1. 15 Juvenile Justice CHAPTER
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

2. Juvenile Delinquency
Juvenile delinquency refers to juvenile actions or conduct in violation of criminal law, juvenile status offenses, or other juvenile misbehavior.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

3. OJJDP Statistics More than 1.6 million juveniles are arrested annually
in America.
Violent crimes by juveniles are decreasing.
Younger juveniles account for a substantial portion
of juvenile arrests and the juvenile court caseload.
Female delinquency has increased 76% in the last
decade.
The number of juveniles held in public facilities has
increased sharply.
Minority juveniles are greatly overrepresented in the
custody population.
Crowding is a serious problem in juvenile facilities.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

4. Juvenile Justice throughout History
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5. Juvenile Justice Throughout History
Before the modern era, little distinction was made between criminality and delinquency. Children were treated the same as adults.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

6. History of Juvenile Justice
Around 753 BCE
Roman law—Children had membership in their family, but the father had absolute control over children.
Patria postestas led to the English concept of “parens patriae.”
Patria postestas—The power of father extended to issues of life and death for all members of the family including slaves, spouses, and children.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

7. History of Juvenile Justice
“Parens patriae”—Common law principle
that allows state to take custody of a child
when s/he becomes delinquent, is abandoned,
or is in need of care, which the natural
parents are unable, or unwilling, to
provide.
Originally, the king was considered the
father of the country and thus had parental
rights over all his citizens.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

8. History of Juvenile Justice
Middle Ages
Church strongly influenced conception of children.
English Common Law adopted the Church
perspective about children under 7 in relation to
law violations.
At this time, Church view was that children under
age 7 had not yet reached the age of reason,
therefore, they could not be held liable for spiritual
offenses.
Under English law, individuals between 7 and 14
were accorded special status as juveniles, while
adulthood began at 14.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

9. Juveniles in Early America
Puritan influence was dominant during early
colonial period. The focus was on obedience
and discipline.
Laws reflected teachings of the Bible.
Juveniles and adults were mixed in both jails
and prisons.
Punishments were severe to protect colony
from the wrath of God.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

10. Juveniles in Early America
Massachusetts Law in 1600s
“If a man has a stubborn or rebellious son of sufficient years of understanding, viz. sixteen, which will not obey the voice of his father or the voice of his mother…, then shall his father and mother, …lay hold on him and bring him to the magistrate … testify to them by sufficient evidence that this their son is stubborn and rebellious and will not obey their voice and chastisement, …. Such a son shall be put to death.”
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

11. Juveniles in Early America
European Enlightenment
Period—1600 and 1700s
This period rejected supernatural
explanations in favor of scientific ones.
During this time, there was growth in the
industrial economy and a move away from
farming.
It reassessed the place of children in society.
Children were recognized as heirs to the
future, and there was concern for that future.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

12. The Institutional Era – 1800s
Houses of Refuge
Society for the Prevention of Pauperism
established first house of refuge in New York
City (1824).
They were designed to save children from
lives of poverty and crime.
They housed mostly thieves, vagrants, and
runaways.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

13. The Institutional Era—1800s
Child Saver Movement
Mid 1800’s
Combined Christian principles with strong
emphasis on worth of individual
Guide and protect children
Anthony Platt, The Child Savers: The
Invention of Delinquency, (University of
Chicago Press, 1977)
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

14. Institutional Era—1800s 1860—Chicago Reform School
Product of child savers movement
Focused on predelinquent youth who showed
propensity for more serious crimes
Emphasized traditional values and hard
work
Idealized country living, causing several
reform schools to be farms
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

15. The Juvenile Court Era
1870—Massachusetts passed legislation requiring separate hearings for juveniles.
1877—New York passed law requiring separate hearings and prohibiting contact between juvenile and adult offenders.
1898—Rhode Island passed juvenile court legislation.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

16. The Juvenile Court Era
1899—Illinois Juvenile Court Act created a juvenile court, separate in form and function from adult criminal courts. It was
considered to be the first juvenile court system in the United States.
1938—federal level—Juvenile Court Act included many features of the Illinois Act.
1945—By this year, every state had legislation focusing on juveniles.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

17. Five Principles of the Juvenile Court Movement
State is “higher or ultimate parent” for all
children.
2. The belief that children are worth saving and
that non-punitive procedures should be used.
3. The belief that children should be nurtured
while being protected.
4. Justice for children should be individualized.
5. Non-criminal procedures are necessary, and
denial of due process can be justified because
intent is to “help,” not punish.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

18. Categories of Children in the Juvenile Justice System
In the juvenile justice system, children may be classified as:
Delinquent—Violators of the criminal law.
Undisciplined—Beyond parental control and in need of state protection.
Dependent—Lacking parents to care for them, abandoned, or placed for adoption.
Neglected—Lacking proper care from parents or guardians.
Abused—Physically, sexually, or emotionally abused by custodians.
Status offenders—A special category which embraces laws written only for children (truancy, curfew, runaway, etc.).
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

19. The Legal Environment
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20. The Legal Environment
For the first half of the twentieth century, the U.S. Supreme Court took a hands-off approach to juvenile justice.
It was not until the 1960s that the Court began to scrutinize the principles underlying the juvenile justice system.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

