Juvenile Justice Introduction

Problems with Juvenile Justice... Are kids able to be "bad"? At what age do kids understand the difference between right and wrong? Should kids be treated the same as adults when it comes to the criminal justice system in this country?

History of Juvenile Justice: The World As a concept, juvenile justice is a new idea By about the 16th and 17th centuries, countries started treating juveniles differently in the CJ system Why? - Because kids are moldable and shapeable, and can be reformed easier than adults

History of Juvenile Justice: United States Colonial Period - Family was the central mechanism that controlled children. If a child misbehaved, parents did one of two things: 1. Sent them to an apprentice program to learn a trade. 2. Children were "binded out"; sent to work for someone else. Religion was also a powerful force

Industrial America As factories replaced farms, family dynamics changed. Children were less supervised, and worked alongside of adults in factories. Criminal behavior in children became a major issue...

History of Juvenile Justice: Early Response to Juvenile Crime Houses of Refuge - Places where juveniles were placed to learn morals, hard work and discipline. - Kids stayed until 18th or 21st birthday - Houses were paid for the work their children did. - "Placing Out“ - Trouble children were removed from their family, and "placed" with a family living in the west or south.

Belief was it would help the child by: - Removing them from their "bad" parents - Rural areas are better than cities - Would learn hard work on a farm. Place offenders on Probation

Reform/Industrial and Training Schools - State govt's created these to deal with problem children. - Kids were forced to move there and work. - Strict supervision - Located in rural areas to avoid corruption of city

Juvenile Court System Handling Juvenile Offenders: Informal and Formal Process: - Society deals with juveniles in two different ways: formally and informally - Informally - Outside of criminal justice system. - Formally - Inside CJ system

Informal Handling of Juveniles Most people deal with illegal juvenile behaviors through an informal process. - Parents, neighbors, teachers, store owners all develop special ways to deal with problem juveniles outside of legal system. - But where do you draw the line b/w informal and formal involvement????

Scenarios 1. Billy, 10 years old, is caught stealing three Hershey Bars from Sheetz. What should be done with him? 2. Sam, 14 years old, is caught by his neighbor smashing his mailbox. How should the neighbor handle this situation with Sam? 3. Two girls, Kelly and Tonya, both 15 years old, get into a fight at school. Tonya broke Kelly's nose and knocked out two teeth in the fight. How should the school handle this situation? 4. Frank, age 16, is caught by his uncle with marijuana. How should his uncle handle the situation?

Formal Juvenile Justice Process: The Police Police are the gatekeepers when it comes to juvenile justice. Decide whether or not to send the offender through the court system or not. Example: 92% of juveniles violating liquor laws referred to courts. 10-40% of status offenses sent to juvenile courts. Crimes that only minors can commit

Formal Juvenile Justice Process: The Police Actions Police usually take w/ juveniles: 1. Warn & release 2. Refer to parents 3. Refer to diversion program 4. Refer to court

Factors Police take into consideration w/ juveniles 1. Offense Seriousness 2. Police Organization 3. Community 4. Wishes of the Complainant 5. Demeanor of the Youth 6. Gender, race and social class of offender

Formal Juvenile Justice Process: The Police Arrest and Processing of Juveniles: Arrest differences b/w adults 1. Can be arrested for a wider range of behaviors. 2. Given Miranda warnings in presence of parent or guardian. 3. Can be placed in detention before trial (no bail). Special Process Circumstances: Police notification of parents; only release from jail/detention under parents custody. Juvenile trial processes are expedited if detained