Chapter 15 Juvenile Justice System

The Juvenile Justice System  When first created was viewed as quasi-social welfare agency  Parens patriae – system acts as a surrogate parent in the interests of the child  Critic argue that the juvenile justice system is outdated and should be focused on punishment.

The History of Juvenile Justice  Separating juveniles from adults can be traced back to two developments in English custom and law:  The development of poor laws – 1535 English passed statutes called Poor Laws that mandated appointment of overseers to place neglected children with families  The chancery court – concerned primarily with protecting property rights and welfare of more affluent minor children who could not care for themselves

The History of Juvenile Justice (cont.)  Care of Children in Early America  Youth who committed serious crime were treated as adults  Almshouses, poorhouses, workhouses  Child savers began developing organizations to help alleviate the burdens of the poor

The History of Juvenile Justice (cont.)  The Child-Saving Movement  Created programs for indigent youths  New York House of Refuge  Boston House of Reformation  Children’s Aid Society

The History of Juvenile Justice (cont.)  1899 First comprehensive juvenile court created in Illinois  Best interest of child  Paternalistic rather than adversarial  Probation department to monitor youths in the community  Reform Schools

Juvenile Justice Today  Has jurisdiction over two categories of offenders  Delinquents – violate the law, commit an offense in violation of penal code  Status offenders – truants and habitually disobedient  PINS – Persons in Need of Supervision  CHINS – Children in Need of Supervision

Juvenile Justice Today (cont.)  States have set different maximum ages below which children fall under the jurisdiction of the juvenile court  Some states exclude certain classes of offenders or offenses  Those that commit serious violent offenses may be automatically excluded  Creation of Family Courts

Police Processing of the Juvenile Offender  According to UCR, police arrest more than 1.5 million juveniles under age 18 each year  Most police departments have separate juvenile detectives  Most police may arrest for status offenses

Police Processing of the Juvenile Offender (cont.)  Use of Discretion  Decision to release or detain and refer to juvenile court  Decision based on offense, police attitudes, and child’s social and personal conditions  Factors significant to police decision making  Type and seriousness of child’s offense  Ability of parents to be of assistance in disciplining child  Child’s past contacts with police  Degree of cooperation  Denial of offense

Police Processing of the Juvenile Offender (cont.)  Legal Rights  Same Fourth Amendment rights as adults  Afforded greater Fifth Amendment protection

The Juvenile Court Process  Juvenile court plays major role in controlling juvenile behavior and delivering social services to children  Juvenile cases increased between 1960 – 1995  Since 1995 number has declined reflecting the overall decline in crime rate

The Juvenile Court Process (cont.)  The Intake Process  Court officers screen child to determine if needs to be handled formally or whether the case can be settled without formal intervention  Opportunity to place child in a community program  More than half of referrals to juvenile courts never go beyond this stage

Police Processing of the Juvenile Offender (cont.)  The Detention Process  Juvenile Justice Act of 1974  Use of detention increased 41% between 1985 and  Majority of those detained are white  Disproportionate number of African-Americans detained before trial

The Juvenile Court Process (cont.)  Detention Process (cont.)  Detention hearing required in most states  Right to counsel  Procedural due process rights  Criteria to support a decision to detain  Need to protect the child  Is child a danger to the public  Likelihood juvenile will return to court for adjudication

The Juvenile Court Process (cont.)  Reforming Detention  Remove status offenders from lockups  Detention of youths in adult jails  OJJDP Grants

The Juvenile Court Process (cont.)  Bail  Federal courts have not ruled on juvenile’s constitutional right to bail  Relatively few states use monetary bail  Release of child to parent viewed as an acceptable substitute

The Juvenile Court Process (cont.)  Plea Bargaining  Exists for the same reasons as in adult courts  When child makes admission, courts require the following procedural safeguards  Child knows of the right to a trial  Plea or admission is voluntary  Child understands the charges and consequences

The Juvenile Court Process (cont.)  Waiver of Jurisdiction  Most jurisdictions provide by statute a waiver of offenders to the criminal courts  Factors considered are the child’s age and nature of the offense  Some states allow waivers only in felony cases

The Juvenile Court Process (cont.)  Waiver of jurisdiction (cont.)  Kent v. United States (1966) – Court held that at the waiver proceeding juveniles must be afforded minimum requirements of due process of law, including right to counsel.  Breed v. Jones (1975) – Court held that prosecution of juveniles as adults in California Superior Court violated the double jeopardy clause of Fifth Amendment.

The Juvenile Court Process (cont.)  Waiver of jurisdiction (cont.)  Concurrent jurisdiction  Excluded offenses  Judicial waiver  Reverse Waiver  Effect of the Waiver

The Juvenile Court Process (cont.)  The Trial  Initial appearance – similar to arraignment in adult court  Fact-finding 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

The Juvenile Court Process (cont.)  Disposition and Treatment  Juvenile court judge imposes a sentence on the juvenile offender based on offense, prior record, and family background.  Bifurcated hearing process  Typical juvenile court dispositions  Suspended judgment  Probation  Placement in a community treatment program  Commitment to the state agency responsible for juvenile institutional care

The Juvenile Court Process (cont.)  Juvenile Sentencing Reform  Push for harsher sentences  Mandatory and determinate incarceration sentences  Effort to remove status offenders from juvenile justice system  Effort to standardize dispositions in juvenile courts

The Juvenile Correctional Process  Probation  Most common sentence for juveniles  Place under supervision in the community  General conditions of supervision, control and rehabilitative conditions

The Juvenile Correctional Process (cont.)  Deinstitutionalization  Large institutions too costly  Small residential facilities  Public support for community-based programs still exists in some areas

The Juvenile Correctional Process (cont.)  Aftercare  Help youths make the transition from residential or institutional settings  Parole  Procedural protections in probation and parole revocations

The Juvenile Correctional Process (cont.)  Preventing Delinquency  Designed to intervene before delinquent acts  In past was responsibility of treatment oriented agencies  Today community treatment involves combination of juvenile justice and treatment agencies  Fast Track Program  CAR/CASASTART Program