1. Juvenile Justice Overview
Written by
Dale Herren, Deputy Probation Officer II

2. Historical Perspective*
Roots of probation can be traced to 16th century Europe and French educational and religious reform movements
Changed the public view of children from “miniature adults” to persons whose moral and cognitive capacities are not fully developed.
This led to the development of boarding schools with rigid requirements that would form the mentality and morality of the child.
Timeline handout

3. The British doctrine of parens patriae (literally – parent of the country)*
The right of the state to intervene in the life of a child differently from the life of an adult.
Interpreted as the right of the King (state) to provide protection for persons who were not of full legal capacity.
Generally applied in cases of neglect and abuse and on behalf of insane and incompetent persons.
Emphasis on the welfare of the child.
Parens patriae handout

4. The English Court of Chancery dealt with neglected, dependent, or destitute children. Any child over 9 years of age might be found guilty and punished for a felony, and even younger children were tried and sentenced for less serious offenses.

5. In 1796, a Quaker-led reform movement in New York City led to legislation which replaced whipping and death with confinement in newly built prisons for many offenses.

6. 1823 – the Society for the Prevention of Pauperism in New York City report
Focused on plight of the horde of “dirty-mouthed children who thronged the city streets and subsisted on picking pockets and other crimes.”
Recommended erecting a house of refuge for vagrant and deprived young people and declared that the contamination of children by locking them up with mature criminals had been one of the worst consequences of the prison reform.

7. 1824 – the New York Legislature granted the Society’s successor the authority to build a house of refuge for the reformation of juvenile delinquency.

8. The early houses of refuge in New York, Pennsylvania, Massachusetts, and Ohio were founded on the principles of education and religion.
By the 1850’s – a new type developed, exemplified by rural cottage institutions in Massachusetts and Ohio.

9. John Augustus – Father of Probation
Boston shoemaker
1841 – bailed a drunkard out of jail, took him into his home in effort to reform him.
1847 – bailed 19 boys aged 7 – 15 years
Court understood and agreed that cases should be continued from term to term for several months as a season of probation.
Boys appeared monthly before the Court for five or six months.

10. 1869 – Massachusetts legislature required a state agent to be present at any trial that might result in a child’s being placed in a reformatory.
Tasks of this agent:
Alternative placement
Protect child’s interest
Investigate case before trial
Supervise Court’s plan for child after disposition.

11. 1870 – Suffolk County, Massachusetts – children were tried separately from adults
1872 – State-wide
1878 – Massachusetts
Probation became mandatory state-wide
Salaried Probation Officers required for each Court jurisdiction
By 1900 – Vermont, Rhode Island, New Jersey, New York, Minnesota, and Illinois had passed similar laws

12. 1892 – New York, Indiana, and Rhode Island also passed laws to try children separately from adults.
1899 – Illinois Juvenile Court Act – Cook County – the first of its kind, not only in the US, but in the world.*
1900 – 1910 – Thirty two more states passed legislation establishing juvenile probation services.
Cook County was also one of the first to have a separate court for girls presided over by a woman judge elected for that purpose.

13. By 1930 – Juvenile probation was legislatively authorized in every state except Wyoming.

14. The definition of delinquency was broadened shortly after the Illinois Juvenile Court Act to embrace both the list of peculiarly juvenile offenses, such as frequenting places where any gaming device was operated and the apparently all-encompassing “status offenses” of incorrigibility and growing up in idleness or crime.

15. 1907 – the definition was again broadened to include:
Running away from home
Loitering
Using profanity

16. Crime by juveniles was not seen as crime in the sense that it was for adults, but as evidence of delinquency.
Juvenile errors and omissions were not to be held against an offender in later life.
Court’s task was not to punish juvenile crime, but to guide delinquents to responsible and productive adulthood.

17. Juvenile Cases Kent v U.S. 1966
Dealt with Transferring juveniles to adult court; representation by attorney; access to juvenile records.
Four problems were seen
Lack of hearing
Lack of effective assistance of counsel
Access to records
Lack of statement of reasons for transfer

18. Miranda v Arizona
Recognized the need to impose strict constitutional limits upon custodial interrogation.
Requires a clear foundation for the waiver of the fundamental right against self-incrimination. Waiver must be both knowledgeable and voluntary.
Independent of any rights of the parents.
Protects the child against the authority of the state and against any conflicting interest or attitude of the parents.

