In your opinion, should juveniles continue to receive what many regard as preferential treatment from the courts?? Why or why not?watch3.htmSchmalleger_CJ_Brief_lecture_ch13_accessiblePPT

02 Dec In your opinion, should juveniles continue to receive what many regard as preferential treatment from the courts?? Why or why not?watch3.htmSchmalleger_CJ_Brief_lecture_ch13_accessiblePPT

Posted at 06:05h in Law / Criminal by

In your opinion, should juveniles continue to receive what many regard as preferential treatment from the courts? Why or why not?

Criminal Justice: A Brief Introduction

Thirteenth Edition

Chapter 13 Juvenile Justice

Introduction (1 of 2)

• Juvenile – A youth at or below the upper age of juvenile court

jurisdiction in a particular state

• Justice-involved youth – A juvenile who has been charged with an offense

• About 700,000 juveniles under 18 are arrested each year

Introduction (2 of 2)

• Juvenile justice system: – The government agencies that function to investigate,

supervise, adjudicate, care for, or confine youthful offenders and other children subject to the jurisdiction of the juvenile court

– Has roots in the adult system

Figure 13.1 Juvenile Involvement in Crime Versus System Totals, 2017

Juvenile Justice Throughout History (1 of 3)

• Before the modern era, children who committed crimes in the Western world received no preferential treatment because of their youth

• Little distinction between criminality and delinquency

• Delinquency

– Juvenile actions or conduct in violation of criminal law, juvenile status offenses, and other juvenile misbehavior

Juvenile Justice Throughout History (2 of 3)

• Parens Patriae – A common law principle that allows the state to

assume a parental role and to take custody of a delinquent child

• By the end of the eighteenth century, the Enlightenment movement emphasized human potential

– Society became increasingly concerned about the well- being of children

Juvenile Justice Throughout History (3 of 3)

• By the middle of the nineteenth century, “houses of refuge” were developed to save children from lives of crime and poverty

• The American “child-savers” movement – Led to development of reform schools for delinquent

juveniles

Figure 13.2 Perspectives on Juveniles through History

The Juvenile Court Era (1 of 2)

• The 1899 Illinois Juvenile Court Act created a juvenile court

– Applied the term “delinquent” rather than “criminal” to avoid lasting stigma

– Determination of guilt or innocence took second place to the betterment of the child

• Federal Juvenile Court Act (1938)

• By 1945 every state had legislation focusing on the handling of juveniles

The Juvenile Court Era (2 of 2)

• Key philosophical principles of the juvenile court movement

– The state is the “ultimate parent” – Children are worth saving

– Children should be nurtured – Justice and reformation need to be individualized

– Noncriminal procedures are necessary in order to help the child

Categories of Children in the Juvenile Justice System (1 of 3)

• Delinquent child: – A child who violates the criminal law

• Undisciplined child: – A child who is beyond parental control, as shown by a

refusal to obey legitimate authorities

• Dependent child: – A child who has no parents or guardians to care for him

or her

Categories of Children in the Juvenile Justice System (2 of 3)

• Neglected child: – A child who does not receive proper care from

parents or guardians

• Abused child: – A child who has been physically, emotionally, or

sexually abused

• Status offender: – A child who violates laws written only for them

Categories of Children in the Juvenile Justice System (3 of 3)

• Status Offense – An act or conduct that is declared by statute to

be an offense, but only when committed by or engaged in by a juvenile, and that can be adjudicated only by a juvenile court

– Truancy, vagrancy, running away from home, etc.

• Status offenses were a natural outgrowth of juvenile court philosophy

The Legal Environment

• Throughout the first half of the twentieth century, the Supreme Court followed a hands-off approach to juvenile justice

• Left adjudication and further processing of juveniles to specialized juvenile courts or local appeals courts

• Not until the 1960s that the Court began to consider the principles underlying the juvenile system itself

Supreme Court Cases Related to Juvenile Justice (1 of 2)

• Kent v. United States (1966)

• In re Gault (1967)

• In re Winship (1970)

• McKeiver v. Pennsylvania (1971)

• Breed v. Jones (1975)

• Schall v. Martin (1984)

Supreme Court Cases Related to Juvenile Justice (2 of 2)

• Thompson v. Oklahoma and Stanford v. Kentucky (1988–1989)

• Roper v. Simmons (2005)

• Graham v. Florida (2010)

• J. D. B. v. North Carolina (2011)

• Miller v. Alabama (2012)

• Montgomery v. Louisiana (2016)

Legislation Concerning Children and Justice (1 of 3)

• Omnibus Crime Control and Safe Streets Act of 1968 – Provided money and technical assistance to states and

municipalities seeking to modernize their justice systems

– Also provided funding for youth services bureaus

Legislation Concerning Children and Justice (2 of 3)

• Juvenile Justice and Delinquency Prevention (J J D P) Act of 1974

– Provided federal grants to states and cities seeking to improve their handling and disposition of delinquents and status offenders

– Participants had to meet two conditions:

