1. Chapter 13 Juvenile Court Process: Pretrial, Trial, and Sentencing

2. Unit 8 Analysis Essay
Write a 3-5 page essay that addresses the following:
Briefly discuss the history and evolution of the juvenile justice system. Some contend it is outdated and ineffective. Each year, thousands of youths are transferred out of the juvenile court system to be tried in criminal court due to the seriousness of their crimes. What factors are considered in this “waiver process”? What are the potential consequences of this trend, to the child and to society?

3. Chapter Goals
Understand the roles and responsibilities of main players in the juvenile court
Discuss key issues of the pre adjudicatory stage of juvenile justice
Argue the pros and cons of transferring youths to adult court
Understand key issues of trial stage of juvenile justice
Be familiar with major U.S. Supreme Court decisions influencing pre adjudicatory and trial stages
Know common dispositions for juvenile offenders
Argue pros and cons of confidentiality in juvenile proceedings and privacy of records

4. Court Case Flow Juvenile court is specialized
Promotes rehabilitation
Ensures procedural due process
1.7 million delinquency cases in 2005
Decrease in cases since peak in 1997
Gender and race differences exist
73% involve males
33% African American youth

5. Juvenile Courtroom Actors
Defense Attorney
Juveniles have right to counsel at state trials
Indigent youth provided counsel
Role is to help clarify jurisdictional problems, decide if sufficient evidence to file formal petition, outline position, explore informal adjustment opportunities, play critical role in disposition and pursue appeals if needed
Guardian ad Litem (GAL)
Seen in abuse, neglect, and dependency cases
Appointed in delinquency cases if a need for treatment
Court Appointed Special Advocates (CASA)
Volunteers who advise court about child placement

6. Juvenile Courtroom Actors
Public Defenders
Three ways to ensure public defense for juveniles:
All public defender program
Appointed private counsel system
Combination of two
Provides counsel to children at public expense
Prosecutor
Responsible for bringing state’s cases against juvenile
Has power to initiate or discontinue delinquency and status offenses cases

7. Juvenile Courtroom Actors
Juvenile Court Judge
Central character in the juvenile court
Exercise considerable leadership in developing juvenile justice system solutions
Must ensure that necessary community resources are available
Duties include:
Ruling on pretrial motions
Decide about continued detention of juvenile
Decide about plea-bargaining agreements
Handle trials, rule on evidence/procedures, guide questioning of witnesses
Assume responsibility for holding disposition hearing
Handle waiver proceedings
Handle appeals when needed

8. Detention
After custody and formal petition, decision must be made to release or detain
Detention involves placing juvenile in temporary case of state in physically restrictive setting
Should be limited to juveniles who require secure custody for protection of self or others
Dependent, neglected, abused, status offenders, and delinquents often housed together in detention
Current efforts seek to remove status offenders from secure detention

9. Detention 1 in 5 juvenile arrests result in detention Typical detainee
Male
Over 16
Charged with violent crime
Detention increases risk of being adjudicated
Racial disparities exist at this stage

10. Detention Move to improve conditions of detention
JJDPA prohibits detention of juveniles in adult jails and lockups
JJDPA prohibits the detention of status offenders in secure confinement
Juveniles in most states do not have constitutional right to bail
Preventative detention is allowed per Schall vs. Martin

11. Intake Screening of cases by juvenile court system
Determine whether juvenile court services are needed
Allows for use of consent decrees without formal adjudication
Lacks consistency in formal criteria for process
Results in inconsistent decision making

12. Web Field Trip Yep – you guessed it – another web road trip!
Same rules as always: behave on the bus; stay together - no wandering off; pay attention, some of this information may be on the next test (although I wouldn’t be on it); and use inside voices!
When you finish with this video, please return ASAP.
Click on the following cite:

13. Click on this: http://www.kewego.com/video/iLyROoafIn23.html
This is a short (1 minute) video.

14. Diversion
Process of placing youth into treatment programs prior to formal processing
Goal is to avoid stigma and labeling
Factors considered in this decision:
Past record
Type of offense
Other relevant circumstances
Critics argue that it widens the net

15. Petition
Formal complaint that initiates judicial action against a juvenile for delinquency or status offense
Plea bargaining involves exchange of concessions for guilty pleas usually resulting in a reduced charge
Plays significant role in guilty pleas in adult system
Role of plea bargaining in juvenile system is unknown