19. In re Gault 1967*
Adjudicatory Hearing; Notice of charges; right to counsel; rights of confrontation at hearing
No “due process” rights or fundamental fairness standards made applicable.
Arizona case
Gault handout, video

20. 1968 – the Juvenile Delinquency Prevention and Control Act was passed by Congress
In re Winship 1969
Standard of proof: beyond a reasonable doubt - was the same standard as in civil cases
By a preponderance of the evidence = more than 50%
Reasonable doubt = the evidence, taken as a whole, tends to exclude every other reasonable explanation, except as charged, with a moral certainty.

21. 1974 – the Juvenile Justice and Delinquency Prevention Act
Created the Office of Juvenile Justice and Delinquency Prevention within the U.S. Department of Justice
Deinstitutionalization of status offenders and non-offenders
Separation of incarcerated juveniles from adults

22. 1984 – Schall v Martin – preventive pre-trial detention of juveniles; “fundamental fairness” standard of due process clause
1988 – Thompson v Oklahoma – did not authorize death penalty for 15 year olds
1989 – Wilkins v Missouri – death penalty ruled not cruel and unusual for 16 or 17 year olds

23. Other Cases 1971 – McKeiver v Pennsylvania – no right to trial by jury
1975 – Breed v Jones – double jeopardy: juvenile adjudication equated to criminal conviction
1978 – Swisher v Brady – no double jeopardy: in de novo (new) hearing or supplemental findings by judge after trial before a master

24. Definition of Delinquency
Includes offenses committed by juveniles that are in violation of federal, state, and local laws, which breaches of the law by adults would be punishable by fines or imprisonment;
Certain forms of behavior peculiar to youth, such as running away from home, excessive truancy from school, incorrigibility, and similar forms of deviant behavior;

25. And being in places or living in surroundings that are regarded as harmful to youth, and that lawfully may be interpreted as requiring official action.*
Delinquent acts handout.
Brief case histories

26. Delinquent/Incorrigible Acts*
Parent, School or other notifies Law Enforcement
Law Enforcement issues
Citation
Status Offenses – Acts by juveniles which constitute a public offense only because committed by children
Date set for appearance in Municipal or Justice Court
Juvenile placed on Summary Probation and given consequences
If copy received at Probation, entered into JOLTS as Information Only – no further action.
If juvenile fails to comply, lower courts forward to Probation and a Petition may be filed in Superior Court for Interfering With Judicial Proceedings.
Tracking handout and terminology handout

27. Referral/Complaint
“Delinquent Act”: Offenses that would be a “crime” if committed by an adult.
Felony
Misdemeanor
Runaway Juvenile (only Status offense handled directly by Probation rather than lower court)
Sent to Probation
Diversion/Adjustment
Send to County Attorney
File Petition

28. Diversion Program
County Attorney designates certain offenses for Diversion (a method of avoiding prosecution of juvenile offender) without additional review.
First or Second offenses – most misdemeanors, Possession of Drug Paraphernalia
All Runaway Juvenile referrals
Third referral and beyond must go to County Attorney except Info Only and RAJ. If the juvenile was placed on probation - all additional referrals go to the County Attorney except Info Only and RAJ.

29. Once it is determined that a referral is qualified for Diversion, an appointment is set.
Parent and Juvenile attend
Meet with Probation Officer
Three conditions to Diversion
Admit
Accept Interventions
Successfully Complete Interventions

30. Parent provides information regarding
Social history, family
School
Behavior
Juvenile provides information regarding
Drug/alcohol use
Treatment by family
Employment
Friends
Factual basis of offense

31. Juvenile admits responsibility
Identifies victims and how they felt – no victimless offenses
What repair is needed
Interventions at home
Remorse
What was learned from the interview

32. Interventions are assigned based on
Type/nature/number of offense
Age of juvenile
Juvenile’s needs as determined by the information provided on the parent and juvenile forms
Juvenile’s risk to re-offend
Victim’s needs

