Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Chapter 7: Juveniles in Adult Court

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Outline Children or Adults? How Does Transfer to Adult Court Take Place? –Judicial Waiver –Prosecutorial Discretion –Statutorial Exclusion –Reverse Waiver and Blended Sentencing –Changing Criteria for Waiver –What Goes on in the Transfer or Waiver Hearing? –Waiver to Criminal Court –Evaluation of Waiver

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Outline (cont.) How Does a Youthful Offender System Work? What Is Life Like for a Juvenile Sent to Prison? The Juvenile Death Penalty: Three Decades of Change A Proposed Adult Court for Juveniles

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Objectives To consider the differences in maturity between juveniles and adults To describe and evaluate the policy of transferring juveniles to the adult court To examine the possibility of developing an intermediate correctional system for juveniles To examine the quality of life for a juvenile sentenced to an adult prison To discuss the death penalty for juveniles To evaluate the proposed adult court for juveniles

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Discuss the criteria society has for determining whether youths are children or adults.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Hints (pp. 166–168):  Age  Socioeconomic conditions  Graduation  Right from wrong  Social conscience  Intelligence  Emotionally mature  Reasoning ability

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Identify and discuss different types of waivers for juveniles.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Intake involves the actual decision-making process that begins when the juvenile is brought to intake.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Judicial waiver involves the actual decision- making process that begins when the juvenile is brought to intake. Intake personnel, juvenile judges, or prosecutors make the decision based on age or offense criteria. Most common form of waiver.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Prosecutorial discretion occurs in states with concurrent jurisdiction statutes. These laws give prosecutors the authority to decide whether to try juveniles in juvenile or adult courts.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Statutes exclude certain offenses from juvenile court, thereby automatically transferring perpetrators of those offenses to adult court.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Other variations also exist. One variation is a state legislature lowering the age over which the juvenile court has jurisdiction. Some states automatically require certain crimes to be charged in adult court.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Reverse Waiver and Blended Sentences –Reverse Waiver: Permits youths who are over the maximum age of jurisdiction to be sent back to the juvenile court if the adult court believes the case is more appropriate for juvenile court jurisdiction. –Blended Sentences: Permits the juvenile court judges at the disposition hearing in the delinquency court to impose both an adult and a juvenile sentence concurrently. Typically, if a youth satisfies the juvenile sentence, the adult sentence is waived.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ What four conclusions may be drawn about the use of waiver?

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ The number of waivers has recently decreased. The juveniles waived to adult court often are not the most serious and violent offenders. Little consensus exists today on what the criteria used for waiver ought to be. Waiver generally does not result in more severe penalties than would be received in juvenile court.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Identify some of the factors important in making the waiver to adult court decision.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Hints (pp. 172–173):  Seriousness of offense  Aggressiveness and violence of offense  Offense against person or property  Prosecutive merit  Desirability of trial and disposition in same court as adult accomplices  Maturity of juvenile  Juvenile’s previous record  Protection of public

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ What is a youthful offender system?

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Youthful offender systems are set up by only a few states, but are special facilities developed to keep juveniles out of adult institutions. North Carolina established first youthful offender camps. Colorado, New Mexico, and Minnesota have transitional systems between juvenile and adult systems. Primarily for juveniles years of age Emphasize work readiness, job training, and work experience. Stress continuity of care from program to integration back into the community.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Describe the prison experience for juveniles put in adult prisons.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Hints (pp. 176–178):  Think what it would be like to be a juvenile in an adult institution.  What kinds of pressures would be put on you?  How safe would you be?  What would be the cultural norms in prison?  How effective would staff be in protecting you?

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Juveniles in adult prisons –The Washington state Model: Passed bill in 1997 defining jurisdiction, custody, and management requirements for juvenile offenders. Outlines housing and education requirements for youthful offenders within DOC. –Housing must be separate from adult offenders. –Offender may be housed in an intensive management unit for their safety. –Education program must be provided that allows an offender to obtain a high school diploma or its equivalent.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Discuss current issues in the debate over whether juveniles should receive the death penalty.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Hints (pp. 178–181):  Supreme Court rulings Gregg v. Georgia: Ruled that the death penalty did not violate the Eighth Amendment’s prohibition against cruel and unusual punishment. Stipulated that states had to take into account special characteristics of the offender, such as age and circumstances of the crime. Other cases ruled that mitigating circumstances had to be considered in death penalty cases. Eddings v.Oklahoma: Chronological age of the offender is a relevant mitigating factor.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Thompson v. Oklahoma: Ruled that Eighth and Fourteenth Amendments prohibited the execution of someone under the age of sixteen at the time of their offense. Atkins v. Virginia : The court ruled that mental retardation was a relevant mitigating circumstance. Roper v. Simmons: On March 1, 2005, the Supreme Court ruled that no juveniles who committed their crimes under the age of eighteen could be executed.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ  Conservative positions At the time the Constitution was written, common law allowed for the execution of anyone seven or older. Movements away from the strict wording of the Constitution should only be made when a strong consensus exists and society supports the change. Juries have the ability to weight the affect of mitigating circumstances. Setting an age of 18 is arbitrary. Punishment should fit the crime.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ  Liberal positions It is widely agreed that juveniles under the age of 18 have not fully developed character. Effects of childhood development affect later personality development. Youths either will not or cannot understand the consequences of their actions or the punishments they receive to the same degree as adults. A national consensus has developed against the juvenile death penalty. Juveniles were rarely executed in the first place. The “evolving standards of decency” and the mark of a “civilized society” call for the abolition of the death penalty.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ  Number of juveniles executed Between 1880 and the mid 1920’s, the United States averaged executions per year about 2.3 percent of the total. The peak period for executions was in the 1940’s, when juvenile executions represented 4.1 percent of the total.  Which states are most likely to execute juveniles? Why? Georgia leads all states with juvenile executions at 41 Ohio and North Carolina are tied at states have never executed a juvenile.  Juvenile culpability and maturity

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Should the United States follow international practice and not execute juveniles? Why or why not?

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Hints (pp. 180–181):  Morality of U.S. position  World opinion of U.S.  Number of nations on side of U.S The U.S. was 1 of 2 countries that officially permitted the execution of juveniles.  Right of U.S. to be autonomous

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ What are the arguments for and against a proposed adult court for juveniles?

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ  Barry Feld Abolish juvenile court system Establish rational sentences that differ and are more lenient that adult sentences. Provide juveniles with additional procedural safeguards and provide same due process rights as adults. Proposes providing youths with categorical fractional reductions of adult sentences. The youth discount. Abolishing juvenile court would eliminate need for waiver hearings. States should maintain separate age-segregated youth correctional facilities.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Drawbacks to sending juveniles to adult court –Irene Rosenberg argues that the differences in procedural and constitutional safeguards in not significant enough to abolish the juvenile court system. –If children are tried in the criminal courts, will their immaturity and vulnerability be taken into account adequately in assessing culpability and determining sentencing? –Finally, after the burst of concern for juvenile defendants, would the criminal courts revert back treadmill process of adults and juveniles.