Chapter 13 Juvenile Justice

Historical Development of Juvenile Justice From a historical perspective, juvenile delinquency and a separate justice process for juveniles are recent concepts.

juvenile delinquency A special category of offense created for youths—that is, in most U.S. jurisdictions, persons between the ages of 7 and 18.

The Development of Institutions for Youth In the beginning of the 19th century, American cities were seeing tremendous growth, particularly because of immigration and, in later years, industrialization.

The Houses of Refuge Houses of refuge were designed to be institutions where children could be reformed and turned into hard-working members of the community. A child could be committed to a house of refuge by a constable, by a parent, or on the order of a city alderman.

houses of refuge The first specialized correctional institutions for youths in the United States.

The Houses of Refuge Children in houses of refuge engaged in a daily regimen of hard work, military drills, and enforced silence, as well as religious and academic training. After “reformation,” boys were frequently indentured to masters on farms or to tradesmen, and girls were placed in domestic service.

Probation Boston shoemaker John Augustus, the “father of probation,” volunteered in 1841 to provide bail for and to supervise minor offenders.

The Development of the Juvenile Court During the late 1800s, a new groups of reformers, the child savers, began to advocate a new institution to deal with youth problems: The juvenile court.

The Legal Context of the Juvenile Court By the late 1800s, legal mechanisms for treating children differently and separately from adults were being put in place. The first juvenile court was established in 1899 in Cook County Illinois

The Legal Context of the Juvenile Court The doctrine of parens patriae served as the foundation for the juvenile court

parens patriae The legal philosophy justifying state intervention in the lives of children when their parents are unable or unwilling to protect them.

The Legal Reform Years: In re Gault In the landmark case, In re Gault (1967), the U.S. Supreme Court gave juveniles a number of due process protections: The right against self-incrimination A right to adequate notice of charges against them A right to confront and to cross-examine their accusers continued…

The Legal Reform Years: In re Gault The right to assistance of counsel The right to sworn testimony and appeal

The Legal Reform Years: The Juvenile Court After Gault The court’s ruling in Gault and other cases not only increased procedural formality in juvenile court cases, but also shifted the traditional focus from the “whole child” to the child’s act. From there, it was a short step to offense-based sentencing and punitive orientation.

The Legal Reform Years: The Juvenile Court After Gault Juvenile court procedures are still characterized by an informality that most people would find unacceptable if it were applied to adults in criminal court.

The Formal Juvenile Justice Process The police represent the primary gatekeepers to the formal juvenile justice process. 85 percent of delinquency cases referred to the juvenile courts come from police agencies. Status offenses are often referred by others.

status offenses Acts that are not crimes when committed by adults but are illegal for children (for example, truancy or running away from home).

The Police Response to Juveniles Typical responses that police officers employ in handling juvenile cases are: Warn and release Refer to parents Refer to a diversionary program operated by the police or another community agency Refer to court

Trends in Police Processing of Juveniles In recent years, there has been a trend toward more formal processing of juveniles taken into police custody, particularly: Referring more youths to juvenile court Handling fewer cases within police departments Referring more cases to criminal courts

Diversion The goal of juvenile diversion programs is to respond to youths in ways that avoid formal juvenile justice processing. Diversion usually occurs before adjudication.

Diversion Diversion programs are based on the understanding that formal responses to youths who violate the law do not always protect the best interests of children or the community.

Detention Sometimes a youth is held in secure detention facility during processing. There are three primary reasons for this practice: To protect the community from the juveniles To ensure that the juvenile appears at a subsequent stage of processing To secure the juvenile’s own safety

Intake Screening When the decision to arrest a youth is made, or a social agency such as a school alleges that an offense has occurred, the next step in the juvenile justice process is intake screening.

intake screening The process by which decisions are made about the continued processing of juvenile cases. Decisions might include dismissing the case, referring the youth to a diversion program, or filing a petition.

