Juvenile Justice

Who are juveniles? States can set age at which individuals become adults Most states- age 18 In NC: age 16 Delinquent: when juvenile breaks a law Most of US states define adult at 18; NC and NY define juvenile who has committed a criminal offense as no older than 16, which places 16- and 17- year olds in a position where they are tried as adults for any offense Currently 2 bills are trying to raise the age of juvenile jurisdiction. Most of that would be for petty and less serious offenses. Serious crimes like rape, kidnapping, murder, manslaughter would still be tried as adults. Most states now certify juveniles for trial as adults under certain circumstances; usually when youth is 14+ and accused of committing a felony. If convicted, usually punished the way adults are punished.

Factors contributing to delinquency BE CLEAR: DO NOT CAUSE DELINQUENCY. Abuse/neglect Emotional/mental issues Poverty Poor neighborhood conditions Gang membership Drug/alcohol abuse Peer pressure As education level goes up, crime level in general goes own. Most inmates in state & federal prison never finished high school

Juvenile Justice System Set up in late 1800s Before this time, juvenile offenders treated as adults Primary goal: rehabilitation rather than punishment DIVERSION Juveniles at least 7+ held responsible for their crimes

Types of Cases Neglect Delinquency Neglected/ abused by caregivers Commit crimes

Juvenile Justice Process Court procedure similar to that of adult trials Arrest, notification… big difference is it’s a series of hearings rather than full trial Adjudication hearing: are allegations (claims) true? Dispositional hearing: judge decides plan/sentence

Sentencing Options (a selection): Dismiss/ send home Foster care Probation Counseling Juvenile corrections Juvenile detention center is basically a formal prison for minors Residential treatment facilities  drug, alcohol, mental health “Protective supervision”  court counselor & counseling Probation levels  court counselor, follow rules, counseling

Special protections for juveniles No jury: series of private hearings Trial closed to public (only involved parties can attend) Keep identity secret (ex: NJ v. TLO) Public can’t view records Not fingerprinted/ photographed when arrested In some cases, record erased when juvenile becomes adult

What does the Supreme Court say about juvenile protections? In re Gault (1967): juveniles are protected by due process clause of 14th amendment Includes protections like…. Parents/guardians must be notified at time of arrest Right to attorney Must be notified in writing of charges against them Right to question all witnesses Right to remain silent Can refuse to testify against themselves in court Does NOT have: right to bail; trial by jury; speedy trial; self-representation

When Kids Get Life http://www.pbs.org/wgbh/pages/frontline/whenkidsgetlife/