introduction to criminal justice juvenile justice chapter thirteen bohm and haley

Introduction to Introduction to Criminal JusticeCriminal Justice

Juvenile JusticeJuvenile Justice

Chapter ThirteenChapter Thirteen

Bohm and HaleyBohm and Haley

Parens PatriaeParens Patriae

The legal philosophy justifying The legal philosophy justifying

state intervention in the lives of children state intervention in the lives of children

when their parents are unable when their parents are unable

or unwilling to protect them.or unwilling to protect them.((Ex parte CrouseEx parte Crouse – 1838) – 1838)

Juvenile CourtsJuvenile Courts

Juvenile Court Act of 1899Juvenile Court Act of 1899 established the established the

first juvenile courtfirst juvenile court in in

Chicago, IL. Chicago, IL.

By 1925 all but two states By 1925 all but two states had juvenile courts. The had juvenile courts. The primary interest of these primary interest of these

informalinformal courts was to courts was to

““serve the best interests of serve the best interests of children.”children.”

Major IssuesMajor Issues

Little concern for due Little concern for due processprocess

Informal proceduresInformal procedures

A special judge A special judge exercises wide exercises wide discretion, ranging from discretion, ranging from giving a warning to giving a warning to placing children in placing children in institutions.institutions.

Legal Reform and Due ProcessLegal Reform and Due Process

In re GaultIn re Gault(1967)(1967)

A Supreme Court case which A Supreme Court case which gave a number of gave a number of due processdue process

protectionsprotections to juveniles: to juveniles:

The right against self-The right against self-incriminationincrimination

A right to adequate notice of A right to adequate notice of charges against them.charges against them.

A right to confront and to cross-A right to confront and to cross-examine their accusers.examine their accusers.

The right to assistance of The right to assistance of counsel.counsel.

The right to sworn testimony and The right to sworn testimony and appeal.appeal.


In re WinshipIn re Winship(1970)(1970)

A Supreme Court case A Supreme Court case

which held that which held that

charges must be proven charges must be proven

beyond a reasonable doubtbeyond a reasonable doubt where there is a where there is a

possibility that a youth possibility that a youth could be confined in a could be confined in a

locked facility.locked facility.


The Court’s rulings in The Court’s rulings in Gault and WinshipGault and Winship not not only increased only increased procedural formalityprocedural formality in juvenile in juvenile

court cases but also shifted the traditional court cases but also shifted the traditional focus from the “whole child” to the focus from the “whole child” to the child’s actchild’s act..

In other words, in the 1960’s and 1970’s a In other words, in the 1960’s and 1970’s a legal reformlegal reform process developed in process developed in juvenile court cases that favored juvenile court cases that favored

offense-basedoffense-based sentencing sentencing and a and a punitive punitive orientation.orientation.


Mckeiver v. Mckeiver v. PennsylvaniaPennsylvania

(1971)(1971)

A Supreme Court case A Supreme Court case which held that which held that

juveniles juveniles

were were not entitlednot entitled to to

a a trial by jurytrial by jury, ,

a decision aimed at a decision aimed at maintaining the maintaining the

mission of the juvenile mission of the juvenile court court

as treatment.as treatment.

The Juvenile ProcessThe Juvenile Process

The The policepolice are the are the formal gatekeepersformal gatekeepers to the to the formal juvenile justice process.formal juvenile justice process.

(Approximately 84% of delinquency cases were (Approximately 84% of delinquency cases were referred to juvenile courts by police in 2000).referred to juvenile courts by police in 2000).

Status OffensesStatus Offenses

Acts that are not crimes when committed by Acts that are not crimes when committed by adults but are illegal for children (truancy, adults but are illegal for children (truancy,

running away from home, tobacco and running away from home, tobacco and liquor laws, and ungovernability).liquor laws, and ungovernability).