Transfer, Waiver, or Certification to Criminal Court Since the early days of the juvenile court, state legislatures have given juvenile court judges statutory authority to transfer certain juvenile offenders to criminal court.

transfer The act or process by which juveniles who meet specific age, offense, and (in some jurisdictions) prior-record criteria are transferred to criminal court for trial; sometimes called waiver or certification.

The Adjudication Hearing When a petition is filed at intake and the case is not transferred to criminal court, the next step is adjudication. Preliminary steps include: Filing a petition Setting a hearing date Notifying the necessary parties—the youth, the parents, and witnesses

The Adjudication Hearing When charges specified in the petition are contested by a juvenile and the juvenile is represented by an attorney, another critical event often takes place before adjudication: a plea bargain

The Adjudication Hearing There are two types of adjudications: Contested Uncontested Similar to a trial. Usually a bench adjudication, not a jury trial A brief hearing in which the youth admits the charges.

Disposition Disposition is the juvenile court equivalent of sentencing in criminal court. Disposition An order of the court specifying what is to be done with a juvenile who has been adjudicated delinquent. A disposition hearing is similar to a sentencing hearing in criminal court.

Disposition Some of the options available are: Probation Placement in a diversion program Restitution Community service Detention Placement in foster care continued…

Disposition Placement in a long-term or short-term residential treatment program Placement with a relative Placement with the state for commitment to a state facility Or a combination of the above

Disposition Because of recent heightened concerns about violent juvenile offenders, many states have legislatively redefined the juvenile court’s mission by deemphasizing the goal of rehabilitation and stressing the need for public safety, punishment, and accountability.

Disposition The philosophical focus has also changed from offender-based dispositions to offense-based dispositions, including: Blended sentences—both juvenile and adult sanctions Mandatory minimum sentences for specific types of offenders Extension of juvenile court dispositions beyond the offender’s age of majority

Probation Probation is the most frequently used correctional response for youths who are adjudicated delinquent in juvenile courts.

Probation Probation officers usually perform four important roles in the juvenile justice process: Performing the intake screening Conducting presentence investigations Supervising offenders Providing assistance to youths placed on probation

Probation A recent trend in juvenile probation is the development of intensive-supervision (probation) programs, which in some jurisdictions involve home confinement.

Restitution In practice, there are three types of restitution: Monetary restitution—The youth pays cash to the victim for harm done. Victim-service restitution—The youth provides some service to the victim. Community-service restitution—The youth provides assistance to a community organization.

Wilderness Probation (Outdoor Adventure) Programs Wilderness probation programs involve youths in a physically and sometimes emotionally challenging outdoor experience intended to help them: Develop confidence in themselves Learn to accept responsibility for themselves and others Develop a relationship of trust with program staff

Day Treatment Programs Day treatment programs provide treatment or services during the day and allow youths to return home at night. It is believed that they are: Cost-effective Effective at protecting the community Can provide a range of services

Foster Homes Foster homes are out-of-home placements intended to resemble, as much as possible, a family setting. It is usually used by a court when a youth’s home life has been particularly chaotic or harmful.

Group Homes Group homes are open, nonsecure community-based facilities used either as an alternative to incarceration or to help youths transition to home. Group homes are generally larger than foster homes, less impersonal than institutions, and less expensive than institutional placements.

Juvenile Correctional Institutions Institutional programs are the most restrictive placements available to juvenile courts. However, juvenile institutions vary in the extent to which they focus on custody and control.

Juvenile Correctional Institutions Secure facilities employ: Open facilities: have no perimeter fencing Leave entrances and exits unlocked rely heavily on staff perimeter fencing barbed wire surveillance devices monitoring of residents’ movements restricting residents’ access to the community

Juvenile Correctional Institutions Juvenile correctional institutions vary: Some are public, some are private Many are small—40 residents—some house as many as 800 residents Some are co-ed Detention centers and diagnostic centers are designed for short-term stays continued…

Juvenile Correctional Institutions Farms, ranches, forestry camps, and trainings schools are for long-term placements Types of programming and quality of care