Juvenile Justice System Chapter 15

Evolution of the Juvenile Justice System 18 th century children were treated the same as adults Throughout the 1800’s reform began – Separating children from adults – 1899, Illinois created the first “Juvenile Court” – Guided by “parens patraie”-state has the responsibility to look after the well being of children and assume the role of the parent if necessary

Evolution of the Juvenile Justice System Juvenile Delinquency – Status Offender-juvenile who has engaged in behavior deemed unacceptable for those under a certain statutorily determined age – Juvenile delinquency-behavior illegal under state law that has been committed by a person who is under an age limit specified by statute

Evolution of the Juvenile Justice System Constitutional protections – “Kent vs. U.S.” (1966)- requires hearing and representation when a child’s case may be heard in adult court – “In re gault”-juveniles must be afforded same due process as adults – 1970-beyond a reasonable doubt vs. preponderance of the evidence – 1975-no double jeopardy; can not by tried in both juvenile and adult court – 1971-juveniles do not have right to jury trial

Determining Delinquency Today When does culpability begin? – Most researchers say 14 yoa – Juveniles more impulsive, lack judgement – “Roper vs. Simmons” (2005)-forbade the execution of offenders under the age of 18 – “Graham vs. Florida” (2010)-juveniles committing violent crimes except murder must have possibility of parole

Trends in Juvenile Delinquency 2010-juveniles were responsible for: – 9% of all murder arrests – 11% of aggravated assault arrests – 14% of forcible rapes – 20% weapon arrests – 24% of robbery arrests – 10% of all drug arrests

Trends in Juvenile Delinquency Juvenile crime spiked in mid 90’s, but came back down to “normal” levels in last 5-7 years Girls becoming a growing presence in the system – Police used to allow girls to go free when with boy offenders

Trends in Juvenile Delinquency Girls are being arrested at a higher rate for domestic violence, as they are more apt to fight with family School Violence and Bullying – Police becoming more involved in juvenile issues because of trends of violence and bullying

Trends in Juvenile Delinquency Factors in Juvenile Delinquency – Family-single parent, drug alcohol abuse, economic issues, gang involvement – School-academic frustration, LD, labeling by teachers, discipline problems – Community-social disorganization, gangs, firearms, high crime, no social/economic opportunities – Peers-delinquent friends, drug use, negative peer pressure – Individual- aggressive behavior, adhd, substance abuse, pessimistic

Trends in Juvenile Delinquency The relationship between age and crime – Aging out-criminal activity declines with age – Age of onset-age at which juvenile exhibits juvenile behavior Substance Abuse – 94% of juveniles report some type of substance abuse when committed to detention – Alcohol in 50% to 65% of teenage suicide

Trends in Juvenile Delinquency Child Abuse and Neglect – Child Abuse-mistreatment of children physically, emotionally, sexual – Child neglect-child denied certain necessities such as shelter, food, care, and LOVE – Youth gang-self formed group of juveniles with several identifiable characteristics-name, symbols, territory, illegal activities

Trends in Juvenile Delinquency Who joins gangs? – 49% hispanic – 35% black – 9% white – 7% everyone else Why youths join gangs? – Community status-high crime, need protection – Excitement – Financial need

Trends in Juvenile Delinquency Youth gangs responsible for 50% of all drug sales Juveniles possessing same at risk traits as those juveniles in gangs were less likely to commit crimes Gang members more likely to possess a firearms/weapons

Police and Pretrial Procedures Approximately 1.3 million juveniles are arrested a year Low visibility decision making-discretionary power the police have in determining what to do with misbehaving juveniles – nature of offense – Past history – Setting in which offense took place – Parental involvement – Attitude of the offender – Race and gender-not my words, in the book?

Police and Pretrial Procedures – Referral-notification process in which LE officer or other concerned citizen makes the juvenile court aware of the juveniles conduct Arrests of minorites – Black juveniles 4x likely to be arrested for violent crime; 2x as likely to be arrested for property crimes as compared to white juveniles – Yet latest study showed nonwhite offenders no more likely than white offenders to be arrested for same delinquent behavior using NIBRS data

Police and Pretrial Procedures Failing the attitude test – Hostility and unresponsiveness usually lead to a formal charge Miranda Rights – “Fare vs. Michael C.” (1979), juveniles may waive miranda rights – Courts can look at defendents age when determining whether statement was coerced or not

Police and Pretrial Procedures Intake- process in which the court must decide whether to file a petition or place the juvenile under some kind of supervision Petition-document filed with court alleging delinquency or offender requesting the court or adult court hear case Pretrial diversion-low risk offenders; probation, treatment, restitution

Police and Pretrial Procedures Transfer to adult court – Methods 1.Judicial waiver-juvenile judge, based on facts transfers case 2.Automatic transfer-transferred based on state law, IE. Murder charge 3.Prosecutorial waiver-depends on age and offense, prosecutor decides which court Approximately 8500 cases passed to adult court, less than.5% of all cases

Police and Pretrial Procedures Detention- temporary custody of juvenile in a secure facility after petition issued, based on crime, record, family, protection of child Detention hearing- hearing determining if juvenile should be detained or remain detained

Juveniles on Trial Adjudicatory hearing- the process in which juvenile court determines whether there is sufficient evidence to support petition Disposition hearing- juvenile judge or intake officer decides punishment Predisposition report- provides the judge with relevant info to aid in his decision making process Great deal of discretion in juvenile courts

Juveniles on Trial Graduated sanctions-practical theory that a delinquent or status offender should receive punishment that matches seriousness of offense Probation most common form of punishment

Juveniles on Trial Two forms of confinement 1.Nonsecure- residential treatment programs Foster care Group homes Family group homes Rural programs-camps, farms, ranches 2.Secure-jail, prison Boot camps-shock incarceration Training school-mimic adult prisons Aftercare- therapeutic, educational, and counseling programs made available to juvenile delinquents after release