CJA/204: Introduction to Criminal Justice Week 5 Presentation

Criminal Law And Juveniles The Intersection of Youth and Criminal Justice

Juvenile Court Jurisdiction

Delinquency A delinquent child is the same as an adult who has been convicted of a crime Instead of using the word criminal the word delinquent is used Similarly, instead of a criminal trial a delinquency hearing is initiated NOTE: Those under the age of 18 who are charged as adults face the adult criminal justice system (i.e. criminal trial and not a delinquency proceeding)

Status Offenses A specific type of offense that only a juvenile can commit. Some are criminal in nature and can result in delinquency I.e. minor in possession of cigarettes, pornography, etc. Some are non-criminal in nature and in some states (like Arizona) result not in delinquency but incorrigibility I.e. running away from home, being truant from school Non-criminal penalties are imposed and no criminal record is created

Four Major Differences between Juvenile and Adult Courts

Initiation of proceedings Adults face criminal complaints that require a probable cause determination Juveniles face petitions of delinquency that offer require lower burdens of proof Adults face proceedings that are open to the public Juveniles face proceeds that may be closed to the public

HEARINGS vs. TRIALS Adults facing criminal charges are entitled to a trial This gives them many procedural and substantive rights such as Right to a jury Rights of criminal procedure Also, rights against unreasonable searches and seizures as well as assumption of innocence until proven guilty Juveniles facing criminal charges are NOT entitled to a trial but a hearing No right to a jury More limited rules of procedure Limited rights against unreasonable searches and seizures No right to “innocent until proven guilty” … focus is on best interests of child

GUILT vs. Delinquent If convicted adults are found guilty Criminal convictions are public record Determination of knowledge and some intent to commit crime If convicted juveniles are found to be delinquent Delinquency determinations are rarely public record There is no finding of an intent to commit a crime but instead only that the juvenile was competent

Sentence vs. disposition The difference is DISCRETION, DISCRETION, DISCRETION! Adults convicted of crimes face a sentence by a judge Judges have little discretion in sentencing adults due to sentencing laws that limit the choices available to judges Juveniles found to be delinquent face a disposition Judges have a tremendous amount of discretion Sentences to juvenile detention centers are rarely mandatory Juvenile detention centers are quite different than prisons All sentences focus very much on rehabilitation and treating the juvenile and not on punishment

Variables that Correlate with Juvenile Crime Rates

Drug and Alcohol Abuse This is the fastest growing category of juveniles offenders Consider this: Why is this the fastest growing category? Why does it correlate with greater juvenile crime rates?

SOCIOECONOMIC STATUS Juveniles in economically depressed areas are found delinquent at higher rates This corresponds with the other variables: Lower rates of two parent homes Lower quality educational opportunities through the public school system Lower rates of upward mobility Higher college drop out rates

What do you notice about these variables? They are the exact same variables that correlate with adult crime rates Consider this: If the variables that correlate with juvenile crime rates correspond with the variables that correlate with adult crime rates, what does that tell us about what needs to be done to combat crime?