Chapter Fifteen Juvenile Justice

Learning Objectives Recognize the nature and purpose of the juvenile justice system Describe the history and development of juvenile justice Discuss the child savers and their vision of juvenile justice Describe the beginnings of the independent juvenile court State the changes in juvenile justice that began in the 1960s and continue today

Learning Objectives Discuss police processing of juvenile offenders Discuss the detention of juveniles Recite the problems and legal issues surrounding the waiver decision Describe the juvenile trial and sentencing process Explain the efforts to treat troubled kids in the juvenile justice system

The History of Juvenile Justice Originally based on the parens patriae philosophy The modern practice of legally separating adult and juvenile offenders Traces back to the development of Elizabethan-era poor laws and the creation of the English chancery court Poor laws and chancery courts were brought from England to colonial America Learning Objective 1

The History of Juvenile Justice Almshouses, Poorhouses, and Workhouses Local jurisdictions developed these to accommodate dependent youths The child savers Influenced state and local governments to create independent correctional institutions to house minors Learning Objective 3 This nineteenth century photo shows indigent boys sleeping on the front door landing of an abandoned tenement building in New York City. The child savers were concerned that if left alone, children such as these would enter a life of crime. Critics, however, accused the child savers of class and race discrimination and thought they sought to maintain control over the political system.

The History of Juvenile Justice Reform schools Aimed at punishment and based on the concept of reform through hard work and discipline Learning Objective 4

The History of Juvenile Justice The Supreme Court radically altered the juvenile justice system when it issued a series of decisions that established the right of juveniles to receive due process of law Juvenile Justice 1980-2000 Public concern Shift to crime control and punishment Learning Objectives 4 & 5

Thinking Point Juvenile Justice Do you advocate the shift to a crime control model that occurred in the juvenile justice system after the 1980s? Why or why not? How does this positively or negatively impact juveniles?

The History of Juvenile Justice Juvenile Justice Today The juvenile justice system has jurisdiction over delinquents and status offenders Maximum ages Exclusion of certain types of offenders More than 450 juvenile drug courts The juvenile justice system is responsible for processing and treating almost 2 million cases of youthful misbehavior annually Learning Objective 5

Similarities and Differences Between Juveniles and Adult Justice Systems Learning Objective 5

Similarities and Differences Between Juveniles and Adult Justice Systems Learning Objective 5

Chart of Juvenile Justice Case Flow Learning Objective 5

Police Processing of the Juvenile Offender Police officers arrest about 1.3 million juveniles each year Most states do not have specific statutory provisions distinguishing the arrest process for children from that for adults Police also engage in delinquency prevention efforts Learning Objective 6

Police Processing of the Juvenile Offender Use of discretion is based on: Type and seriousness of the child’s offense Ability of the parents to be of assistance in disciplining the child Child’s past contacts with police Degree of cooperation obtained from the child and parents and their demeanor, attitude, and personal characteristics Whether the child denies the allegations in the petition and insists on a court hearing Learning Objective 6

Thinking Point One of the troubling concerns of discretion is whether race plays a role in decision making, and if it does, how that impacts the entire system of juvenile justice. Suggest one strategy to reduce minority overrepresentation in the juvenile justice system. Learning Objective 6

Police Processing of the Juvenile Offender Legal Rights of Juveniles in Custody Same Fourth Amendment rights as adults Generally afforded more protection than adults Legal Rights in the School Setting School resource officers Searching for drugs as per New Jersey v. T.L.O. Learning Objective 6

Police Processing of the Juvenile Offender Limiting Drug Searches Safford Unified School District v. Redding Learning Objective 6

The Juvenile Court Process The Intake Process Review and screening The Detention Process There has been an ongoing effort to reform detention Juvenile Justice Act of 1974 Legal issues The most important reform has been the successful effort to remove status offenders from lockups containing delinquents Learning Objective 7

The Juvenile Court Process Bail Parents considered an acceptable substitute to money bail Plea Bargaining Before trial, prosecutors in the juvenile courts may attempt to negotiate a settlement to the case Learning Objectives Nine

