Juvenile Justice system CJ in the USA: Juvenile Justice system Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Upon completion of this Module, the student will be able to: Understand the reasons for separate juvenile court jurisdictions Communicate the treatment juveniles traditionally received in the corrections system Identify cases that have significantly affected juvenile rights Explain status offenses Explore the facts about gangs in the 21st century Describe juvenile corrections options Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Copyright 2011 Curriculum Technology, LLC. All Rights Reserved. Introduction We have separate juvenile systems to handle offenders who are considered minors U.S. Department Office of Juvenile Justice and Delinquency Prevention Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Juvenile Legal Process Separate system of corrections and adjudication for juveniles Police function is often the same as adult system Larger departments have a juvenile division or unit Prosecutor offices have separate unit for juvenile offenders Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Copyright 2011 Curriculum Technology, LLC. All Rights Reserved. Juvenile Courts Juvenile courts have jurisdiction over persons younger than 18, or in some cases age 16 or 17 Juvenile cases are considered civil, not criminal, matters Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Copyright 2011 Curriculum Technology, LLC. All Rights Reserved. Juvenile Courts Post-offense, an intake hearing determines what actions should be taken Remand youth to parental custody Remand youth to parental custody with provisions Divert youth to dispute resolution Refer youth to prosecutor for further action Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Juvenile Standard of Proof Juvenile court procedure “Preponderance of the evidence” Evidence indicates the juvenile more likely than not committed the offense If the juvenile is incarcerated, then “beyond a reasonable doubt” is imposed Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Juvenile Standard of Proof Dispositions Equivalent to an adult sentence Available dispositions include: Nominal – verbal warnings or reprimands Conditional – juvenile probation, community service, counseling Custodial – non-secure or secure juvenile facility Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Juvenile Standard of Proof When a juvenile commits a serious crime Prosecutor can ask juvenile court to waive jurisdiction and transfer to adult court Factors include: Age and maturity Seriousness of offense Availability of appropriate resources Danger posed by releasing offender upon adulthood Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Copyright 2011 Curriculum Technology, LLC. All Rights Reserved. Rights of Juveniles Juveniles are entitled to due process rights Parens Patriae doctrine allows state to take quasi- parental role Important Court Cases 1960s cases expanded the rights of juveniles Kent v. United States (1966) In re Gault (1967) McKeiver v. Pennsylvania (1971) Breed v. Jones (1975) Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Copyright 2011 Curriculum Technology, LLC. All Rights Reserved. Rights of Juveniles Expanding juvenile rights has had both positive and negative effects, including: Juveniles have many of the same Constitutional rights as their adult counterparts More explicit sentencing guidelines Fewer individualized rehabilitative treatments Greater likelihood of acquiring a juvenile record Greater likelihood of being transferred to adult criminal court Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Copyright 2011 Curriculum Technology, LLC. All Rights Reserved. Status Offenses Traditional status offenses Chronic truancy Running away Incorrigibility Curfew violations Possession of alcohol and tobacco Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Copyright 2011 Curriculum Technology, LLC. All Rights Reserved. Gangs Youth gangs have become increasingly visible over the past few decades Normally organized along ethnic and racial lines In response to increased gang violence, police treat offenders more like adults when serious crimes are committed Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Youth Gangs: Myths and Facts Gangs consist of violent males Most gangs are African-American or Hispanic only Gangs deal heavily in drugs There is nothing good about being a gang member Facts Many gangs are not violent; increase in number of female gangs There are Asian, Caucasian, and other ethnicities in gangs Some gangs deal in drugs, while others do not Gangs provide a sense of family/support to members Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Copyright 2011 Curriculum Technology, LLC. All Rights Reserved. Juvenile Corrections Goals of juvenile corrections include: Deterrence Rehabilitation and reintegration Prevention Punishment and retribution Isolation and control Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Copyright 2011 Curriculum Technology, LLC. All Rights Reserved. Juvenile Corrections Juvenile corrections methods designed to achieve these goals include: Non-secure detention or probation Secure detention Foster homes Group homes and halfway houses Camps, ranches, wilderness projects Shock probation Boot camps Parole Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
Copyright 2011 Curriculum Technology, LLC. All Rights Reserved. Summary Juveniles have a separate correction system based on their needs. A juvenile offense is a civil case and the offender is considered a delinquent rather than a criminal. Juvenile court has a different standard of proof – preponderance of the evidence. Juvenile gangs remain a problem. Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.