Juvenile Justice, Probation, & Parole Chapter 13 Juvenile Justice, Probation, & Parole

Introduction Although the rate of juvenile crime has declined, juvenile arrests account for 17% of all violent crimes & 26% of all property crimes each year in the U.S. Based on the concept of parens patriae, the juvenile justice system seeks to do what is best for the welfare and safety of each juvenile’s situation On the other hand, the theory of just deserts advocates accountability for youth offenders.

Juvenile & Adult Systems Compared Despite the growing similarity between juvenile & adult criminal proceedings, some differences persist: The juvenile court judge takes a more active role than judges in adult courts Juvenile judges & intake officers have more discretion than with adults to dismiss or divert a case, or choose from an array of graduated sanctions Punishment is less severe in the juvenile system

Differences in Systems Despite the differences, in many respects the differences between the 2 systems are more terminological than substantive The terms have minimal impact on the process because the procedures are similar regardless of the language used For example, sentencing and disposition both subject the offender to lawfully prescribed sanctions, including incarceration

Jurisdiction of Juvenile Courts The jurisdiction of juvenile courts varies from state to state and is based on: Age: most states have a youngest age of 10 and an oldest age of 17 years at the time the act was committed Acts committed: are based on 2 types: Juvenile delinquency: acts punishable under the state’s penal code Conduct in need of supervision (CINS): acts that would not be punishable if committed by adults Juveniles as victims: of abuse or neglect

Delinquency & gender differences

Waiver to Adult Court All states provide the means for the transfer of jurisdiction from juvenile to adult courts by 1 of the following ways: Judicial Waiver: the juvenile judge has the authority to transfer the case Concurrent Jurisdiction (prosecutorial waiver): jurisdiction is shared by both courts & discretion lies with the prosecutor to file in either court Statutory exclusion: the state legislature excludes certain juvenile offenders from juvenile court jurisdiction, requiring they be directly filed in adult criminal courts

Waiver to Adult Court, cont’d Once transferred, the juvenile becomes an adult for purposes of the trial & sentence In theory, the transfer decision rests on: Severity of the offense Prior juvenile record Responses juvenile had to prior juvenile supervision & treatment Future danger to the community

Overview of the Juvenile Justice Process Procedure before Adjudication Juvenile behavior is brought to the attention of the government by diverse sources Juvenile cases can be handled formally or informally The Intake Stage: a probation officer screens the juvenile to determine how the case should proceed: A warning is sufficient An outside referral to social service agency or drug court Diversion The case should move toward adjudication in the juvenile system The case is serious enough to consider a waiver to adult court

Overview of Juvenile Justice Process, cont’d A delinquency petition is filed if the case is handled formally Juvenile diversion is similar to diversion in the adult system & includes a period of supervision under certain conditions Intake may also include crisis intervention & screening for detention A juvenile may be detained by the police for up to 24 hours Detained juveniles must be separated from adults by “sight & sound” per federal law

Juvenile Justice Process Adjudication: the equivalent of a trial in adult court Proceedings are less formal than adult court, the judge is more active, juveniles do not have the right to a jury trial or to bail In re Gault (1967): the leading due process case in juvenile justice The U.S. Supreme Court said that “neither the Fourteenth Amendment nor the Bill of Rights is for adults alone” In re Gault was the first case decided by the U.S. Supreme Court that gave juveniles due process rights, but it was also the beginning of the decline of the pure parens patriae approach

Case Flow of delinquency cases after arrest

In re Gault’s Due Process Rights Juveniles must be given 4 basic due process rights in adjudication hearings that can result in confinement in an institution: Reasonable notice of the charges Counsel, appointed by the state if the juvenile is indigent The ability to confront & cross-examine witnesses The privilege against self-incrimination

Case Outcomes of adjudicated vs Case Outcomes of adjudicated vs. non- adjudicated cases in juvenile court, 2007

Youth Courts Youth courts are conducted by youth who act as jurors to judge youthful offenders who have committed less serious delinquent acts & do not have prior records Youth courts can be tied to juvenile courts, or sponsored by a school or private community agency Such courts are examples of restorative justice The effectiveness of youth courts is unclear

Disposition Stage Disposition: the equivalent of sentencing in adult court Blended sentences: state laws that allow juvenile judges to impose both juvenile & adult correctional sanctions In some states, the sentence starts in the juvenile system but when the offender reaches adulthood, the case is transferred to the adult system In other states, the adult sanction is suspended unless the juvenile violates the juvenile sanction Blended sentences are a “middle ground” between traditional juvenile & adult sanctions 21 states currently have some form of blended sentencing laws

Residential Placement for Juveniles For more serious crimes, some states have determinate sentencing laws that require a minimum number of years confined in a secure institution About 25% of adjudicated youth are sent to residential placement, ranging from very secure facilities that youth cannot leave to facilities that are not secure Group homes are the least restrictive residential placement The trend is toward decreasing the percentage of youth sent to large secure institutions & using smaller community-based facilities & other community alternatives

Juvenile Probation Probation is the disposition most often used by judges when formally adjudicating juvenile delinquency cases Formal probation occurs after a hearing when the judge finds a youth has committed a delinquent act Informal probation occurs when a youth volunteers to be placed on probation prior to adjudication Over the last 2 decades, the number of formal probation cases has increased & informal probation cases have decreased

