CJ © 2011 Cengage Learning Chapter 15 The Juvenile Justice System

© 2011 Cengage Learning Learning Outcomes LO1: Describe the child-saving movement and its relationship to the doctrine of parens patriae. LO2: List the four major differences between juvenile courts and adult courts. LO3: Describe the four primary stages of the pretrial juvenile justice procedure. LO4: Explain the distinction between an adjudicatory hearing and a disposition hearing. LO5: Describe the one variable that always correlates with highly juvenile crime rates.

1 LO © 2011 Cengage Learning Describe the child- saving movement and its relationship to the doctrine of parens patriae.

© 2011 Cengage Learning Learning Outcome 1 parens patriae: The state not only has a right but also a duty to care for children who are neglected, delinquent, or in some other way disadvantaged.

© 2011 Cengage Learning Learning Outcome 1 Child Savers: Illinois Juvenile Court Act (1899) – First court created specifically for juveniles guided by parens patriae.

2 LO © 2011 Cengage Learning List the four major differences between juvenile courts and adult courts.

© 2011 Cengage Learning Learning Outcome 2 No juries Different terminology No adversarial relationship Confidentiality

© 2011 Cengage Learning Learning Outcome 2 Status Offenses An act that is considered grounds for apprehension and state custody. Smoking, drinking, truancy, disobeying teachers, running away from home, violating curfew, sexual activity, profane language.

© 2011 Cengage Learning Learning Outcome 2 Juvenile delinquency Conduct that would be criminal if conducted by an adult.

© 2011 Cengage Learning Learning Outcome 2 Constitutional Protections and the Juvenile Court: Kent v. United States (1966) In re Gault (1967) In re Winship (1970) Breed v. Jones (1975) McKeiver v. Pennsylvania (1971)

© 2011 Cengage Learning Learning Outcome 2 The Supreme Court decisions from move the juvenile justice system away from parens patriae and towards a more formalized system.

© 2011 Cengage Learning Learning Outcome 2 Determining Delinquency Age Culpability

© 2011 Cengage Learning

3 LO © 2011 Cengage Learning Describe the four primary stages of pretrial juvenile justice procedure.

© 2011 Cengage Learning Learning Outcome 3 The four primary pretrial stages are: Intake Pretrial diversion Waiver to adult court Detention

© 2011 Cengage Learning Learning Outcome 3 The intake officer has a number of options: Dismiss the case Divert the offender File a petition Transfer the case to adult court

© 2011 Cengage Learning Learning Outcome 3 Categories of pretrial diversion: Probation Treatment and aid Diversion

© 2011 Cengage Learning Learning Outcome 3 Methods of transfer to adult court: Judicial waiver Automatic transfer Prosecutorial waiver

© 2011 Cengage Learning CAREERPREP Juvenile Detention Officer Job Description: Oversee the detention of juvenile offenders being held in temporary custody before the adjudicatory process begins. Observe the behavior of and, when necessary, counsel the juvenile offenders to ensure their safety during the detention period. Maintain personal relationships with the juvenile offenders so as to supervise their progress in educational, recreational, and therapeutic activities while housed at the detention center. What Kind of Training Is Required? A high school diploma plus at least three years of work experience involving children of school age (seven to seventeen years) or one year of college education for each year of experience lacking. Physical agility and strength, as well as a firm manner in dealing with juveniles who may present severe disciplinary problems. Annual Salary Range? $23,300–$33,700 For additional information, visit:

© 2011 Cengage Learning Learning Outcome 3 Detention: Justifications for detention: – The child poses a danger to the community – The child return for adjudication process – Detention will provide protection for the child Schall v. Martin (1985) – Supreme Court upheld preventive detention

4 LO © 2011 Cengage Learning Explain the distinction between an adjudicatory hearing and a disposition hearing.

© 2011 Cengage Learning Learning Outcome 4 Adjudicatory hearing: Goal – providing the respondent with “the essentials of due process and fair treatment.” Respondent has right to notice of charges, counsel, confrontation, cross- examination, and protection from self- incrimination.

© 2011 Cengage Learning Learning Outcome 4 Disposition hearing: Follows the adjudicatory hearing Judge decides what steps will be taken toward treatment or punishment

© 2011 Cengage Learning Learning Outcome 4 Sentencing Juveniles: The needs of the child Predisposition report Judicial discretion

© 2011 Cengage Learning Learning Outcome 4 Juvenile corrections is based on the concept of graduated sanctions: Probation (the most common sanction) Non-secure confinement Secure confinement Aftercare

© 2011 Cengage Learning Learning Outcome 4 Non-secure confinement: Foster care Group homes Family group homes Rural programs

© 2011 Cengage Learning Learning Outcome 4 Secure Confinement: Boot camps Training schools Aftercare: Focused on reentry

© 2011 Cengage Learning CAREERPREP Youth Worker Job Description: Provide safety, security, custodial care, discipline, and guidance for youths held in juvenile correctional facilities. Play a critical role in the rehabilitation of youthful offenders and, as a result, have a potentially great impact on their success during and after incarceration. What Kind of Training Is Required? A bachelor’s degree in human services, behavioral science, or a related field. Professional and respectful communication skills and a commitment and dedication to the needs of adolescent offenders and their families. Annual Salary Range? $33,000–$52,000 For additional information, visit:

© 2011 Cengage Learning Mastering Concepts The Juvenile Justice System versus the Criminal Justice System

© 2011 Cengage Learning Learning Outcome 4 Juveniles are responsible for: 10 percent of all murders 13 percent of all aggravated assaults 15 percent of all forcible rapes 23 percent of all weapons arrests 27 percent of all robberies 26 percent of all property crimes 11 percent of all drug offenses

© 2011 Cengage Learning Source: Office of Juvenile Justice and Delinquency Prevention, Statistical Briefing Book, at

© 2011 Cengage Learning Learning Outcome 4 Reasons for the decline in juvenile arrest rates: Decline of crack cocaine The increase of police action against “quality-of-life” crimes “zero-tolerance” policies

© 2011 Cengage Learning Learning Outcome 4 School Violence: Juveniles are 50x more likely to be murdered away from school Schools are safer today than they have been in the past 85% of schools control access during the school day

5 LO © 2011 Cengage Learning Describe the one variable that always correlates highly with juvenile crime rates.

© 2011 Cengage Learning Learning Outcome 5 Risk factors for juvenile offending: Age Substance abuse Child abuse and neglect Gangs Guns