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

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

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

Juvenile Justice throughout History 2009 Pearson Education, Inc

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Legal Environment 2009 Pearson Education, Inc

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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