Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Chapter 2 Delinquency Overview

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Delinquency Overview  Delinquency is the juvenile equivalent of adult criminality

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Criminal versus Juvenile Terminology  Criminal = Delinquent  Crime = Delinquent act  Arrested = Taken into custody  Trial = Hearing  Found guilty = Adjudicated delinquent  Criminal = Delinquent  Crime = Delinquent act  Arrested = Taken into custody  Trial = Hearing  Found guilty = Adjudicated delinquent

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Criminal versus Juvenile Terminology (continued)  Sentence = Disposition  Indictment = Petition  Jailed = Held in detention  Sentence = Disposition  Indictment = Petition  Jailed = Held in detention

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Definitions  In most states, a delinquent act occurs when a juvenile commits an act that would have been a crime if an adult had committed it  In some states, delinquent acts are defined the same as crimes  In most states, a delinquent act occurs when a juvenile commits an act that would have been a crime if an adult had committed it  In some states, delinquent acts are defined the same as crimes

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Philosophies of Juvenile Law  Parens patriae is the underlying philosophy of juvenile law  Rehabilitation is the goal  Best interest of the child is the standard  Parens patriae is the underlying philosophy of juvenile law  Rehabilitation is the goal  Best interest of the child is the standard

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Juvenile Status Offenders  Court has jurisdiction over juvenile status offenders (JSO)  JSO statutes allow courts to take action against juveniles for acts that are legal for adults  Court has jurisdiction over juvenile status offenders (JSO)  JSO statutes allow courts to take action against juveniles for acts that are legal for adults

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Status Offenses versus Delinquency  Initiation is the same  Hearing is the same  Potential loss of liberty exists in both actions  Vagueness arguments fail because status offenses are not criminal  Initiation is the same  Hearing is the same  Potential loss of liberty exists in both actions  Vagueness arguments fail because status offenses are not criminal

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Due Process in Delinquency Actions  Procedural due process involves mechanics of hearings  Substantive due process involves content of defendants’ legal rights  Kent, Gault, and Winship shaped juvenile due process law  Procedural due process involves mechanics of hearings  Substantive due process involves content of defendants’ legal rights  Kent, Gault, and Winship shaped juvenile due process law

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Kent v. United States  Held that the due process clause applied to juveniles  Limited juvenile courts’ discretion  Afforded due process to juveniles  Held that the due process clause applied to juveniles  Limited juvenile courts’ discretion  Afforded due process to juveniles

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Gault  Held that due process guarantees juveniles the right to an attorney and the privilege against self-incrimination

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Winship  Held that the state must prove the juvenile’s guilt beyond a reasonable doubt