JUVENILE JUSTICE

1.In the legal system, there is a distinction between “Juvenile” and “Adult” a. Distinction not always there throughout history

b. Adults & Children alike could be in the same jail & subject to Corporal Punishment – physical punishment

2.Juveniles have a separate court system a.Courts act as parens patriae: court acts as guardians of juveniles b.Focus on rehabilitation and socialization

3. Who counts? a.Age of majority: age at which someone is considered an adult i.Usually 18, but may be as low as 17 or 16 ii.May change based on: 1.Severity of Crime 2.Likelihood of Rehabilitation 3.Past Record

iii.Three types of juveniles in court 1.Delinquent offenders: youths that commit acts that would be considered crimes if committed by adults Ex: Larceny, Robbery

2. Status offenders: youths that commit acts that would not be considered crimes if committed by adults Ex: Underage Drinking

3. Neglected or Abused Children: youth seeking court protection from parent or guardian Ex: parent is not feeding the child (neglect)

b.Juvenile Courts also deal with parents i. Parental Responsibility Laws: laws that punish parents for the misbehavior of their children

ii.Contributing to the delinquency of a minor: a crime in which an adult aids a youth in committing a crime

4. Procedures in Juvenile Court a. After juvenile is taken into Custody, juvenile can be released or detained

b. Intake – Court Officials / Social Workers decide if matter should be referred to Juvenile Court 1. Youth Interviewed 2. Prior Record Considered 3. Seriousness of Crime Considered

c. Initial (Detention) Hearing – Prosecution must prove an offense was committed & cause to believe the accused committed it

1. Juveniles do not have a Constitutional Right to Bail a. Juvenile can be released to parents or sent to detention

2. USSC justifies Preventative Detention – holding to protect community and accused against future crime

d. Adjudicatory Hearing – To determine the facts of the case (same as Adult Trial) 1. Closed to Public (names kept out of the papers) 2. Juveniles not entitled to a Jury Trial 3. Judge rules whether or not Juvenile is Delinquent (Guilty)

e. Dispositional Hearing – Judge decides the sentence (disposition) if found delinquent

CRIME = OFFENSE

ARREST = TAKE INTO CUSTODY

FILE CHARGES = Petition

NOT GUILTY PLEA = Denial

GUILTY PLEA = Admission

TRIAL = Adjudicatory hearing

FOUND GUILTY = Found delinquent

SENTENCING = Disposition

JAIL = Detention

PAROLE = Aftercare