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Vocabulary Activity Define the following terms in your notes

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Presentation on theme: "Vocabulary Activity Define the following terms in your notes"— Presentation transcript:

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2 Vocabulary Activity Define the following terms in your notes
Parens Patriae Delinquent Offender Status offender Neglect Abused children

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4 History and Overview of Juvenile Courts
Mid 19th century reformers of the judicial system began to argue that the family was the cause for delinquent behavior Parents were failing to teach their children proper values and respect Solution- Created a juvenile court to assume the parents position (parens patriae) Movement from punishment to rehabilitation (by teaching morals)

5 History and Overview of Juvenile Courts
First Juvenile Court – Cook county Illinois 1899 Court was informal allowing the court to act as parent or guardian

6 History and Overview of Juvenile Courts
Today the court generally handles three types of offenders: Delinquent offenders- Youths who have committed acts that would be crimes if committed by adults Status offenders – Youths who have committed acts that would not be crimes if committed by adults (running away from home, skipping school, etc.) Neglected or abused children – Sexually, physically or emotionally abused or parents have failed care for the child

7 History and Overview of Juvenile Courts
In most states juvenile jurisdiction extends through the age of 17

8 “Humanitarian” “Control”
Since 1899 the juvenile justice system has tried to strike a balance between - “Humanitarian” Emphasizes rehabilitation of the offender “Control” Emphasizes punishing the offender

9 Juvenile Justice Today
In the 1960s many people argued that the juvenile court system was providing harsher treatment than the adult system The supreme court ruling in the Gault case extended many adult rights to juveniles in re Winship (1970) the Supreme Court ruled that a juvenile charged with a criminal act must be found “delinquent by proof beyond a reasonable doubt” (Same standard as adults)

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11 Prosecuting Juveniles In Adult Court
Juvenile Waiver – Allows juvenile court judges to send juveniles to adult court for prosecution Statutory Exclusion – Requires certain offenses committed by juveniles to be prosecuted in adult court Direct File-Prosecutors have discretion to file charges against juveniles in adult criminal court

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21 Procedures in Juvenile Court

22 Procedures in Juvenile Court
Intake Initial or Detention Hearing Adjudicatory Hearing Equivalent to an arrest (Adult) May be taken into custody for a status offence Police have the desecration of releasing with warning, referring to a social program or detain 1/3 of all complaints are disposed of during this phase by dismissal Intake – the informal process in which court officials or social workers decide if a juvenile should be referred to juvenile court

23 Procedures in Juvenile Court
Intake Initial or Detention Hearing Adjudicatory Hearing State must prove validity of arrest State must prove (1) a crime has been committed (2) Probable cause that the accused committed it. In order to detain the juvenile the state must prove that society is better served by the detention Attorney is usually assigned at this time (if defendant does not have one) No bail is set (Judge rules either release or preventative detention) Initial Hearing – Preliminary investigation of arrest.

24 Procedures in Juvenile Court
Intake Initial or Detention Hearing Adjudicatory Hearing Names of accused and case details are withheld from the public Accused does not have the right to a jury trial Accused does have the right to have an attorney present Attorney can examine and cross examine witnesses Judge rules either delinquent (Conviction) or not delinquent (Free to go) Adjudicatory Hearing – Procedure used to determine the facts in a juvenile case, closed to the public.

25 Procedures in Juvenile Court
Intake Initial or Detention Hearing Adjudicatory Hearing Dispositional Hearing Judge decides the sentence or disposition the offender will receive Sentence is primarily based on the predisposition report Sentences may include: probation, community service, fines, restitution, treatment program, commitment to a state institution Probation is the most common Could be institutionalized until the age of 21 Dispositional Hearing – The final sentence or result of the case.

26 Procedures in Juvenile Court
Intake Initial or Detention Hearing Adjudicatory Hearing Dispositional Hearing Post Disposition Offender has the right to appeal After care (Parole) Reentry Programs Post Disposition

27 Having a Record Juvenile found delinquent does not have a criminal record (crime refers only to adult convictions) Juveniles in general do not lose any civil rights upon reaching adulthood In many states Juvenile records do become public record Juvenile records can be considered when sentencing adults Expunged - Some states allow juvenile records to be sealed when the juvenile reaches the age of 18 or 21 if certain conditions are met


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