 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.

33 Question of the Day Is the death penalty cruel and unusual?

34 8 th Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

35 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

36 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 7 th Felony conviction

37 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

38 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

39 Gregg v. Georgia 1976 Court ruled that the death penalty was not in itself cruel and unusual 8 th and 14 th 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

40 Death Penalty So… Is the death penalty cruel and unusual punishment?

41 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?

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