The Juvenile Court Process Waiver of jurisdiction A practice in which the juvenile court waives its jurisdiction over a juvenile and transfer the case to adult criminal court for trial In some states, a waiver hearing is held to determine jurisdiction Types of waivers of jurisdiction Direct file waiver Excluded offense waiver Judicial waiver Reverse waiver Blended sentencing laws Learning Objective 8

The Juvenile Court Process Waiver does not seem to influence crime or recidivism rates One reason may be that juveniles whose cases are waived to criminal court are sentenced more leniently than they would have been in juvenile court Although some youths transferred to adult court never spend a day in an adult prison, some become enmeshed in the daily life of an adult correctional facility Learning Objective 8

The Juvenile Court Process Risks faced by juveniles in adult court include: Sexual assault Suicide Damage to communities and public safety Learning Objective 8

Thinking Point Juveniles and Adult Court Given the potentially negative impacts of transfer to adult court of juveniles, do you advocate transfer for most juveniles? In which circumstances would this be acceptable? Learning Objective 8

The Juvenile Court Process Should Youths be Transferred to Adult Court? Is waiver effective? Death penalty and life in prison Learning Objective 8 In 1991, gang members instructed 13-year-old Ian Manuel to commit a robbery during which he shot Debbie Baigrie in the face and got a life sentence for attempted murder. Manuel’s attorney told him to plead guilty in exchange for a 15-year prison sentence. Manuel accepted responsibility and pleaded guilty but was sentenced to life imprisonment without possibility of parole. His lawyer never appealed or withdrew the plea. Manuel was sent to prison, where he was so small no prison uniform fit him. He spent years in solitary confinement and repeatedly attempted suicide. When the Supreme Court in 2012 ruled that juveniles can’t be given life sentences, Manuel’s life sentence was vacated by the Florida courts.

Thinking Point Death Penalty and Juveniles Would you advocate the use of the death penalty for a juvenile? Under what circumstances?

The Juvenile Court Process Adjudication Initial appearance Similar to arraignment in the adult system Trial Court hears evidence on the allegations Significance of In re Gault Disposition and Treatment Suspended judgment Probation Placement in a community treatment program Commitment Learning Objective 9

The Juvenile Court Process There has been an ongoing effort for almost 30 years to deinstitutionalize status offenders (DSO) Juvenile Sentencing Reform Least intrusive measures Remove status offenders Standardize juvenile dispositions Learning Objective 9

The Juvenile Correctional Process Probation Most common formal sentence Special rules Alternative sanctions Intensive Supervision Decarceration Control Community ties/reintegration Mixed results Learning Objective 9

The Juvenile Correctional Process Institutionalization State statutes vary when determining the length of the child’s commitment The number of youths held in some form of incarceration has declined since 2000 Deinstitutionalizing status offenders Learning Objective 9

The Juvenile Correctional Process Aftercare is the final stage of the formal juvenile justice process Supervision and support Intensive Aftercare Program (IAP) Preparing youths for responsibility Facilitating youth-community interaction Working with the offender and the community Developing new resources/support Monitoring Learning Objective 10

The Juvenile Correctional Process Preventing Delinquency Intervening in young people’s lives before they engage in delinquency in the first place YMCA, YWCA, Boys and Girls Club Learning Objective 10 Portland, Oregon, police officer Kristine Butcher congratulates a fifth-grader for his outstanding participation in the Gang Resistance Education and Training (G.R.E.A.T.) program at Alder Elementary School. The G.R.E.A.T. program is a school-based, law enforcement officer-instructed classroom curriculum. With prevention as its primary objective, the program is intended as an immunization against delinquency, youth violence, and gang membership.

Thinking Point From your perspective: How important is a preventive approach (as opposed to a reactionary approach) in the juvenile justice system? Why is this important? Should it be more or less important in the juvenile system than the adult system? Defend your position. Learning Objective 10

The Future of Juvenile Justice Ongoing effort to modify the juvenile justice system Public’s fear of predatory juvenile offenders Reaction to high profile cases Learning Objective10