▪ “Sight and sound separation mandate” ▪ Deinstitutionalize status offenders

– Has been reauthorized for funding multiple times

Legislation Concerning Children and Justice (3 of 3)

• PROTECT Act of 2003 (AMBER Alert law) – Provides federal funding to states to ensure the

creation of a national AMBER network to facilitate rapid law enforcement and community response to kidnapped or abducted children

The Legal Rights of Juveniles (1 of 2)

• Most jurisdictions have statutes designed to extend the Miranda provisions to juveniles

• It is unclear whether juveniles can legally waive their Miranda rights

The Legal Rights of Juveniles (2 of 2)

• New Jersey v. T. L. O. (1985) – Students have a reasonable expectation of privacy in

their personal property – A search is considered reasonable if it

▪ is based on a logical suspicion of rule-breaking actions

▪ is required to maintain order, discipline, and safety among students

▪ does not exceed the scope of the original suspicion

The Juvenile Justice Process Today (1 of 2)

• Juvenile court jurisdiction rests on the offender’s age and conduct

– Most states define a juvenile as one who is not 18 – A few states use 16 or 17 for juvenile court jurisdiction

• Exclusive jurisdiction applies when the juvenile court is the only court that has statutory authority

The Juvenile Justice Process Today (2 of 2)

• If juvenile court authority is not exclusive, it may be original or concurrent

– Original jurisdiction—an offense must originate with juvenile court authorities

– Concurrent jurisdiction—other courts have equal statutory authority to originate proceedings

• In some states, juvenile courts have no jurisdiction over certain specified offenses

Figure 13.4 Maximum Age of Juvenile Court Jurisdiction over Young Offenders, by State

Adult and Juvenile Justice Compared

• Juveniles lack some due process protections

• Other differences include – Less concern with legal issues of guilt or innocence

– Treatment emphasized over punishment – Privacy/protection from public scrutiny – Dispositions based on social science

– No long-term confinement

– Separate facilities

– Broad discretionary alternatives

CJ Exhibit 13.1 Adult Criminal Case Processing vs. the Juvenile Justice System

ADULT CRIMINAL PROCEEDINGS Focus on criminality Comprehensive rights against unreasonable searches of person, home, and possessions Right against self-incrimination Assumption of innocence until proven guilty

Adversarial setting Most arrests based on arrest warrants Right to an attorney Right to trial by jury Right to a public trial System goals of punishment and reformation No right to treatment Possibility of bail or release on recognizance Release Public record of trial and judgment

Possible incarceration in adult correctional facility

JUVENILE PROCEEDINGS Focus on delinquency and a special category of “status offenses” Limited rights against unreasonable searches

Right against self-incrimination (waivers are questionable) Guilt and innocence not the primary issues (the system focuses on the interests of the child) Helping context Apprehension based on petitions or complaints Right to an attorney Closed hearing; no right to a jury trial

System goals of protection and treatment Specific right to treatment Release into parental custody Sealed records (records may sometimes be destroyed by specified age of offender) Separate facilities at all levels

How the System Works

• Four states in the juvenile justice process – Intake – Adjudication

– Disposition – Postadjudicatory review

• Juvenile system is more likely to use discretion and diversion at each stage

Figure 13.5 The Juvenile Justice System

Intake and Detention Hearings (1 of 2)

• Juveniles come to the attention of the system through arrest or the filing of a juvenile petition

– Juvenile petition: Alleges that a juvenile is delinquent and asks the court to assume jurisdiction

– 3/4 of all referrals come from law enforcement

• Emphasis on rehabilitation results in increased use of diversion

• One in five cases involve preadjudication detention

Intake and Detention Hearings (2 of 2)

• Detention hearing – Conducted by judge or officer of the court

• Preliminary hearing – Purpose is to determine if there is probable cause to

believe that the juvenile committed the alleged act

• Transfer hearing – Consider transfer of case to adult court

Adjudication (1 of 3)

• Adjudicatory Hearing – Fact-finding process during which the juvenile court

determines whether there is sufficient evidence of a law violation

– Similar to an adult trial

Adjudication (2 of 3)

• Key differences from adult trial – Emphasis on privacy – Informality

– Speed – Evidentiary standard

– Court philosophy

– No right to trial by jury

Adjudication (3 of 3)

• Teen court – An alternative to formal adjudication in a juvenile court – Alleged offenders are judged and/or sentenced by a

jury of their peers

– Hundreds of teen courts are in operation across the country

Disposition (1 of 3)

• Dispositional hearing – Used to decide what action the court should take after

a juvenile has been found delinquent – Similar to an adult sentencing hearing

• Juvenile court counselors – May conduct presentence investigations – Effectively are juvenile probation officers

Disposition (2 of 3)

• Judges usually have wider range of sentencing alternatives

• Major classes of juvenile disposition: to confine or not to confine

– Primary objective is rehabilitation – Judge is likely to select the least restrictive alternative

that meets the juvenile’s needs and the legitimate concerns of society for protection

Disposition (3 of 3)

• Most judges decide not to confine juveniles

• In nearly two-thirds of adjudicated delinquency cases, juveniles are placed on formal probation

• Probationary disposition

– Usually means juveniles are released into the custody of a parent or guardian and ordered to undergo some form of training, education, or counseling

– May be ordered to pay fines or make restitution

Secure Institutions for Juveniles (1 of 3)

• Most confined juveniles are held in semi-secure facilities designed to look like residential high school campuses

• Most states have at least one security facility for most recalcitrant offenders

• Juveniles may also be held in halfway houses, “boot camps,” ranches, forestry camps, wilderness programs, group homes, and state-hired private facilities

Secure Institutions for Juveniles (2 of 3)

• Emphasis on rehabilitation

• Juveniles usually committed to secure facilities for indeterminate periods of time.