33. Interventions are designed to
Improve decision/choice making skills
Teach empathy
Teach skills
Repair harm to victim/community
Protect the community by keeping the juvenile busy and re-directing his interests and actions in a positive direction

34. Examples of Interventions
Community Restitution Hours
Teen Court
Apology Letter
Essay
Counseling
Teen Law School
Tutoring
Monetary Assessment

35. Fees are assessed PAF Victim Rights Fee Surcharge
Fees for other programs
Monetary assessments
Juvenile has a maximum of 90 days to complete interventions although shorter time frames are usually given. Probation Officer monitors file for the next 45 to 90 days to insure completion.

36. If the juvenile successfully completes all the interventions, the file is closed Diversion Complete.
If the juvenile fails to complete all the interventions, the referral is sent to the County Attorney with recommendations.
Close, sufficient – Diversion Non-Complete
Extend time
File Petition
Other

37. Delinquency Petitions
When the County Attorney’s office determines that a Petition should be filed:
Summons is served with date and time of first hearing.
Advisory Hearing or Initial Appearance – IA
Adjudicatory Hearing
Contested Adjudicatory
Disposition
Restitution
Transfer

38. Advisory Hearing or IA Inform juvenile and parent/guardian of charges.
Advise juvenile of the right to an attorney.
Find probable cause.
Advise juvenile of the right to admit or deny the charge.
Determine terms of release.
Set date for next hearing.

39. Adjudicatory Hearing
To prove “beyond a reasonable doubt” that the juvenile committed the offense.
Set time of next hearing if the juvenile is found delinquent.
Set terms of release if the juvenile is found delinquent.

40. Contested Adjudicatory Hearing
Bench Trial
Defense and State can call witnesses
Juvenile can testify in his/her own defense but does not have to and it cannot be held against him/her if he/she chooses not to.
If found innocent – case is closed
If found delinquent – proceeds to Disposition Hearing

41. Disposition Hearing Determines custody of delinquent juvenile.
Provides an intervention for all juveniles found delinquent or who admit delinquency at a previous hearing.
Is considered the sentencing hearing.

42. Fingerprints are taken for all felony offenses
DNA for certain types of offenses
DMV Abstract for certain types of offenses

43. Grants of Probation Standard Probation Juvenile Intensive Probation
One year
See PO 2-3 times per month
Curfew
Other conditions
Juvenile Intensive Probation
Statute and Supreme Court Administrative Order
Until 18th birthday/9 month program
See PO 4 times a week
32 hour per week requirement
House arrest
Mandatory for 2nd felony adjudication

44. Juvenile Detention
Detention of juveniles is addressed in Rule 23 of the Arizona Juvenile Court Rules of Procedure.
Upon admission to the detention facility:
Juvenile and parent/guardian must be notified of the reason for admission and location, date and time of the detention hearing. A written record of the time and manner of the notification must be made.

45. A determination must be made of the juvenile’s conduct and whether his/her contact with other juveniles must be restricted.
The juvenile must be advised of the right to telephone a parent/guardian and counsel following admission, and the right to visitation in private by the parent/guardian and counsel.

46. Juveniles must be seen within 24 hours of admission, unless a Delinquency Petition or Criminal Complaint is filed.
When a Petition is filed, the juvenile must be seen within 24 hours of that filing, unless so ordered by the court after a hearing.
If a juvenile is not seen within 24 hours of the filing of a Petition, the juvenile shall be released to parent/guardian or other responsible person, or to DCS if such person cannot be located.

47. Probable Cause
A juvenile shall be detained only if there is probable cause to believe that the juvenile committed the acts alleged in the referral, petition or complaint, and there is probable cause to believe:

48. The juvenile will not otherwise be present at any hearing; or
The juvenile is likely to commit an offense injurious to self or others; or
The juvenile must be held for another jurisdiction; or
The interests of the juvenile or the public require custodial protection; or
The juvenile must be held pending the filing of a complaint pursuant to ARS

49. Detention is not an ordinary child care job, not just another means of shelter or custodial care, not a punitive institution or a dumping ground for other agencies, and not for long-time care, study, or treatment purposes.
Provides primarily: physical care and custody under safe and healthful conditions; a place to meet non-physical needs, such as orientation and follow-up interviews, supervision of recreational, educational, and other activities, taking into account the age and developmental levels; and information to the court based on observation and clinical study of the child’s capacities and needs as revealed during detention.

