The Juvenile Justice System 4.1 – Introduction to Juvenile Justice System October 1,

Objectives: SWBAT Analyze the impact of recidivism on society Identify key aspects of the Juvenile Justice System 2

History and Overview Rooted in reforms of the mid-19 th century The root cause of delinquent behavior was bad parents Juveniles should not be in the same system as adults Children can be rehabilitated easier The first Juvi. Court was in Cook County, IL 1899 The court could act as a parent/ guardian of the child Parens Patriae The state has the right to act to benefit the life/ well-being of a child The records are sealed, identity hidden 3

The Juvenile System Three types of offenders are handled Delinquent Offenders Children that have committed acts that would be crimes if they were adults Federal, State, local levels Status Offenders Acts that would not be crimes if they were adults Truency Curfew violation Drinking, smoking, etc etc Persons/ Minors / Children in need of supervision (PINS, MINS, CHINS) Neglected/ Abused Children The state needs to protect the child 4

The Juvenile System In most states the Juvi systems extends through 17 Some states end at Once a person reaches the AGE OF MAJORITY (18) they can only be tried in adult court The Juvi system straddles the line between “humanitarian” and “control” philosophies of law 5

Juvenile System Offense Take Into Custody Petition Denial Admission Adjudicatory Hearing Found delinquent Disposition Detention Aftercare Ault System Crime Arrest File Charges Not Guilty Guilty Trial Found Guilty Sentencing Jail Parole 6

The Juvenile Justice Process 7 Taken into Custody Initial Hearing Adjudicatory Hearing Disposition Release Case Dismissed Diversion w/ Services Released to Parents Diversion w/ Services Detained Referral to criminal court Referred to alternative program

Taken Into Custody Police have very broad authority to release or detain INTAKE The informal process by which court officials and/ or social workers decide to take a juvenile offender to Juvi. Court It is estimated that roughly 1/3 of offenders are released during the intake process. Disposal Diversion Transfer 8

Initial Hearing Similar to the adult system The validity of the charge is determined You get an attorney Your due process rights must be upheld The SCOTUS has ruled that juveniles do not have the right to bail Juvi offenders are either released to parents/ guardians or detained until trial Preventative Detention Detention that serves the distinct purpose of protecting the community, or the offender themselves 9

Adjudicatory Hearing This is a fact-finding hearing, determining the facts of the case Generally these are closed to the public Records are sealed Juveniles do not have a constitutional right to a trial (their peers can not serve on juries) Some states do allow for jury trial 10

Adjudicatory Hearing The Juvi. Does get a lawyer And witnesses And the attorney does cross examine other witnesses Exactly like a trial The biggest difference is the lack of a jury A judge holds the sole decision of innocence vs. guilt 11

Dispositional Hearing If the Juvenile is found delinquent then there is another hearing The judge hands down a DISPOSITION Based on the offense Disposition Report Takes into account family life, psychological evaluation, past record, school records, etc. The Disposition process is supposed to provide for individualized treatment towards rehabilitation Sentencing options: Probation; Community Service; Fines ; Treatment Programs; Institutionalization 12

Juvenile Facilities States have the ability to incarcerate Juveniles for the maximum sentence allowed by state law Usually 1 – 3 years Or until the age of majority (18 or 21) whichever comes first Although the goal of these institutions is rehabilitation, few officials say this is fully achieved What makes rehabilitation so difficult? 13

Recidivism 1) what is Recidivism? 2) Why is recidivism such a problem? 3) Why are recidivism groups measured in three- year increments? 4) What partnerships has the department of corrections forged to combat the problem? 5) Should the state be focused so much on re- entry, or more on the Incapacitation aspect of prisons? 14

Exit Ticket: The Juvenile Justice System Why is the Juvenile justice System a completely separate entity from the adult justice system; the language is even completely different. Why make the distinction? At what age should you be able to be tried “as an adult,” for the crimes you commit? Why? 15