AJS101 (40384) Monday, October 3, 2016 Time Keeper

JUVENILE JUSTICE SYSTEM

Origin of the juvenile justice system Before this system was established, adults and juveniles were treated the same as adults by courts and judges – Common Law Doctrine A juvenile age 7 or older could be treated the same way as an adult Same Court Juveniles Housed in Prison with adults Death Penalty

1800’s – FIRST separate institutions Early 1800’s –To Separate Juveniles from Adults 1899 – FIRST JUVENILE COURT Cook County Illinois ? Why should there be separate institutions for juvenile offenders? Questions: 1. Why should there be separate systems for juvenile offenders? – less mature and have not developed the same level of intent as adults and they could easily be rehabilitated

PARENS PATRIAE “state as parent” – usually the district attorney JJS founded on the belief of parens patriae A legal doctrine in which the state plays the role of the parent The state acting through a juvenile court judge, can act in the role of the parent for the juvenile – when parents are deemed incapable or unwilling to control their children Do whatever was in the “best interest of the child” just as parents should

Juvenile court jurisdiction Authority granted by law to Hear a case State Law referred to as juvenile or family code, determines the jurisdiction of the juvenile court Two Factors: 1. what acts committed does the court have jurisdiction over; 2: What age does an individual have to be Other Case Types with jurisdiction Child abuse Neglect cases TPR/adoption Child custody and child support (Some states separate these matters into family court, probate and child welfare courts)

(ADJC – Arizona Department of Juvenile Corrections) DEFINE: DELINQUENCY Any behavior that is prohibited by juvenile law of a state Juvenile court has jurisdiction over all acts of delinquency Each state defines it differently, but there has to be two categories 1. An act committed by a juvenile that would be defined as a crime if committed by an adult (theft, burglary, assault, robbery, etc.) 2. Status Offenses - an act that would not be a crime if committed by an adult, but an act of delinquency if committed by a juvenile (skipping school, running away, violating curfew, illegal purchase of alcohol, smoking, underage drinking, etc.) ARIZONA DEFINITION (ADJC – Arizona Department of Juvenile Corrections) Most states define status offenders as delinquents. The other states have established categories: This removes the stigma of being juvenile delinquent – these children have special needs TYPES OF STATUS OFFENDERS CHINS or CINS – children in need of supervision PINS – persons in need of supervision JINS - juveniles in need of supervision MINS – minors in need of supervision

Define: juvenile Each state has defined Juvenile Only difference between juvenile and adult is age “an individual who falls within a specified age range and is subject to the jurisdiction of juvenile court” Age is the only difference between a delinquent and criminal Juvenile – certain age Delinquent – certain crime

Maximum age of jurisdiction WHAT IS THE MAXIMUM AGE OF JUVENILE JURISDICTION IN ARIZONA? If a individual is above the maximum age – they are considered an adult and processed in the criminal justice system (a 17 year old who commits a crime is processed in juvenile court, while an 18 year old who commits the same crime is processed in adult court) As you can see, there is no magic age, it is left up to the states discretion; no universal agreed upon age as to when a person stops being a juvenile Every state has a maximum, but not every state has a minimum age

The language of the juvenile justice system One of the goals for separating the two systems, was to take away the stigma so there could be rehabilitation Stigma – criminal attached interfered with rehabilitation So a different set of terms was established

In the courts

THE JUVENILE JUSTICE SYSTEM

Juvenile Arrest and Detention Process https://www.youtube.com/watch?v=xNyCBx0_Dx4

HOW DOES A JUVENILE GET INTO THE FORMAL SYSTEM Law Enforcement – see the juvenile in a delinquent act 1. Refer the Juvenile to Juvenile Intake, Or 2. Refer the Juvenile into Diversion Program, where the juvenile could receive some type of service and be released to the parent 3. If the juvenile is held in custody, the probation or prosecutor must review the allegations and make a decision as to the next step A. Dismiss the case and release to parent B. Handle the matter informally – Consent Decree C. File a Petition for formal intervention

Cases that are Dismissed Usually minor offenses First-time Offenders Not enough evidence to prosecute 44% of all cases referred are dismissed and handled informally Consent Decree – Juvenile agree to certain conditions in exchange for a dismissal Pay restitution – a sanction by which a juvenile pays the victim for the harm done Counseling Community Service – sanction for volunteer work Attend School Obey Curfew If the juvenile does not meet conditions, case referred for formal proceedings

DETAINED OR RELEASED Decide whether to detain or release to community Most are not held prior to adjudication Juveniles are held if: Threat to Community In danger if returned to community, harmed by others Flight risk Questions: 1. Why should there be separate systems for juvenile offenders? – less mature and have not developed the same level of intent as adults and they could easily be rehabilitated

Once an Intake Officer decides to process the juvenile formally The FORMAL PROCESS Once an Intake Officer decides to process the juvenile formally Defined: The system of agencies that is designed to handle juvenile offenders: Prosecutors, Probation Officers, Police, Judges, Lawyers. Because of the recent shootings, some police are located in the schools

CASE IS GIVEN TO PROSECUTOR’S OFFICE 1. PROCECUTOR (Represents the State) Receives and Reviews the Case File a Petition, which states the allegations and ask the courts to adjudicate the juvenile If the prosecutor does not file a petition, the case is dismissed at that time and the juvenile is released Waive to Adult court, juvenile court relinquish jurisdiction to adult court and treated as a criminal in adult court, including the death penalty

IF A PETITION IS FILED 2. AJUDICATION and DISPOSITION Defined: Decision by a juvenile court judge that a juvenile committed the delinquent act This usually has to be done within a tight time limit After a juvenile has been determined delinquent, a juvenile court judge will hold a disposition hearing The most common DISPOSITION is: Probation – allows the juvenile to live in the community as long as he/she abide by certain conditions of probation. For a specific period of time Attend School, Counseling, perform community service, pay victim restitution, etc. If conditions are not met, PROBATION IS REVOKED AND THE CASE REFERRED BACK TO COURT!

CON’T DISPOSITION Residential Placement – Another type of disposition Juvenile is placed outside the home Institution, Camp, Group Home, Residential Treatment May be publically or privately owned Once release – has to serve a period of AFTERCARE Still under supervision May be sent to Criminal Justice System from treatment facility if: 1. Commits a crime while in the facility and has aged out 2. Commits violent offense Most states define status offenders as delinquents. The other states have established categories: This removes the stigma of being juvenile delinquent – these children have special needs TYPES OF STATUS OFFENDERS CHINS or CINS – children in need of supervision PINS – persons in need of supervision JINS - juveniles in need of supervision MINS – minors in need of supervision

PRISON KIDS https://www.youtube.com/watch?v=B8c1LahPSIA

Homework Critical Thinking Exercise – Due 10/5 Module 7