Juvenile Justice History Review New York House of Refuge – First juvenile detention center – Became a place to put delinquent youth Included kids without parental supervision The Illinois Juvenile Court Act – First court established with specific jurisdiction over children charged with crimes and other various behaviors or conditions
Juvenile Justice History Review Kent v. United States – Established due process for juveniles For example: the right to counsel In re Gault – Added due process rights Notice of the charges Notice of the right to counsel The right to confront witness
Juvenile Justice History Review Juvenile Justice and Delinquency Prevention Act of 1974 – Established federal guidelines for the juvenile justice process – Created the OJJDP to collect statistics on juvenile offenses
Juvenile Justice Examining the Process
juvenile delinquency A special category of offense created for youths— that is, in most U.S. jurisdictions, persons under the ages of 17 and 18.
Juvenile Justice Terms Adult Term – Crime – Arrest – File Charges – Not Guilty Plea – Guilty Plea – Trial – Found Guilty – Sentencing – Jail – Parole Juvenile Term – Offense – Take into custody – Petition – Denial – Admission – Adjudication hearing – Found delinquent – Disposition – Detention – Aftercare
The Legal Context of the Juvenile Court The doctrine of parens patriae served as the foundation for the juvenile court
parens patriae The legal philosophy justifying state intervention in the lives of children when their parents are unable or unwilling to protect them.
The Formal Juvenile Justice Process The police represent the primary gatekeepers to the formal juvenile justice process. 85 percent of delinquency cases referred to the juvenile courts come from police agencies. Status offenses are often referred by others.
status offenses Acts that are not crimes when committed by adults but are illegal for children (for example, truancy or running away from home).
Intake No Action (case ends) Formal charges Diversion (informal actions) – Community service, counseling, restitution, academic programs
intake screening The process by which decisions are made about the continued processing of juvenile cases. Decisions might include dismissing the case, referring the youth to a diversion program, or filing a petition.
Diversion The goal of juvenile diversion programs is to respond to youths in ways that avoid formal juvenile justice processing. Diversion usually occurs before adjudication.
Detention Hearing Similar to pre-trial release Must determine flight risk and willingness to return to court
Transfer Hearing In some cases, juveniles will be transferred to the adult court system This is a hearing to determine if the juvenile should be transferred (typically a formality)
Adjudicatory Hearing The juvenile’s trial No jury One judge Can still call witnesses
Disposition Hearing Also known as a sentencing hearing A number of different sentencing options are allowed in juvenile courts For example:
Sentencing Options Juvenile detention Residential or non- residential services Probation – supervision Community service Apologies Essays Educational workshops Drug testing Counseling Victim awareness class Victim/offender mediation Jail tour Teen court Mentoring
You Be the Judge Eric? Marcia? Jose? Angela?