Juvenile Justice in America

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Presentation transcript:

Juvenile Justice in America SOC 106 Part 13-1:Juvenile Justice Procedures

Juvenile court - adult court: criminal - juvenile court: civil a. Civil proceedings - parent patriae - not stigmatize (1) Representation - defense counsel - no jury trial - all other rights

(a) Jury trials - some states allow - not peers (b) 1988: 17 states - civil trials - adversarial (c) Prosecution vs. defense - prove guilt (2) Courts of record

- left to state law - keep records or not - Washington state keeps (a) Transcripts - all proceedings (b) Right to appeal - court decisions (c) Proof beyond - same as adults

(d) Preponderance - child at risk (3) Range of penalties - varies - transfer to adult court (a) Jurisdiction - age 18 - probation: age 21 (b) No death penalty

(c) Local time - held in detention (d) State time - held in state institution (4) Type of court - autonomous/ coordinated/ designated (a) Autonomous - separate court - juvenile matters

(b) Coordinated - family / domestic court - youth / divorce / adoption / etc (c) Designated - under adult court - judge appointed b. Washington juvenile court - designated - superior court - all counties

(1) Superior court judge - full-time / part-time - commissioner - Judge Godfrey (a) More rehabilitative in nature - keep at home - less restrictive means (b) Belief of judge - probation officer input - own decision

(2) Prosecutor assigned - punishment oriented - desire of society - pay for crime Seven philosophies - manage juvenile offenders - different models - deal with young offenders a. Medical Model - incarceration ineffective

- subject to treatment - family / group therapy - psychological treatment - prescribed diet b. Rehabilitation Model - confinement ineffective - overcome social / psychological handicaps - educational remedies - social remedies - early intervention - aligned with medical model

c. Community Reintegration Model - alienated from community - estranged from society - keep in community - youth activity / school / community service d. Prevention / Control Model - repress delinquency - before opportunity - intervention strategy - at-risk-youth - residential placement

(1) Alternate placement - reduce delinquency (2) Boot camps / wilderness camps - second chance facilities e. “Just Desserts” Model - hold accountable - rehabilitation / treatment: secondary (1) Judges - inclined to probation

(2) Conditions - community service - restitution / group therapy - abuse programs (3) Methods not effective f. Reality Therapy Model - equivalent: shock probation - jail / prison - real life behind bars - face conditions

g. Justice Model - “due process” - system safeguards - rehabilitation / voluntary - away from “informal”