Aim: How does the Juvenile Justice System operate in the United States.

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Presentation transcript:

Aim: How does the Juvenile Justice System operate in the United States

Juvenile Justice Vocabulary Status Offense- Any act committed by a juvenile that is considered unacceptable for a child, such as truancy or running away from home, but that would not be a crime if it were committed by an adult. Status Offense- Any act committed by a juvenile that is considered unacceptable for a child, such as truancy or running away from home, but that would not be a crime if it were committed by an adult. Delinquent- A child who has committed an act that if committed by an adult would be criminal. Delinquent- A child who has committed an act that if committed by an adult would be criminal. PINS- Acronym for “Person In Need of Supervision”. A parent can petition the courts for assistance with out of control children. PINS- Acronym for “Person In Need of Supervision”. A parent can petition the courts for assistance with out of control children.

Neglected Child- A child who is not receiving proper care, because of some action or inaction of his or her parents. Neglected Child- A child who is not receiving proper care, because of some action or inaction of his or her parents. Dependant Child- A child who has no parent or guardian or whose parents cannot give proper care. Dependant Child- A child who has no parent or guardian or whose parents cannot give proper care. Detention Hearing- A hearing by the juvenile court to determine if a juvenile is to be detained or released prior to adjudication. Detention Hearing- A hearing by the juvenile court to determine if a juvenile is to be detained or released prior to adjudication.

Youth Crime in the United States In the United States there are about 70 million people under the age of 18.  There are approximately 2.4 million arrests of juveniles each year.  Approximately 99,000 (4 %) are arrested for violent crimes.  28% of juveniles arrested are female.  Approximately 1 in 3 boys will be arrested before their 18 th birthday.

Development of Juvenile Justice in the United States Puritan Model Puritan Model Massachusetts Stubborn Child Law Massachusetts Stubborn Child Law Puritan’s viewed children as EVIL Puritan’s viewed children as EVIL Refuge Model Refuge Model Children seen as helpless Children seen as helpless Arose out of Enlightenment Arose out of Enlightenment Juvenile Court Model Juvenile Court Model Reformation and rehabilitation of the juvenile offender Reformation and rehabilitation of the juvenile offender

Development of Juvenile Justice in the United States Juvenile Rights Model Juvenile Rights Model Movement to define and protect the rights of all juvenile offenders. Movement to define and protect the rights of all juvenile offenders. Based on the civil rights movements. Based on the civil rights movements. Crime Control Model to Present Crime Control Model to Present Concern for victims Concern for victims Concern for perpetrators Concern for perpetrators Protection of Children Protection of Children More police action against Juveniles More police action against Juveniles Juveniles incarcerated for longer periods of time Juveniles incarcerated for longer periods of time

United States Supreme Court and the Juvenile Justice System Court CaseSupreme Court Decision Kent v United States 1966Courts must provide the essentials of due process in transferring juveniles to an adult system In Re Gault 1967In hearings that could result in commitment to an institution, juveniles have four basic constitutional rights. Notice of Charges, right to lawyer, right to confront witnesses and cross examine them, and protection against self incrimination In Re Winship 1970In delinquency matters, the state must prove its case beyond a reasonable doubt. McKeiver v Pennsylvania 1971 Jury trials are not constitutionally required for juvenile court hearings Breed v Jones 1975A Juvenile who is found not guilty in family court cannot be tried for the same crime in adult court because that would constitute Double Jeopardy.

United States Supreme Court and the Juvenile Justice System Court CaseSupreme Court Decision Oklahoma Publishing Co v District Court 1977 and Smith v Daily Mail Publishing Co 1979 The press may report juvenile court proceedings under certain circumstances Eddings v Oklahoma 1982Defendant’s youthful age should be considered a mitigating factor in deciding whether to apply the death penalty Schall v Martin 1984Preventative pretrial detention of juveniles is allowable under certain circumstances Thompson v Oklahoma 1988 and Standord v Kentucky 1989 Minimum age for death penalty is set at 16 Roper v Simmons 2005 Juvenile defendants under the age of 18 may not be executed for their crimes.

No Age No Age VT 10 NH 13 ME No Age MA 14 RI 16 CT 14 NJ 14 DE No Age MD 15 DC 15 Youngest age at which juveniles may Be transferred to an adult criminal court

Dispositions of Juveniles in Police Custody 70.8%

Reasons for Juvenile Incarcerations

Conclusion Many criticize the juvenile justice system in America. Some believe that alternatives to putting juvenile in jail and prison must be found. Others believe that juveniles who commit crimes should be punished before they become adults who commit crimes. Studies have shown that adult criminals began committing crimes at very young ages. Many criticize the juvenile justice system in America. Some believe that alternatives to putting juvenile in jail and prison must be found. Others believe that juveniles who commit crimes should be punished before they become adults who commit crimes. Studies have shown that adult criminals began committing crimes at very young ages.