unit 2: criminal law and juvenile justice chapter 16 juvenile justice
TRANSCRIPT
STREET LAW
UNIT 2: Criminal Law and Juvenile Justice
Chapter 16
Juvenile Justice
In the United States, juveniles who break the law are treated differently than adults
However, this has not always been the case In earlier times, children were housed in the
same jails as adults Long prison terms and corporal punishment
were common, & some children were even sentenced to death
Today, there is a separate juvenile system for juvenile offenders, although in some cases juveniles can still be tried as adults
Sentencing options for juvenile offenders range from counseling & probation to time spent in juvenile correctional facilities
Introduction and History and Overview of Juvenile Courts
Reformers in the mid-1800s believed that parents' failure to teach their children proper values & respect for authority led to juvenile delinquency
Therefore, the reformers proposed a separate juvenile court system to assume parents' responsibility & discipline juvenile offenders
This separate court sought to rehabilitate, or help juveniles make better decisions, rather than punish
Today, juvenile courts generally handle three groups of juvenilesdelinquent offenders, or youths who have
committed acts that would be crimes if adults had committed them
status offenders, or youths who have committed acts that would not be crimes if committed by adults
and neglected & abused children
Juvenile Justice & Drugs
The National Institute of Justice in the Office of Juvenile Justice & Delinquency Prevention (OJJDP) attempted to determine the relationship between drug use, sales, & other criminal activities among juveniles
The study found that heavy drug users were significantly more likely than non-users to commit burglary, deal in stolen goods, drive under the influence, & carry a concealed weapon
Drug sellers were significantly more likely than non-sellers to use a weapon to threaten someone, commit robbery, deal in stolen goods, individually attack & injure another youth, & commit burglary
Drug users were more likely than sellers to be involved in property crimes, while sellers were more likely than users to commit crimes against persons
Should juvenile drug users & sellers be more, less or equally entitled to rehabilitation efforts than adults who fit the same profile?
Juvenile or Adult? A 16 y.o. who is accused of skipping school? A 15 y.o. who is accused of assaulting a classmate? A 14 y.o. who is accused of committing murder? A 9 y.o. who is accused of committing murder? An 11 y.o. who is accused of committing rape? A 13 y.o. who is accused of shoplifting in a dept. store?
Waivers After a juvenile is taken into custody, he or she may be
released, referred to youth court, or sent to juvenile court All states allow juveniles, under certain conditions, to be
tried as adults by way of 1 or more transfer mechanisms Since the early 1990s, nearly every state has modified its
laws to make it easier to prosecute juveniles in adult court
Legislatures also added many offenses for which juveniles could be tried in adult court & lowered the age at which certain juveniles could be tried in adult court
One of the more common changes gives prosecutors the option of filing charges in adult courts instead of juvenile courts
Many defense attorneys & judges disagree with the way this shifts the decision from the judges to prosecutors
There are 3 types of waivers:A legislative waiver sends the youth to adult court
based on certain objective criteria set by the state legislature
A prosecutorial waiver gives the prosecutor the discretion on how to charge the youth
A judicial waiver is the traditional method of allowing a judge to use subjective criteria in making the decision
Studies have shown that youths charged as adults suffer more physical abuse in jail & have a higher recidivism rate than those similarly charged in juvenile court
The minimum age for waiver to adult courts has been lowered to 14 in some states
In the case of Kent v. United States, the U.S. Supreme Court suggested 9 factors for determining whether to use a transfer:The seriousness of the offense & protection of the
communityWhether the offense was committed in an aggressive,
violent, premeditated, or willful mannerWhether the crime was committed against a person or
propertyThe likelihood that the complaint would lead to
indictment
Whether or not associates were being charged in adult court
The sophistication & maturity of the child with respect to his or her home environment, emotional attitude, & pattern of living
The child’s previous record, if anyThe prospects for adequate protection to the
publicThe likelihood of successful rehabilitation
Some say that today’s juvenile justice laws place the burden on juveniles to prove that they can benefit from the protections of the juvenile court, thereby undermining the purpose of the juvenile court
Do you think the trend toward waiving juveniles has led to a reduction in crime or made it more or less likely that those young people will re-offend?
Who Is a Juvenile?
