Criminal Justice Today CHAPTER Criminal Justice Today, 13th Edition Frank Schmalleger Copyright © 2015, © 2013 by Pearson Education, Inc. All Rights Reserved BOOK COVER Juvenile Justice 15

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Juvenile Justice System The aggregate of the government agencies that function to investigate, supervise, adjudicate, care for, or confine youthful offenders and other children subject to the jurisdiction of the juvenile court

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Juvenile Justice System Delinquency  Juvenile conduct or actions in violation of criminal law  Juvenile status offenses  Other juvenile misbehavior

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved History of Juvenile Justice 1800s  Conduct was a product of parental control  Parens patriae  No distinction between criminal behavior and delinquency  The Enlightenment emphasized human potential and concern for children's well- being

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved History of Juvenile Justice The Juvenile Court Era, 1870  Massachusetts was the first state to enact laws requiring separate hearings for juveniles  The Illinois Juvenile Court Act of 1899 became the model for juvenile court statutes “Delinquent” instead of “Criminal” Reformation over Retribution Johnson, Introduction to the Juvenile Justice System, p Fox, “Juvenile Justice Reform,” p. 47.

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved History of Juvenile Justice 1938: The federal government passed the Juvenile Court Act 1945: All states had enacted special legislation focusing on the handling of juveniles Fox, “Juvenile Justice Reform,” p. 5.

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Philosophical Principles The state is the “ultimate parent” Children are worth saving with nonpunitive procedures Children should be nurtured and protected from being stigmatized Justice and reformation need to be individualized Noncriminal procedures are necessary in order to help the child Principles adapted from Robert G. Caldwell, “The Juvenile Court: Its Development and Some Major Problems,” in Rose Giallombardo, ed., Juvenile Delinquency: A Book of Readings (New York: John Wiley, 1966), p. 358.

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Categories of Children Delinquent child  A child who violates criminal laws Undisciplined child  A child who is beyond parental control and refuses to obey any type of authority Dependent child  A child who has no parents or guardians to care for him or her

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Categories of Children Neglected child  A child who does not receive proper care from his or her parent(s) or guardian Abused child  A child who suffers physical, emotional, or sexual abuse from a parent or guardian Status offender  A child who violates laws written for children (truancy, running away, vagrancy)

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Institutions and Issues Related to Juvenile Delinquency Schools Poverty Family Neighborhoods

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved OJJDP Overview About one million juveniles are arrested annually Rates of violent crime by juveniles are decreasing Younger juveniles comprise a large portion of arrests and court caseload Relative to male rates, female rates have grown substantially H. Snyder, C. Puzzanchera, and W. Kang, Easy Access to FBI Arrest Statistics, 1994–2002 (Washington, DC: Office of Juvenile Justice and Delinquency Prevention, 2005), (accessed November 11, 2012).

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved OJJDP Overview Greater percentages of females than males are in placement for status offenses and assaults Both sexes usually have problems at home and school that put them at risk Minority juveniles are greatly overrepresented in custody Crowding is a serious problem in juvenile facilities H. Snyder, C. Puzzanchera, and W. Kang, Easy Access to FBI Arrest Statistics, 1994–2002 (Washington, DC: Office of Juvenile Justice and Delinquency Prevention, 2005), (accessed November 11, 2012).

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved The Legal Environment Throughout the first half of the twentieth century, the U.S. Supreme Court followed a hands-off approach to juvenile justice, much like its early approach to prisons After many landmark cases starting in the late 1960s, juveniles are now guaranteed many of the same procedural rights as adults

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Supreme Court Cases Related to Juvenile Justice Kent v. United States (1966) In re Gault (1967) In re Winship (1970) McKeiver v. Pennsylvania (1971) Schall v. Martin (1984) Roper v. Simmons (2005) Graham v. Florida (2010)

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Court Jurisdiction Exclusive jurisdiction  When the juvenile court is the only court that has statutory authority to deal with children for specified infractions Original jurisdiction  An offense must originate with juvenile court authorities Concurrent jurisdiction  Other courts have equal statutory authority to originate proceedings National Center for Juvenile Justice, “State Juvenile Justice Profiles,” (accessed August 10, 2011).

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Adult and Juvenile Justice System Terminology ProcedureJuvenileAdult ActDelinquencyCrime ApprehensionCustody PetitionArrest Indictment PreadjudicationDetention Agree to Finding Deny Petition Jail Plead Guilty Plead not Guilty AdjudicationAdjudicatory Hearing Adjudicated Delinquent Trial Convicted Criminal CorrectionsDisposition Commitment Sentence Incarceration

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Juvenile Justice System Philosophy Reduced concern with legal issues of guilt or innocence Emphasis on the child’s best interests Privacy and protection from public scrutiny  Sealed records Use of social science in dispositional decisions rather than sentencing by a perceived need for punishment Separate facilities for juveniles Adapted from Peter Greenwood, Juvenile Offenders, National Institute of Justice Crime File Series Study Guide (Washington, DC: NIJ, n.d.).

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Delinquency Cases Intake  Detention hearing  Preliminary hearing  Transfer hearings Adjudication hearing Disposition hearing  Juvenile disposition

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved The Processing of Youthful Offenders Different from that of the adult system  Juveniles who commit violent crimes more accountable for their actions Blended sentence  A juvenile court disposition that imposes both a juvenile sanction and an adult criminal sentence upon an adjudicated delinquent See Cheryl Andrews and Lynn Marble, “Changes to OJJDP’s Juvenile Accountability Program,” Juvenile Justice Bulletin Washington, DC: Office of Juvenile Justice and Delinquency Prevention, 2003). Howard N. Snyder and Melissa Sickmund, Juvenile Offenders and Victims: 2006 National Report (Washington, DC: Office of Juvenile Justice and Delinquency Prevention, 2006).

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Characteristics of Juveniles in Confinement 87.8% male 41.1% black, 34.8% white, 21.1% Hispanic 4% in confinement for status offenses 61% in residential facilities for serious personal or property offense 1.3% charged with homicide M. Sickmund, T. J. Sladky, W. Kang, and C. Puzzanchera, “Easy Access to the Census of Juveniles in Residential Placement,” 2011,

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Significant Developments Transfer provisions Sentencing authority Confidentiality changes Victims’ rights Correctional programming Snyder and Sickmund, Juvenile Offenders and Victims: 2006 National Report, pp. 96–97.

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Bullying in Schools Preventing school violence has become an important goal New laws are being created to protect students and require school administrators, teachers, and staff to document and report incidents to the proper authorities Bullying is “sufficiently severe, persistent or pervasive that it creates a hostile environment” that “deprives a student of substantial educational opportunities” “Schools, Parents Try to Keep Pace with Cyber-bullying Tactics,” Baltimore Sun, April , 22/news/bs-md-ho-cyberreader _1_cyber-bullying-anti-bullying-laws-rutgers-university-freshman; “Analysis of State Bullying Laws and Policies,” U.S. Department of Education, December 2011, and “Law Firmer against Bullies,” Atlanta Journal-Constitution, N ovember 20, 2010, html.