50. Mohave County Juvenile Detention Facility
Staffed to house 32 juvenile.
Houses both males and females.
Two holding cells for juveniles whose access to other juveniles is restricted.
Accredited school.

51. Arizona Department of Juvenile Corrections (ADJC)
Sentenced until 18th birthday
Special Programs
Crossroads – for violent offenders
Chronic Offenders – chronically aggressive male offenders
Journey – sexualized behavior offenders
Triumph – mentally ill males
Maya – mentally ill females
Recovery – drug abusing male offenders
Freedom – additional drug abusing male offenders
Recovery – 1999 opened for drug abusing females

52. Transferred Youth ARS 8-237
The state requests an order of the juvenile court transferring jurisdiction of the criminal prosecution of any felony filed in the juvenile court to the criminal division of the superior court.
The court will hold a transfer hearing prior to the adjudicatory hearing.
Preponderance of the evidence

53. Transfer Hearing
To determine probable cause that the juvenile committed the offense.
Hear testimony on why the juvenile should not be transferred to adult court to stand trial. Transfer is presumptive and the PO prepares a Transfer Report for/against.
Set terms of release.
Set date of next hearing.

54. Factors which determine transfer
Seriousness of offense
Record and previous history of juvenile, including previous contacts with the courts and law enforcement, previous periods of court ordered probation and the results of that probation.
Any previous commitments of the juvenile to juvenile residential placements and secure institutions.

55. Continued
Any previous commitments of the juvenile to the department of juvenile corrections for a felony offense
Did the juvenile commit another felony offense while he/she was a ward of the department of corrections.
Did the juvenile commit the alleged offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.

56. Continued What are the views of the victim(s) of the offense(s)?
The degree of the juvenile’s participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution.
The juvenile’s mental and emotional condition.

57. Continued
The likelihood of the juvenile’s reasonable rehabilitation through the use of services and facilities that are currently available to the juvenile court.
At the conclusion of the Transfer Hearing, the court makes a written determination to transfer or not. If not, the court sets an Adjudicatory Hearing.

58. Direct File
ARS – Persons under 18 years of age; felony charging
Juveniles 15, 16 or 17 years of age who are accused of:
1st or 2nd degree murder
Forcible sexual assault
Armed robbery
Any other violent felony offense (Aggravated Assault, including use of deadly weapon; Drive by shooting; discharging a firearm at a structure per statutes)
Any felony offense committed by a chronic felony offender (two prior and separate adjudications)
Any offense that is properly joined to an offense as above.

59. Juveniles who are at least 14 years of age and are accused of:
A Class 1 felony
A Class 2 felony
A Class 3 felony for:
Preparatory (attempted, solicitation, conspiracy, facilitation)
Homicide □Assault
Kidnapping □Sexual Offenses
Criminal Trespass and Burglary
Criminal Damage □Arson
Robbery □Organized Crime, Fraud and Terrorism

60. A Class 4, 5, or 6 felony involving the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument
Any felony offense committed by a chronic felony offender
Any offense that is properly joined to offenses as above

61. In summary:
Development of Juvenile Justice began with the acknowledgement that juveniles are not “miniature adults”.
Probation had its birth in the 1840’s with John Augustus.
Juveniles are not considered “criminals”. They are “adjudicated delinquent”.
Focus is on rehabilitation first, then community protection.

62. A grant of probation is a form of disposition made by the court
A grant of probation is a form of disposition made by the court. It is a non-punitive method of treating juveniles, resting on the right of the court to suspend sentence. It is not leniency or mercy, but rather a constructive treatment process.
As applied to juveniles, probation means a judicial guardianship.

63. Juveniles are granted the same rights as adults.
Probation can handle some offenses through the Diversion Program.
Juveniles are held responsible for their actions and given interventions which can include detention and incarceration in some cases.
The Juvenile Justice System has as its main focus the best interests of the juvenile.