21. Kent v. U.S. (1966) Supreme Court Decision:
Court upheld appeal and ordered
adequate hearings for juveniles being
considered for transfer to adult court.
Juveniles are entitled to representation by
attorneys at such hearings.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

22. Kent v. U.S. (1966) This was the first time the Supreme
Importance of Case:
This was the first time the Supreme
Court recognized the need for at least
minimal due process in juvenile court
hearings.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

23. In re Gault (1967) Supreme Court Decision:
U.S. Supreme Court held for Gault based on four of
six issues related to due process:
Notice of charges
Right to counsel
Right to confront/cross-examine witnesses
Protection against self-incrimination
Court rejected the other two issues:
Right to transcript
Right to appeal
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

24. In re Winship (1970)
Winship was sent to a training school for 18 months.
Winship’s attorney appealed based on the standard of evidence used.
U.S. Supreme Court upheld appeal establishing proof beyond a reasonable doubt as standard in juvenile proceedings of delinquency.
Court still allows a preponderance of evidence in juvenile cases where the juvenile is charged with a status offense.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

25. McKeiver v. Pennsylvania (1971)
Supreme Court Decision:
U.S. Supreme Court denied the appeal, holding that jury trials for juveniles were not mandated by the Constitution.
Today, approximately 12 states voluntarily provide jury trials for juveniles.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

26. Breed v. Jones (1970) Supreme Court Decision:
U.S. Supreme Court upheld appeal of
Jones, pointing to the fact that the double
jeopardy clause speaks in terms of
“potential risk of trial and conviction—
not punishment” and concluded that two
separate adjudicatory processes were
sufficient to warrant a finding of double
jeopardy.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

27. Schall v. Martin (1984) Supreme Court Decision:
U.S. Supreme Court upheld the
constitutionality of New York’s statute,
ruling that pretrial detention of juveniles
based on “serious risk” does not violate
the principle of fundamental due process
fairness.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

28. Roper v. Simmons (2005)
The Court set a new standard when it ruled that age is a bar to execution when the offender commits a capital crime when he is younger than 18.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

29. Legal Aspects of Juvenile Justice
New Jersey v. T.L.O. (1985) held that juveniles
are protected against unreasonable search
and seizure by school officials. A search can
be considered reasonable if:
It is based on a logical suspicion of rule-breaking actions;
It is required to maintain order, discipline, and safety among students; and
It does not exceed the scope of the original suspicion.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

30. Limit of Juvenile Court Jurisdiction Over Young Offenders
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

31. Differences Between Juvenile and Adult Systems
Focus on delinquency
Limits rights of
juveniles against
unreasonable
searches
Provides rights
against self-
incrimination
Adult
Focus on criminality
Provides for comprehensive
rights against
unreasonable searches of
person, home, and
possession
Provides rights against self-
incrimination
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

32. Differences Between Juvenile and Adult Systems
Focuses on interests
of the child
Helping context
Petitions or
complaints
legitimize
apprehension
Adult
Assumes innocence until
proven guilty
Adversarial setting
Arrest warrants—the basis
of most arrests
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

33. Differences Between Juvenile and Adult Systems
Provide for right to
an attorney
Closed hearing and
no right to jury trial
Protections and
treatment—the
goals
Adult
Provide for right to an
attorney
Public trial and right to
jury trial
Punishment and
reformation—the goals
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

34. Differences Between Juvenile and Adult Systems
Specific right to
treatment
Sealed records; may
be destroyed at a
specific age
Released into
parental custody
Separate facilities at
all levels
Adult
No right to treatment
Public record of trial and
judgment
Possibility of bail or release
on recognizance
Possible incarceration in
adult correctional facility
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

35. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

36. How the System Works Four Stages: Intake Adjudication Disposition
Viewed as a process.
Four Stages:
Intake
Adjudication
Disposition
Postadjudicary review
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

37. Intake
Intake—The first step in decision-making regarding a juvenile whose behavior or alleged behavior is in violation of law or could otherwise cause a juvenile court to assume jurisdiction.
Via arrest or through the filing of a juvenile petition.
Detention hearings—These are conducted by a juvenile court judge.
Preliminary hearings may be held to determine if probable cause exists.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

38. Adjudication The adjudication hearing is the fact-finding
process wherein the juvenile court determines
whether there is sufficient evidence to sustain
the allegations in a petition.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

39. Adjudication Juveniles have due process, yet there are some
differences between juvenile and adult
adjudication, including:
Emphasis on privacy
Informality
Speed
Evidentiary standard
Philosophy of the court
No right to trial by jury
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

40. Adjudication Today, teen courts (peer courts) offer
alternatives to juvenile justice wherein
alleged offenders are judged and sentenced
by a jury of their peers.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

41. Disposition
Dispositional hearing—The final stage in processing of adjudicated juveniles, in which decision is made on the form of treatment or penalty which should be imposed.
Judge typically has wider range of dispositions than do judges in adult criminal cases.
Because rehabilitation is the primary objective, the judge is likely to select the “least restrictive alternative.”
Most judges decide NOT to confine juveniles.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

42. Overcrowding in Facilities
Overcrowding occurs in many juvenile facilities.
Half of all states report overcrowding in juvenile facilities.
22 states are operating facilities at more than 50% over capacity.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458