Juvenile Justice Chapter 17

Philosophic basis for juvenile courts in America at the turn of the century It meant that the state was to act on behalf of the parent in the interests of the child Beginning in the 1960s, the emphasis began to focus on a due process approach for juveniles Parens Patriae

The juvenile court is primarily a treatment agency The juvenile court should focus on punishment and discipline of the serious juvenile offender Due process should be followed by juvenile courts Balanced and restorative justice model that calls for accountability, program development and community protection Four Approaches to Juvenile Justice Systems

Wealthy, civic-minded citizens attempted to alleviate the burdens of the unfortunate urban classes and immigrants through sponsoring shelter care for youths, educational and social activities and the development of settlement houses Child-Saving Movement

Housed what would be called status offenders as well as delinquents Aim was to protect youth by taking potential criminals off the street In reality it was run like a prison New York House of Refuge: 1825

Reforms expressed the vested interests of a particular social group Further continuance of middle- and upper-class values System furthered child labor systems Criticisms of the Child Savers

Shift from massive industrial schools to cottage system in late eighteenth century Introduction of psychological treatment in the 1950s Due process rights extended to juveniles in the 1960s Reforms

Operated in the “best interest of the child” Personalized justice Were paternalistic Operated in a quasi-legal format Denied right of appeal Attorneys were not required Hearsay evidence was admissible Preponderance of the evidence was required Early Juvenile Courts

Juvenile delinquents: Those under the age of majority who commit a crime Status offenders: Persons or children in need of supervision (PINS or CHINS) Neglected, deprived, abused and abandoned children Clients of the Juvenile Court

Delinquency Behavior that would be criminal if committed by adults Status offense Behavior that is illegal only if children engage in it, e.g., truancy and running away Juvenile Offenses

Divert more delinquents to adult criminal court Remove status offenses from the court’s jurisdiction Expansion of the court’s role over abuse and neglect cases Creating a unified family court Using alternative dispute resolution Integrating the juvenile court with the private sector and volunteer resources Creating a comprehensive court system where there is an appropriate response to each child that comes before the court The Office of Juvenile Justice and Delinquency Prevention is an excellent resource for information of the juvenile justice system. Advocated Changes to the Current Juvenile Courts

The number of juvenile arrests has been declining Most larger police departments have separate juvenile units. Most states do not have specific statutory provisions distinguishing the arrest process for children from that of adults Processing the Juvenile Offender

Type and seriousness of offense Ability of parents to discipline Past contacts with the police Degree of cooperation from child and parents Whether the child denies the allegations and insists on a hearing Factors Associated with the Arrest of Juveniles

New Jersey v. T.L.O. The need to maintain an orderly educational environment modified the usual Fourth Amendment requirements of warrants and found school searches to be reasonable Drug Testing A drug testing policy serves a school district’s interest in protecting its students’ safety and health School Searches

Two phases: Initial appearance Fact finding hearing In re Gault (1967) provides for fundamental fairness: Notice of the charges The right to counsel The right to confront and cross-examine witnesses The privilege against self-incrimination The right to a transcript of the trial record The Adjudicatory Proceeding

Required elements include Due process Fair notice of charges Legal representation Confrontation of witnesses Proof beyond a reasonable doubt Right to trial by jury is not included Constitutional Rights and Juvenile Trials

Need to protect the child Dangerousness of the juvenile Likelihood that the juvenile will abscond Separation of status offenders and delinquents Separation of youth from adult offenders Juvenile Detention

When the child makes an admission, juvenile courts require the following procedural safeguards: The child knows of the right to a trial The plea or admission is made voluntarily The child understands the charges and consequences of the plea Juvenile Plea Bargaining

The transfer of a juvenile to the criminal court is often based on statutory criteria established by the state’s juvenile court act, so waiver provisions vary considerable among jurisdictions Most commonly considered are: The child’s age The nature of the offense alleged in the petition Waiver of Jurisdiction

Kent v. United States (1966) – The Supreme Court held that the waiver proceeding is a critically important stage in the juvenile justice process and that juveniles must be afforded minimum requirements of due process of law, including the right to legal counsel. Breed v. Jones (1975) – The Supreme Court held that the prosecution of juveniles as adults in the California Superior Court violated the double jeopardy clause of the 5 th Amendment if they previously had been tried on the same charge in juvenile court. Legal Controls Over Waiver to Adult Court

All states allow juveniles to be tried as adults in criminal courts in one of four ways: Concurrent jurisdiction Excluded offenses Judicial waiver Reverse waiver Youths in Adult Court

Dismissal of the petition Suspended judgment Probation Placement in a community treatment program Commitment to the state agency responsible for juvenile institutional care Prevailing Juvenile Court Dispositions

Aftercare in the juvenile equivalent to parole Purpose of aftercare is to help youths make the transition from residential or institutional settings back into the community Aftercare may include treatment referrals, education, vocational training or other services U.S. Supreme Court has not imposed full procedural protections in revocation proceedings Post-Disposition

The committed child may be sent to a state training school or private residential treatment facility. Most state statutes vary when determining the length of the child’s commitment. Most jurisdictions have the ability to commit the child up to their majority age. Once the juvenile has been committed by a court, there is a great deal of difference in the way the states determine the juvenile’s placement, length of stay and eventual release The Council of Juvenile Correction Administrators is dedicated to the improvement of juvenile correctional services and practices. Institutionalization

The typical resident of a juvenile facility is a 15- to 16-year-old white male incarcerated for an average stay of 5 months in a public facility or 6 months in a private facility. Private facilities tend to house younger youths, while public institutions provide custodial care for older youths. Minority youths are incarcerated at a rate 2 to 5 times that of white youths. Minority youths accused of delinquent acts are less likely than white youths to be diverted from the court system into informal sanction and are more likely to receive sentences involving incarceration. Institutionalization and Population Trends

There has been an ongoing effort for almost 30 years to deinstitutionalize status offenders. Some authorities have argued that early intervention is society’s best hope of forestalling future delinquent behavior and reducing victimization. Since Congress passed the Juvenile Justice and Delinquency Prevention Act of 1974, all 50 states have complied with some aspect of the deinstitutionalization mandate. Deinstitutionalization

Comprehensive community-based delinquency prevention programs are made up of a range of different types of interventions and typically involve an equally diverse group of community and government agencies that are concerned with the problem of juvenile delinquency. Some of the programs are: Children At Risk Communities That Care SafeFutures Initiative Community Strategies Aimed at Delinquency Prevention

Parental responsibility statutes holding parents criminally and civilly responsible for crime of their children Increased openness and use of previously confidential juvenile records New statutes to curb the availability of guns to juveniles Re-emergence of youth gangs Abolition of the Juvenile Court Current Issues in Juvenile Justice