Juvenile Courts Chapter Nineteen

History of the Juvenile Court Progressive Movement: Denounced the evils of child labor. Pushed for legislation banning child labor. First juvenile court created in Chicago, IL 1899. The Child Savers. Parens patriae (state as parent): If parents failed in their responsibility to raise the child properly, the state could intervene to protect children’s welfare.

Juvenile Courts v. Adult Courts Emphasis on helping the child. Informal. Proceedings based on civil law. Proceedings are secret. No juries. Juveniles are summoned, have a hearing and are committed to residential placement. Adult Court: Emphasis on punishing or deterring the offender. Formal. Proceedings based on criminal law. Proceedings are open to the public. Right to a jury trial.

Juvenile Court Organization Juvenile courts are organized in one of three ways: Juvenile Courts can be separated from other courts. They can be a unit of the trial court. They may be a part of the family court.

Defining Juveniles Most states consider those under 18 a juvenile. Three states establish the upper age of juvenile court jurisdiction at 15. Eight states establish the upper age of juvenile court jurisdiction at 16. Seventeen states establish the upper age of juvenile court jurisdiction at 17. Juveniles can be transferred to criminal court and charged as an adult at earlier age (In 2000, only 1% of juveniles were actually transferred).

Upper Age of Juvenile Court Jurisdiction in States Insert figure 19.1, page 450 here.

Youngest Age at which a Juvenile May be Transferred to Criminal Court. Insert figure 19.2, page 451 here.

Juvenile Court Subject Matter Jurisdiction Juvenile Delinquency: a violation of a criminal law that would be a crime if the act were committed by an adult. Status Offense: an act that is illegal only for juveniles. Truancy, runaway, or minor in possession of tobacco. Child-victim petitions: involve neglect or dependency. Battered children, children abandoned by their parents, and children who are not receiving proper education or medical care.

In re Gault The due process clause of the Fourteenth Amendment applies to juvenile court proceedings. Juveniles have: The right to timely notice of the charges The right to counsel The right to confront witnesses The privilege against self-incrimination

Other Important Juvenile Jurisprudence McKeiver v. Pennsylvania: Juveniles do not have the right to a trial by jury. Shall v. Martin: Preventive detention is allowed for juveniles. In re Winship: Beyond a reasonable doubt is the burden of proof in juvenile delinquency cases. Juvenile Delinquency and Prevention Act of 1974: Juveniles charged with status offenses shall not be jailed.

Courtroom Work Group Judges Prosecutors Defense Attorneys Assisted by hearing officers, referees, masters or commissioners. Prosecutors Defense Attorneys Probation Officers Become involved in the early stages.

Steps in the Juvenile Court Process Delinquency (crime) Summons: a legal document requiring the juvenile to appear in court. Intake (initial hearing) Cases begin with a referral. Soon after the referral, the initial hearing is held. Detention hearing Petition

Steps in the Juvenile Court Process Continued... Conference: equivalent to the preliminary hearing. Evidence: gathering and suppression. Plea Bargaining Adjudicatory hearing: equivalent to the trial or plea. Disposition: equivalent to sentencing. Appeal

Disposition Dismissal Probation Placement Other dispositions Most common Probation Placement Youths are placed in a residential facility for delinquents or status offenders, or otherwise removed from their homes and placed elsewhere. Other dispositions Fines, restitution, community service, and other referrals outside the court for services with minimal or no further court involvement anticipated.