Almost all states set age limits to determine whether a person accused of a crime will be handled in an adult or juvenile courtIn most states, young people are considered
juveniles if under the age of 18However, some states set the age limit at 16 or 17In most states, a juvenile charged with a serious
felony can be tried as an adult
Status Offenses
Juveniles who are considered status offenders are generally charged with being "beyond control" In addition to truancy, status offenses include
running away from home, violating curfew, refusing to obey parents, & engaging in certain behaviors such as underage consumption of alcohol or drugs
Although there has been a decline in the number of status offenders in institutions, females disproportionately outnumber males by a 10-to-1 ratioSome people try to claim that the courts try to play
the role of father & are therefore more restrictive of female behavior
Others point to the obvious biases in laws governing juveniles
Still others claim that females are simply more likely to commit status offenses, while males more often commit delinquent acts
While there is a focus on persons in need of supervision (PINS), a large portion of the work of juvenile courts involves children in need of assistance (CINA)For example, if a runaway can prove that he or she has been
abused or neglected at home, several forms of assistance may be available
This is a major reason why the juvenile justice system has a different focus than the adult system
Juvenile Justice Today
The U.S. Supreme Court has ruled that juveniles charged with delinquent acts are entitled to many of the same rights as adults charged with a crime
This includes the right to be notified of the charges against them, the right to an attorney, the right to confront and cross-examine witnesses, and the right to remain silent
Juveniles, like adults, must be found guilty beyond a reasonable doubtHowever, not all of the procedures used in an
adult court are appropriate for juvenile courts
Juvenile Court Reform
Even setting the discussion of waivers aside, the perspective of those who want to get tough on crime has influenced changes for young people who stay within the juvenile system
Many critics of indeterminate sentencing claim that juveniles get off easy for violent crimes & commit crimes knowing that the punishment is relatively light
This perspective has resulted in the revision of juvenile codes in a number of states, resulting in dramatic shifts in dispositional, or sentencing, practices
Serious & violent juvenile offenders are receiving blended sentences in which they get both juvenile & adult sanctionsFor instance, juveniles may spend a portion of their
confinement in a juvenile institution & then be transferred to an adult institution upon reaching a certain age, such as 18
Also, for violent & serious offenses, juveniles are now receiving mandatory minimum sentences
Some states now have sentencing guidelines that proscribe narrow limits for dispositions
Critics of these changes think the new laws are motivated by an inaccurate view of the extent of juvenile crimeThey say that juvenile crime is decreasing, not
increasingThey also believe these reforms are not good for
kids & that they undermine the goals of rehabilitation upon which the juvenile system is based
One such debate concerns whether juveniles should be ordered to pay restitution to victims or the crimes they committedSome juvenile courts have restitution programs &
some require juveniles to meet face-to-face with their victims
Over 30 states have instituted “boot camps” designed to teach youth offenders self-discipline & respect for the law, but the results have been mixed & abuses of authority have been reported
The ABA Juvenile Justice Center, as well as numerous child legal advocacy groups, have also raised concerns about juveniles’ access to quality legal representation in delinquency proceedingsThey say the “spirit & promise” of the Gault
decision has been largely unfilled
A study by the ABA focused in Maryland, but intended to serve as a nationwide model, identifies the following concerns:Poor children do not have equal access to counsel
because they often waive their right to counsel w/o understanding the significance of doing so
For those poor respondents who do exercise their right to counsel, it is not offered at every step of the juvenile process, which undermines the case of the child
The majority of youths in detention were incarcerated w/o effective representation
Many attorneys representing young people aren’t adequately prepared to help their clients in transfer (waiver) hearings a well as in hearings about delinquency & disposition (sentences)
Minorities are overrepresented in the juvenile justice system
Girls present unique issues in the juvenile courts because the rehabilitation services typically provided for charges they commonly face (nonviolent offenses, status offenses, & parole violations) are often proven ineffective
Disproportionate Minority Confinement Disproportionate minority confinement is a
concern in the adult criminal justice system as well as in the juvenile justice systemAccording to a Dec. 1999 report by the U.S. Dept.
of Justice, the overrepresentation of African American juveniles occurs at all stages of the juvenile justice process
While African American juveniles were involved in 39% of crimes reported by victims, they accounted for a disproportionate share of violent crime arrests (44%) & confinement (45%) in 1996-1997
Latino youths are also overrepresented in detention facilities, & racial minorities as a whole accounted for 70% of youths held in custody for violent offenses
The U.S. Dept. of Justice further reports that minority offenders are held in residential placement longer than other juveniles & that disproportionate minority confinement often stems from disparity at early stages of case processing
The 2003 report “And Justice for Some” by Building Blocks for Youth, a coalition of groups who advocate policies to protect minority youths & to improve juvenile justice policies, revealed the following trends:African American youths are under-represented in
treatment programsNationally, the average length of stay for Latino
youths in a public facility for a drug offense is double the length of stay for white youths (306 days vs. 144 days)
Hispanic youths with no prior juvenile commitments who are charged with drug offenses are 13x more likely to be assigned to locked custody than white youths
African American youths with no prior commitment record are 48x more likely to be assigned to locked custody than white youths with similar records
Juvenile Court Records
Is it “right” or “just” or “fair” that juveniles don’t have criminal records?
Although juvenile delinquents do not have a criminal record, their juvenile record can follow them into life
For a person to be eligible to have a juvenile record expunged, most states require that several years have passed since the offense & that the person not have committed any further offenses during that time