JUVENILE LAW. History of Juvenile Law  Originally, juvenile offenders were treated the same as adult criminals  Beginning in 1899, states began forming.

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Presentation transcript:

JUVENILE LAW

History of Juvenile Law  Originally, juvenile offenders were treated the same as adult criminals  Beginning in 1899, states began forming separate juvenile courts  States took responsibility for parenting the children until they showed signs of positive change Why do you think states made this change?

Rights of Juveniles and In Re Gault  The 5 th Amendment of the Constitution states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…nor shall [a person] be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of the law."

What is Due Process  Fair treatment through the normal judicial system, especially as a citizen's entitlement.

Rights of Juveniles and In Re Gault  The 14 th Amendment of the Constitution states that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Rights of Juveniles and In Re Gault  Who: Gerald Gault, age 15  What: (1967)  Accused of making an obscene phone call to his neighbor.  Gault said that his friend made the phone call.  Police placed Gault in detention without informing his parents.  One week later a judge sentenced Gault to the State Industrial School until Gault turned 21 years old.  No witnesses or jury were present at the trial.

Rights of Juveniles and In Re Gault  Supreme Court Decision:  Juvenile Courts must respect the Due Process rights of juveniles during their proceedings.  Youth have the following rights under the law: The right to receive notice of charges The right to obtain legal counsel The right to "confrontation and cross-examination" The "privilege against self-incrimination“ (exposing yourself) The right to receive a "transcript of the proceedings," and The right to "appellate review" (petition)

What is the Purpose of Criminal Law?  Punishment  “Eye for an Eye”  Way for society to take revenge  Prevention  Discourage offender from committing crimes in the future  Discourage future offenders  Incapacitation  Lock up in jail  Protect society from offender  Rehabilitation  Focus on changing behavior to lead a productive life  Examples: vocational programs, counseling What do you think is the goal of juvenile justice?

Key Terminology Criminal SystemJuvenile System DefendantRespondent Trial by juryAdjudication, not all states give juveniles the right to a jury trial SentencingDisposition CrimeOffense CriminalJuvenile Offender GuiltyDelinquent Sentenced based upon offenseSentencing varies, many options

Activity 4 Cases, 4 Crimes, You Be the Judge