Conditions of Probation Juvenile judges have considerable discretion when imposing probation conditions Conditions include those designed both to control & rehabilitate the juvenile, & can be both mandatory & discretionary Changing attitudes & behaviors is difficult & painstaking. The change process is the essence of juvenile probation. Jacobs (1990) calls juvenile probation officers modern day “superheroes” & praises their creativity & sacrifice

ISP & School Based Probation Intensive Supervision Probation (ISP): intensive surveillance & contact designed for serious & chronic offenders who would otherwise be committed to a correctional facility School-based probation places probation officers in schools, with access to a lot of information traditional officers would not have access to Benefits of school-based probation are: more contact, direct observation, increased school success, & reduced misbehavior at school

Legal Issues in Juvenile Probation In Fare v. Michael C. (1985), the Supreme Court determined that: Asking to speak with a juvenile probation officer after receiving Miranda warnings, is not equivalent to asking for a lawyer & is not an assertion of the right to remain silent Communications between a juvenile & his probation officer are not privileged A probation officer’s loyalty is to the state, not the probationer

Significant Legal Cases Kent v. United States, 383 U.S. 541 (1966): Juveniles must be given due process rights when transferred from juvenile to adult court In re Winship, 397 U.S. 358 (1970): Proof beyond a reasonable doubt, not simply a preponderance of the evidence, is required in juvenile adjudication hearings in cases where the act would have been a crime if committed by an adult Breed v. Jones, 421 U.S. 517 (1975): Juveniles are entitled to the constitutional right against double jeopardy in juvenile proceedings

Significant Legal Cases, Cont’d. Schall v. Martin , 467 U.S. 253 (1984): Preventive detention of juveniles is constitutional New Jersey v. T.L.O, 469 U.S. 325 (1985): Public school officials need reasonable grounds to search students; they do not need a warrant or probable cause McKeiver v. Pennsylvania, 403 U.S. 528 (1971): Juveniles have no constitutional right to trial by jury even in juvenile delinquency cases where the juvenile faces possible incarceration

Significant Legal Cases, Cont’d. Roper v. Simmons, 543 U.S. 551 (2005): It is unconstitutional to execute juveniles who committed their crime before the age of 18 Graham v. Florida, 560 U.S. ____ (2010): Juveniles may not be sentenced to life without parole for a non- homicide offense because the punishment is cruel & unusual

Juvenile Parole/Aftercare Juveniles released from state institutions are released to aftercare, which is equivalent to parole The release decision is left to the discretion of institutional officials, except in the 5 states that have juvenile parole boards The federal Chafee Foster Care Independence Act provides monetary assistance to states to develop programs & provide vouchers to former foster care youth between 16 and 21

Juvenile Parole Officers Juvenile parole officers have similar duties as adult officers: Conduct predispositional & other investigations as directed Prepares written reports & recommendations to the court or parole board Supervise juveniles on parole Take juveniles in custody who violate parole & prepare information for court or parole board Coordinate with court, law enforcement, service providers, family in making dispositional decisions Provide family-centered intervention Coordinate suitable out-of-home care when required Manage cases to ensure plans are carried out & deadlines met

Revocation of Probation or Parole The revocation rate for delinquent youths is high: between one-third up to one-half will commit a new offense on supervision, & more will be revoked for technical violations The revocation process works the same way as for adults Revocation can result in the juvenile probationer or parolee going to an institution for juveniles

Juvenile Records Generally, juvenile records are available to licensing agencies, employers, & educational institutions upon request & under certain circumstances The fact that a juvenile is on probation is a matter of public record in most states but the details are confidential Some states impose restricted access when the individual turns 21, except for certain violent crimes & waivers to adult court Confidentiality of juvenile records is not a constitutional right & may be lifted by state law Confidentiality has been diminished over the years

Future of Juvenile Justice The juvenile justice system is over 100 years old, & in that time, it has undergone a huge transformation into the system we have today While the future of the juvenile court as a separate entity from the adult system is still debated, the juvenile system we have today seems to be more balanced with elements of both rehabilitation & punishment. Evidence-based practices will contribute to a more successful system

Transferring Juveniles to the Adult System According to the Campaign for Youth Justice in Washington, D.C., ten states have made it more difficult to transfer youths to adult courts, marking a recent trend to keep juvenile offenders out of the adult correctional system. http://www.usatoday.com/news/nation/2011-03-12- juvenileWEB1_ST_N.htm#

Transferring Juveniles to the Adult System The Office of Juvenile Justice & Delinquency Prevention reported in 2010 that the research shows there is a higher recidivism rate among offenders who have been transferred to the adult criminal justice system, compared to those kept in the juvenile justice system. https://www.ncjrs.gov/pdffiles1/ojjdp/2205 95.pdf

Transferring Juveniles to the Adult System According to that same report, experts have identified possible reasons for the higher recidivism rates of violent juvenile offenders tried in criminal courts: Being stigmatized & other negative effects of labeling juveniles as convicted felons A sense of resentment & injustice that juveniles feel about being tried as adults Learning criminal values & behavior while incarcerated with adult offenders A decreased focus on rehabilitation & family support that exists in the adult system