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Overview of Juvenile System with stats and facts

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Debate

LEARNING FOCUS FOR TODAYLook at the debate on whether

juveniles should be sentenced to life without parole.

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DATEJan. 20, 2015

HOMEWORKRead Greg Ousley article

(to paragraph 34)

Juvenile JusticeStatistics and laws at a glance

TWO SYSTEMSJuvenile Criminal System

• 17 and under• Prosecuted as committing

“delinquent acts”• If they commit a serious

offense may be considered for adult system

• No right to public trial – adjudication hearing

• Goal is to rehabilitate• More informal

Adult Criminal System

• 18 and over• Prosecuted for

committing “crimes”• Public trial• Goal is to punish• Formal, very little

leniency

Info from legalmatch.com

SIMILARITIES

• The right to an attorney• The right to confront and cross-

examine witnesses• The privilege against self-incrimination• The right to notice of the charges• The prosecution must provide proof

beyond a reasonable doubt before a person can be convicted

• Varies from state to state• CA - Anyone 14 or older for serious

crime• Face same penalties as an adult• Adult criminal record• Possible loss of rights

Trying Juveniles as Adults

• Judicial Waiver - Some states give juvenile court judges the power to have a juvenile's case tried in adult criminal court

• Direct File - Sometimes called "Prosecutorial Discretion" - some states give prosecutors the power to decide whether or not a juvenile will be tried as an adult

• Statutory Exclusion - Some states have laws that require a youth's case to be tried in adult court - these laws usually base this automatic transfer on the youth's age, the seriousness or type of crime, and the juvenile's prior record.

Trying Juveniles as Adults

• Reverse Waiver - In a few cases, such as murder or rape, the assumption is that a juvenile should be tried as an adult unless the trial court rules that the case should be sent to juvenile court.

• Once An Adult, Always An Adult - In some states, if a juvenile is tried once as an adult, than the juvenile will be tried as an adult in all subsequent cases.

Trying Juveniles as Adults

Juvenile Sentencing

Juvenile Sentencing

Juvenile Life Without Parole• Often referred to

as JLWOP• The United States

is currently the ONLY country in the world that sentences children to life in prison with no possibility of parole under the age of 18.

• Nearly ½ of youth sentenced to JLWOP did not commit murder

• 59% of juveniles sentenced to LWOP are first time offenders.

Law – Cont.• CA Senate Bill 9 (SB) became a law in January

2013.• SB 9 gives a second chance to those serving

JLWOP who were under the age of 18 when first sentenced.

• Request hearing may have their sentenced reduced with possibility of parole.

Laws of Other Nations

• U.S. is the only country with JLWOP• 8 countries that could, but no known

cases• Most it’s prohibited• Most distinguish between juvenile vs.

adult sentencing, e.g. Europe max sentence 25yrs

National Center for Juvenile Justice (February 25, 2014). Juvenile Arrest Rates based on the Violent Crime Index

Term Definition

Homicide

Killing of one person by another, either intentionally or unintentionally. Homicide includes accidents and murder.

MurderKilling someone with malice of forethought. It could be done while committing another crime.

First-degree Murder

Killing a person with malice of forethought; the killing was planned.

Second-degree Murder

1) An intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion"; or 2) A killing caused by dangerous conduct and the offender's obvious lack of concern for human life.

Voluntary Manslaughter

Intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the "heat of passion."

Involuntary Manslaughter

Unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (such as DUI).

First-degree MurderAdam had a long-standing, uncontrollable hatred for Bob because of his criticism of Adams faith, and Adam hid and waited for Bob outside his house with the intention of killing him.

Voluntary ManslaughterAdam sees a perfect stranger, Bob, desecrating a religious monument and flies into a rage during which he kills Bob, the state would likely charge Adam with voluntary manslaughter, not murder.

Second-degree Murder

Adam had a long-standing, uncontrollable hatred for Bob because of his criticism of Adams faith. Adam decides to pay Bob a visit and confront him regarding this issue. He does not plan to kill Bob, but becomes enraged in the discussion and kills Bob in a physical altercation.