The Police Response to JuvenilesThe Police Response to Juveniles

Typical responsesTypical responses that police officers employ that police officers employ in handling juvenile cases are:in handling juvenile cases are:

Warn and release, or,Warn and release, or,

Take into custody and possibly detain and transport Take into custody and possibly detain and transport to a juvenile facility or adult facility, or,to a juvenile facility or adult facility, or,

Refer to parents, or,Refer to parents, or,

Refer to a diversionary program operated by the Refer to a diversionary program operated by the police or another community agency, or,police or another community agency, or,

Refer to court.Refer to court.

The Juvenile Court ProcessThe Juvenile Court Process

AdjudicationAdjudication

The juvenile court The juvenile court equivalent ofequivalent of a triala trial in in criminal court or the process of rendering criminal court or the process of rendering

a judicial decision regarding the truth of the a judicial decision regarding the truth of the facts alleged in a petition. facts alleged in a petition.

PetitionPetition

A legal form of the A legal form of the police complaintpolice complaint that that specifies the specifies the charges charges to be heard at the to be heard at the

adjudication.adjudication.


DiversionDiversion

The The goalgoal of juvenile diversion programs is to of juvenile diversion programs is to respond to youths in ways that avoid formal respond to youths in ways that avoid formal

juvenile processing.juvenile processing.(Diversion usually occurs before adjudication)(Diversion usually occurs before adjudication)


Transfer, Waiver, or Certification Transfer, Waiver, or Certification

to Criminal Courtto Criminal Court

The act or process by which juveniles who The act or process by which juveniles who meet specific age, offense, and (in some meet specific age, offense, and (in some

jurisdictions) prior-record criteria are jurisdictions) prior-record criteria are transferred to criminal court for trial.transferred to criminal court for trial.


The judicial transfer (waiver or certification) The judicial transfer (waiver or certification) process varies from state to state, but process varies from state to state, but

typically prosecutors must show:typically prosecutors must show:

Probable cause.Probable cause.

The youth presents a threat to the The youth presents a threat to the community.community.

Existing juvenile treatment programs would Existing juvenile treatment programs would not be appropriate.not be appropriate.

Programs within the adult system would be Programs within the adult system would be more appropriate.more appropriate.


DispositionDisposition

Disposition is the juvenile court Disposition is the juvenile court equivalentequivalent of of sentencingsentencing in criminal court. in criminal court.

An An order of the courtorder of the court specifying what is to be specifying what is to be done with a juvenile who has been done with a juvenile who has been

adjudicated delinquent. A disposition adjudicated delinquent. A disposition hearing is hearing is similar to a sentencing hearingsimilar to a sentencing hearing in in

a criminal court.a criminal court.


Some of the disposition options available are:Some of the disposition options available are:

Probation (The Probation (The most frequentmost frequent correctional response for youths). correctional response for youths).

Placement in a diversion program.Placement in a diversion program.

Restitution.Restitution.

Community service.Community service.

Detention.Detention.

Placement in foster care.Placement in foster care.

Placement in long-term or short-term residential treatment Placement in long-term or short-term residential treatment programs.programs.

Placement with a relative.Placement with a relative.

Recent Trends in Juvenile Recent Trends in Juvenile IncarcerationIncarceration

Recent trendsRecent trends in juvenile incarceration are: in juvenile incarceration are:

Its Its increased useincreased use (approximately 104,000 held in (approximately 104,000 held in residential placement in 2001; 95% for delinquency residential placement in 2001; 95% for delinquency offenses, 5% status offenses).offenses, 5% status offenses).

The use of both The use of both public and private facilitiespublic and private facilities..

The The disproportionatelydisproportionately large percentage of large percentage of malesmales and and racialracial or ethnic minoritiesor ethnic minorities that are incarcerated that are incarcerated (85% male, 60% minority).(85% male, 60% minority).

The The increasing numberincreasing number of juveniles being of juveniles being incarcerated in local incarcerated in local adult jails and state prisonsadult jails and state prisons (7,083 juveniles held in adult jails in 2004 and 2,477 (7,083 juveniles held in adult jails in 2004 and 2,477 juveniles held in adult prisons in 2004).juveniles held in adult prisons in 2004).

introduction to criminal justice juvenile justice chapter thirteen bohm and haley

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