Juvenile Justice Chapter 16

History Mid 19 th century- argued that the failure of the family was the cause of delinquent behaviorMid 19 th century- argued that the failure of the family was the cause of delinquent behavior Reformers argued that parents had failed to teach their children proper values and respect.Reformers argued that parents had failed to teach their children proper values and respect. A separate juvenile court was developed to assume the responsibility that had been the parentsA separate juvenile court was developed to assume the responsibility that had been the parents Instead of punishment, which was a main purpose for adult corrections, the juvenile system would take a moralistic approach to rehabilitate the juvenile to learn community values.Instead of punishment, which was a main purpose for adult corrections, the juvenile system would take a moralistic approach to rehabilitate the juvenile to learn community values.

Parens Patriae Meaning: “Parent of the County”Meaning: “Parent of the County” –The right of the state to intervene and act as a parent in the best interest of the child

Juvenile Court Cases Hear three types of casesHear three types of cases –Delinquent Offenders- committed an act which would be a crime if an adult –Status Offenders- Committed acts that would not be crimes if committed by adults Run away, curfew, cutting school, not listening to parents, underage alcohol, sex.Run away, curfew, cutting school, not listening to parents, underage alcohol, sex. –Neglected or abused children- The court protects the child from the parent/guardian

Holding parents and adults accountable Parent Responsibility Laws- If the parent knows or should have reasonably known of the child’s wrong doing, the parent can be criminally prosecutedParent Responsibility Laws- If the parent knows or should have reasonably known of the child’s wrong doing, the parent can be criminally prosecuted Contributing to the delinquency of a minor- When an adult knowingly or neglectfully assists or aids a juvenile in a delinquent or status offenseContributing to the delinquency of a minor- When an adult knowingly or neglectfully assists or aids a juvenile in a delinquent or status offense

Who is a Juvenile Person under the age of 18Person under the age of 18 CaliforniaCalifornia –The law presumes that juveniles under the age of 12 are incapable of committing a criminal act What does this mean?What does this mean?

Age limits before transfer to adult court 18 years of age18 years of age –Exceptions exist for serious felonies where a juvenile may be tried as an adult At a transfer hearing (to determine whether a case should be transferred to adult court), the judge considers the following: The juveniles age and past record The seriousness of the crime The likelihood that the juvenile may be rehabilitated before the age of majority (age at which a juvenile becomes an adult, 18 in California).

Status Offenders 1.6 to 2.8 million juveniles runaway each year.1.6 to 2.8 million juveniles runaway each year. –1/7 juveniles will runaway. –70% are between years of age –75% are female National runaway switchboardNational runaway switchboard –

Juvenile Justice Today In the 1960s, many began to argue that the juvenile system had become more harsh than the adult system without adult constitutional rightsIn the 1960s, many began to argue that the juvenile system had become more harsh than the adult system without adult constitutional rights –In re Gault many of the same rights afforded to adults now afforded to juveniles (notification, attorney, cross-examine witnesses, right to remain silent) –In re Winship juvenile must be found delinquent beyond a reasonable doubt –McKeiver v. Pennsylvania Juveniles don’t have a right to a jury trial –Juveniles do not have a constitutional right to post bail Juvenile Justice and Delinquency Prevention Act of 1974Juvenile Justice and Delinquency Prevention Act of 1974

Juvenile Court Procedures Taking into custody by the policeTaking into custody by the police Intake- decide whether or not to hold in custody until initial hearingIntake- decide whether or not to hold in custody until initial hearing Initial Hearing- Hearing by a judge on the validity of the arrest and detention and whether the juvenile should remain in custody or be releasedInitial Hearing- Hearing by a judge on the validity of the arrest and detention and whether the juvenile should remain in custody or be released –Preventive Detention- Juveniles don’t have a right to bail because the state is holding the juvenile in the best interest of the juvenile and the community.

Juvenile Procedures (continued) Adjudicatory Hearing- same purpose as an adult trial, to determine the facts of the case.Adjudicatory Hearing- same purpose as an adult trial, to determine the facts of the case. Disposition Hearing- Judge determines what sentence (disposition) the juvenile should receive.Disposition Hearing- Judge determines what sentence (disposition) the juvenile should receive. Post-disposition (after release from custody)Post-disposition (after release from custody) –Aftercare: equivalent to adult parole, but in addition to supervision, it has more focus on counseling and vocational training –Criminal Records- Petition to expunge