Understanding the Understanding the Criminal Justice Criminal Justice

SystemSystem

Part 14Part 14

Juvenile JusticeJuvenile Justice

1.1. Two distinct justice systemsTwo distinct justice systems- adult / juvenile- adult / juvenile- separate systems - separate systems - laws / personnel / procedures / - laws / personnel / procedures / terminology /terminology / facilitiesfacilities

a. a. LawsLaws - criminal law- criminal law - both adult / juvenile- both adult / juvenile

(1) (1) Status offensesStatus offenses - apply to juveniles- apply to juveniles - committed by adult = not a - committed by adult = not a

crimecrime

(a) Curfew / truancy / runaway / (a) Curfew / truancy / runaway / drinking drinking

b. b. PersonnelPersonnel - deal specifically with juveniles- deal specifically with juveniles

(1) (1) PolicePolice- SRO (DARE / GREAT) - SRO (DARE / GREAT) - school security- school security

(2) (2) CourtsCourts- judges = superior court- judges = superior court- commissioners- commissioners

(3) (3) CorrectionsCorrections- juvenile detention centers- juvenile detention centers- state juvenile facilities- state juvenile facilities

(a) Probation officers(a) Probation officers

(b) Parole officers(b) Parole officers

(c) Other public / private youth (c) Other public / private youth facilitiesfacilities

c. c. ProceduresProcedures- different from adult system- different from adult system

(1) (1) Keep separate from adultsKeep separate from adults

(2) (2) Advice to rightsAdvice to rights

(3) (3) Notify parents / guardianNotify parents / guardian

(4) (4) Issuing criminal citationsIssuing criminal citations

d. d. FacilitiesFacilities- - separate holding facilitiesseparate holding facilities- separate courts - separate courts - separate state institutions- separate state institutions

e. e. TerminologyTerminology- wording different from adult system- wording different from adult system

AdultAdult JuvenileJuvenile crime / criminal actcrime / criminal act = delinquency / = delinquency /

delinquent delinquent criminalcriminal delinquentdelinquent arrestarrest taken into custody / taken into custody / detaineddetained interrogateinterrogate interviewinterview

booking processbooking process intake process intake process arraignmentarraignment detention hearing detention hearing information filedinformation filed petition filed petition filed pretrial hearingpretrial hearing show-cause show-cause

hearinghearing

• 2. Managed / processed through “civil 2. Managed / processed through “civil authority”authority”

• - English influence = 12- English influence = 12thth century century• - King = Doctrine of Parens Patriae- King = Doctrine of Parens Patriae• - father of country / all children- father of country / all children

• a. Delinquency / welfare of childrena. Delinquency / welfare of children• - English Common Law- English Common Law• - Under age 7 not accountable for actions- Under age 7 not accountable for actions

• b. Could remove children from parentsb. Could remove children from parents• - work houses / orphanage / private - work houses / orphanage / private

homeshomes

• 3. American system3. American system• - similar system in colonies- similar system in colonies• - tried / punished like adults- tried / punished like adults• - House of Refuge late 1700s- House of Refuge late 1700s

• a. Child Savers movementa. Child Savers movement• - religious foundations / private - religious foundations / private

individualsindividuals• - parental authority decreased- parental authority decreased• - state interests became primary- state interests became primary

• b. Era of Socialized Justiceb. Era of Socialized Justice

• - protection of child became foremost- protection of child became foremost• - emphasis = complete picture of - emphasis = complete picture of

delinquentdelinquent• - education / family / psychological / social- education / family / psychological / social• c. Determine appropriate care / trainingc. Determine appropriate care / training• - courts: what they believed best for child- courts: what they believed best for child• - informality within juvenile court system- informality within juvenile court system• - “caseworker approach”- “caseworker approach”• - no prosecution / defense / formal hearing- no prosecution / defense / formal hearing• - judge / police officer / case worker- judge / police officer / case worker• - “hands off” doctrine = juvenile justice- “hands off” doctrine = juvenile justice

• d. Until 1967: two philosophiesd. Until 1967: two philosophies• - what court did = best interest of - what court did = best interest of

juvenilejuvenile• - to convict = preponderance of evidence- to convict = preponderance of evidence

• 4. Gault vs. Arizona (1967)4. Gault vs. Arizona (1967)• - crime committed- crime committed• - 15 yr. old male juvenile- 15 yr. old male juvenile• - arrested = detention / parents not notified- arrested = detention / parents not notified

• a. Informal hearinga. Informal hearing• - best interest of juvenile- best interest of juvenile•

• - state institution until 21 years of age- state institution until 21 years of age• - adult committing same crime ??- adult committing same crime ??

• b. US Supreme Courtb. US Supreme Court• - parent’s appealed- parent’s appealed• - 14- 14thth Amendment applied to juveniles Amendment applied to juveniles• - gave most rights to juveniles- gave most rights to juveniles• - attorney / transcripts / present - attorney / transcripts / present

witnesses witnesses • - still preponderance of evidence- still preponderance of evidence• - “In re Winship” = proof beyond- “In re Winship” = proof beyond• - Gault established legal rights for - Gault established legal rights for

juvenilesjuveniles

• c. Moving away from parens patriae c. Moving away from parens patriae conceptconcept

• - becoming more adversarial- becoming more adversarial• - more formal than informal- more formal than informal

• d. Juvenile courts still not a criminal courtd. Juvenile courts still not a criminal court• - deal in special ways with children- deal in special ways with children• - court of law / social service agency- court of law / social service agency• - set up as welfare agency to protect / - set up as welfare agency to protect /

rehabilitaterehabilitate• - also to protect society from delinquents- also to protect society from delinquents

• e. Still a civil systeme. Still a civil system

• - is adversarial- is adversarial• - typical of adult system- typical of adult system

• f. States changing their lawsf. States changing their laws• - Washington = 21 years- Washington = 21 years• - Texas = 15 years- Texas = 15 years

• 5. Juvenile rights5. Juvenile rights• - Uniform Juvenile Court Act – 1968- Uniform Juvenile Court Act – 1968• - Miranda Rights / self-incrimination- Miranda Rights / self-incrimination• - proof beyond a reasonable doubt - - proof beyond a reasonable doubt -

19701970

• 6. Juvenile courts6. Juvenile courts• - 1945 = courts present in all states- 1945 = courts present in all states• - 3 types of juvenile courts- 3 types of juvenile courts

• a. Autonomousa. Autonomous• - separated from all other courts- separated from all other courts• - judges spend time only on juvenile - judges spend time only on juvenile

mattersmatters

• b. Coordinatedb. Coordinated• - heard in family of domestic courts- heard in family of domestic courts• - adoption / marriage / divorce / - adoption / marriage / divorce /

delinquencydelinquency

• c. Designatedc. Designated• - presides over criminal / civil cases- presides over criminal / civil cases• - hear juvenile matters also- hear juvenile matters also

• d. Washington Stated. Washington State• - designated juvenile courts- designated juvenile courts• - superior court- superior court• - judge or commissioner- judge or commissioner

• (1) Local juvenile court(1) Local juvenile court• - 3 superior court judges / one - 3 superior court judges / one

for juvenilefor juvenile