Criminal Justice BHS Law Related Education Chapter 6: A Separate System for Juveniles Should Juveniles Be Tried as Adults? Juvenile court was created to handle juvenile offenders on the basis of their youth rather than their crimes. The purpose of juvenile court is treatment and guidance rather than punishment. The purpose of juvenile courts is to shield youths from the consequences of their own actions. Does the juvenile court system deter juvenile violence?

Criminal Justice BHS Law Related Education Chapter 6: A Separate System for Juveniles I.Juveniles' Responsibilities and Rights A.A separate justice system for juveniles operates in the United States based on the premise that juveniles and adults should be treated differently. B.The creation of the juvenile justice system was based on the legal doctrine of parens patriae, meaning “the state as parent.” C.It is assumed that adolescents have less responsibility for their acts and need protection. Do you agree?

Criminal Justice BHS Law Related Education Chapter 6: A Separate System for Juveniles I.A Separate System for Juveniles D.Most states have instituted juvenile codes encompassing the legal doctrine of parens patriae. E.Under the parens patriae philosophy, the goal of the juvenile courts became individualized justice for juveniles. F.Recently, the threat of juvenile crime has led to less emphasis on juveniles' rights and more stress on punishment. G.As lawmakers became disillusioned with rehabilitation, they embraced retribution and deterrence as the best approaches to stopping juvenile street crime. What do you think?

Criminal Justice BHS Law Related Education Chapter 6: A Separate System for Juveniles II.Juvenile Court Jurisdiction A.Classification of juvenile offenders-The jurisdiction of the juvenile court includes three categories of juvenile offenders. 1.Delinquents—youths who commit acts that would be defined as criminal for an adult, including misdemeanors and felonies. 2.Status offenders—youths who commit acts that would not be defined as criminal if committed by an adult (for example, truancy, running away from home, and curfew violations). 3.Dependent and neglected children—youths who are deprived and in need of support and supervision. B.Under common law, the minimum age for holding a person accountable for criminal behavior is 7. Most states set the maximum age at 17 years of age. Should a 7 year-old be charged with a crime?

Criminal Justice BHS Law Related Education Chapter 6: A Separate System for Juveniles II.Juvenile Court Jurisdiction C. Police Discretion-Police exercise enormous discretion in dealing with juvenile offenders. They have the following options: 1.Release and warn. 2.Release and file a report. 3.Take the youth to the police station and make a referral to a community youth- services agency, a practice called diversion. 4.Refer to juvenile court intake, without detention. 5.Refer to juvenile court intake, with detention. D.What is the most important factor influencing police decisions regarding juveniles? The seriousness of the crime

Criminal Justice BHS Law Related Education Chapter 6: A Separate System for Juveniles II.Juvenile Court Jurisdiction E. Criminal Procedure in Juvenile Cases 1.In dealing with juveniles, police must give Miranda warnings to youths prior to custodial interrogation. 2.The U.S. Supreme Court has ruled that school officials can conduct warrantless searches of students and their lockers if they have a reasonable suspicion (not Probable Cause) that the searches will yield evidence of school or criminal law violations. 3.Most state laws require a detention hearing to decide whether to release the child to his or her parents or retain custody.

Criminal Justice BHS Law Related Education Chapter 6: A Separate System for Juveniles II.Juvenile Court Jurisdiction F. Detention-A police or school referral to juvenile court can be made with or without detention. 1.Detention is the temporary jailing of youths who are awaiting disposition of their cases. 2. The major purposes for locking up juveniles in detention centers are; a) To secure their presence at court proceedings. b) To hold those who can't be sent home because parental supervision is lacking. c) To prevent them from harming themselves and to prevent crimes (preventive detention). d) To punish.

Criminal Justice BHS Law Related Education Chapter 6: A Separate System for Juveniles II.Juvenile Court Jurisdiction G. Juvenile Intake Unit 1.The police can refer a youth to juvenile court rather than handle the case informally. 2.The case goes to a probation officer working in an intake unit of the juvenile court to determine whether there is probable cause to believe the accused youth committed a crime. 3.The major function of intake is to decide whether a petition should be filed against a juvenile. The filing of a petition signifies that there is enough evidence supporting the charges against a youth to warrant further court action and authorizes a hearing before a juvenile court judge.

Criminal Justice BHS Law Related Education Chapter 6: A Separate System for Juveniles II.Juvenile Court Jurisdiction H. Certification: Trying Juveniles as Adults 1.Juvenile cases are moved to adult criminal court by a process called certification (waiver of jurisdiction). 2.The decision as to whether to transfer a case is made by a juvenile court judge at a transfer hearing, usually at the request of the prosecutor. 3.The effect of a waiver is to deny a juvenile the protection of the juvenile court and to subject the juvenile to the possibility of receiving harsh punishment. 4.The Supreme Court ruled in Stanford v. Kentucky (1989) that the death penalty can be imposed for crimes committed by juveniles as young as 16.

Criminal Justice BHS Law Related Education Chapter 6: A Separate System for Juveniles III.Adjudication in Juvenile Court A. Adjudication Hearing- A fact-finding hearing where a juvenile court judge decides whether or not there is proof, beyond a reasonable doubt, to label a youth “delinquent.” 1.Rights afforded to juveniles during an Adjudication Hearing include; a)The right to notice of charges. b)The right to counsel. c)The right to confront witnesses. d)The right to cross-examine witnesses. e)The privilege against self-incrimination. 2. Juveniles have no right to a jury trial. 3.While adult criminal trials are open and formal, juvenile hearings are closed and informal.

Criminal Justice BHS Law Related Education Chapter 6: A Separate System for Juveniles III. Adjudication in Juvenile Court B. Disposition 1.If a judge finds a youth delinquent, a disposition hearing (which is similar to a sentencing hearing) is held. 2.The purpose is to determine whether the youth is to be put on probation or placed in an institution. 3.Besides probation, judges have a variety of other community-based correctional dispositions (for example, halfway houses and foster homes) to choose from.

Criminal Justice BHS Law Related Education Chapter 6: A Separate System for Juveniles III. Adjudication in Juvenile Court C. Institutionalization 1.A juvenile court has the power to commit a delinquent to; a)A state training school b)a ranch or boot camp c)a private residential treatment facility d)a juvenile prison D.After institutionalization juvenile offenders may be given parole with a parole officer supervising juvenile offenders in the community.