16. Transfer to Adult Court
Involves transferring juvenile form juvenile court to adult criminal court
Three type of transfer mechanisms
Concurrent jurisdiction
Statutory exclusion
Judicial waiver
All states allow for some type of transfer

17. Due Process in Transfer
Standards set by state statute
Kent vs. US and Breed vs. Jones require due process
Basic due process requires:
Legitimate hearing
Sufficient notice
Right to counsel
Statement of reason for transfer
Focus of transfer on type and seriousness of offense rather than rehabilitation has results in criminalization of juvenile court

18. Juvenile Court Trial Called adjudication
Standard of proof is beyond a reasonable doubt
Due process requires but varies by state statute
Three possible resolutions of hearing:
Finding that juvenile is not delinquent/need of supervision
Finding that is delinquent/need of supervision
Dismissal of case due to insufficient evidence

19. Constitutional Rights at Trial
In re Gault made due process applicable to juvenile proceedings
Rights bestowed on juveniles:
Notice of charges
Right to counsel
Right to confront/cross examine witnesses
Privilege against self incrimination
Right to transcript
Right to appellate review

20. Disposition Sentencing phase of juvenile court
Decisions based on best interest of the child
Predisposition report is critical at this stage
Courts have wide discretion at this stage
Exhibit 13.6 highlights common dispositions

21. Sentencing in Juvenile Court
Indeterminate sentencing prevalent:
Least detrimental alternative
Individualized treatment model
Some states enacting determinate sentencing structure
Mandatory sentencing policies for juveniles
WA Juvenile Justice Reform Act of 1977

22. Death Penalty for Juveniles
Roper v Simmons found it unconstitutional for juveniles under 18 to be sentenced to death (8th Amendment)
Court used the "evolving standards of decency" test, the Court held that it was cruel and unusual punishment to execute a person who was under the age of 18 at the time of the murder.

23. Rationale for Roper
Citing a body of sociological and scientific research, the court said that juveniles lack the maturity and sense of responsibility present in adults.
Adolescents were found to be overrepresented statistically in virtually every category of reckless behavior.
The Court noted that in recognition of the comparative immaturity and irresponsibility of juveniles, almost every state prohibited those under age 18 from voting, serving on juries, or marrying without parental consent.
The studies also found that juveniles are also more vulnerable to negative influences and outside pressures, including peer pressure.
They have less control, or experience with control, over their own environment.
They also lack the freedom that adults have, in escaping a criminogenic setting

24. Life Sentence
The Supreme Court has ruled that teenagers may not be locked up for life without chance of parole if they haven't killed anyone.
They applied the same rationale as used in Roper
This does not apply to murder cases
Juvi’s can still receive a life sentence for murder cases

25. Right to Appeal Restricted to cases involving final order
Appellate process allows juveniles opportunity to have court review case
In re Gault bestowed this right upon juveniles
Two methods of appeal:
Direct appeal (brought to next higher court)
Collateral review (may be brought to higher or trial court – may include new evidence)

26. Confidentiality in Juvenile Proceedings
Juvenile proceedings generally closed to public
More states opening proceedings to public
Juvenile records historically confidential
Many states allow records to be opened by court

27. Future of Juvenile Court
Critics
Criminalization of juvenile court
Loss of focus on rehabilitation
Juvenile court becoming more like adult court
Advocates
Treatment programs effective
Rehabilitative efforts successful

28. Conclusion Know roles and responsibility of actors in juvenile court
Discuss key issues of pre adjudicatory stages
Argue pros/cons of transfer of juveniles to adult court
Understand key issues of trial stage
Be familiar with significant US Supreme Court cases
Know common dispositions in juvenile court
Argue pros/cons of confidentiality and privacy

29. Key Terms Defense Attorney Guardian Ad Litem Public Defender
Prosecutor
Juvenile Court Judge
Shelter Care
Bail
Preventative Detention
Intake
Diversion
Widening the Net
Complaint
Plea Bargaining
Transfer
Due Process
Least Detrimental Alternative
Indeterminate Sentencing

30. Key Terms, Continued Determinate sentencing Mandatory sentences
Final order
Appellate process
Writ of habeas corpus
Confidentiality

31. The End Chapter 13 Juvenile Court Process: Pretrial, Trial, and Sentencing