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Chapter 13 The Juvenile Justice System

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1 Chapter 13 The Juvenile Justice System

2 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

3 The History of Juvenile Justice
Tracing the early development: English custom and law: Development of poor laws The Chancery Court

4 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

5 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

6 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

7 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

8 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’

9 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

10 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

11 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

12 Status Offense Examples

13 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

14 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

15 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

16 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

17 Case Flow through the Juvenile Justice System

18 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

19 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

20 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

21 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

22 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

23 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

24 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

25 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

26 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

27 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

28 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

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