• Typical stay is less than one year

• Release frequently timed to coincide with start or end of the school year

Secure Institutions for Juveniles (3 of 3)

• Most juvenile facilities are small, with 82% designed to hold 50 residents or fewer

• Many hold 10 residents or fewer

• 96 large facilities, each holding 100+ hard-core delinquents

• States vary widely in use of secure detention for juveniles

Figure 13.6 Number of Youth Held in Secure Confinement in the United States, 1997–2015

Characteristics of Juveniles in Confinement

• 84.8% male, 15.2% female

• 41.9% black, 31.3% white, 21.9% Hispanic

• 4.8% institutionalized for status offense

• 59.3% in residential facilities for a serious personal or property crime

• 1.6% charged with homicide

Overcrowding in Juvenile Facilities (1 of 2)

• Overcrowding exists in many juvenile institutions

• One in five juveniles held in facilities at or over standard bed capacity

• Widespread problems in juvenile facilities in areas of living space, health care, security, and control of suicidal behavior

Overcrowding in Juvenile Facilities (2 of 2)

• Many states use private facilities – 68% of juveniles held in public facilities, 32% in

private facilities – Typical juvenile in public facility—black, male

14–17, held for delinquent offense – Typical juvenile in private facility—white, male

14–17, held for nondelinquent offense

Postadjudicatory Review (1 of 2)

• Appellate review may be more critical for juveniles due to the detrimental effects of institutionalization

• Federal courts have not established a clear right to appeal from juvenile court

• Most states have statutory provisions making such appeals possible

Postadjudicatory Review (2 of 2)

• Practically speaking, juvenile appeals may not be as consequential as adult appeals

– Most complaints handled informally – Only a small proportion of adjudicated

delinquents placed outside the family – Sentence lengths are short

Trends in Juvenile Justice (1 of 4)

• Serious juvenile crime in late twentieth century led to increasing “criminalization” of juvenile courts

• OJJDP comprehensive strategy for serious, violent, and chronic juvenile offenders

• Today we are seeing a move back toward original principles of the juvenile court

– Limited state budgets – Lack of faith in ability of residential placement

to reform juveniles

Trends in Juvenile Justice (2 of 4)

• Research distinguishing adolescents from adults contributing to reestablished boundaries between adult and juvenile justice systems

• Significant differences in developing adolescent brains mean young people

– have less capacity for self-regulation – have more sensitivity to proximal external

influences – show less ability to make judgments and

decisions requiring future orientation

Trends in Juvenile Justice (3 of 4)

• Recent trends to restore jurisdiction to the juvenile court include

– comprehensive juvenile justice reforms – reformation of transfer, waiver, and direct-file

laws, including reduced use of blended sentences

– upping the age of juvenile court jurisdiction – development of evidence-based prevention,

intervention, and detention reform

Trends in Juvenile Justice (4 of 4)

• Recent trends to restore jurisdiction to the juvenile court include

– due process reforms – recognition of the mental health needs of

juveniles – addressing racial and ethnic disparities – improvements to aftercare programs

Criminal Justice: A Brief Introduction
Introduction (1 of 2)
Introduction (2 of 2)
Slide 4
Juvenile Justice Throughout History (1 of 3)
Juvenile Justice Throughout History (2 of 3)
Juvenile Justice Throughout History (3 of 3)
Figure 13.2 Perspectives on Juveniles through History
The Juvenile Court Era (1 of 2)
The Juvenile Court Era (2 of 2)
Categories of Children in the Juvenile Justice System (1 of 3)
Categories of Children in the Juvenile Justice System (2 of 3)
Categories of Children in the Juvenile Justice System (3 of 3)
The Legal Environment
Supreme Court Cases Related to Juvenile Justice (1 of 2)
Supreme Court Cases Related to Juvenile Justice (2 of 2)
Legislation Concerning Children and Justice (1 of 3)
Legislation Concerning Children and Justice (2 of 3)
Legislation Concerning Children and Justice (3 of 3)
The Legal Rights of Juveniles (1 of 2)
The Legal Rights of Juveniles (2 of 2)
The Juvenile Justic

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02 Dec In your opinion, should juveniles continue to receive what many regard as preferential treatment from the courts?? Why or why not?watch3.htmSchmalleger_CJ_Brief_lecture_ch13_accessiblePPT

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