Chapter 15 The Juvenile Justice System

The Juvenile Justice System When first created was viewed as quasi-social welfare agency Parens patriae – system acts as a surrogate parent in the interests of the child The interest of the child are the primary concern and can be protected by many policies, not all criminal justice Critic argue that the juvenile justice system is outdated and should be focused on punishment.

The History of Juvenile Justice Separating juveniles from adults can be traced back to two developments in English custom and law: The development of poor laws – 1535 English passed statutes called “poor laws” that mandated appointment of overseers to place neglected children with families The chancery court – concerned primarily with protecting property rights and welfare of more affluent minor children who could not care for themselves

The History of Juvenile Justice (cont.) Care of children in early America Youth who committed serious crime were treated as adults Almshouses, poorhouses, workhouses Child savers began developing organizations to help alleviate the burdens of the poor

The History of Juvenile Justice (cont.) The child-saving movement Created programs for indigent youths New York House of Refuge Boston House of Reformation Children’s Aid Society

The History of Juvenile Justice (cont.) 1899 – First comprehensive juvenile court created in Illinois Best interest of the child Paternalistic rather than adversarial Probation department to monitor youths in the community Reform schools

Juvenile Justice Today Has jurisdiction over two categories of offenders Delinquents – violate the law, commit an offense in violation of penal code Status offenders – truants and habitually disobedient PINS – Persons in Need of Supervision CHINS – Children in Need of Supervision

Status Offenses

Volume and Age of Status Offenses

Juvenile Justice Today (cont.) States have set different maximum ages below which children fall under the jurisdiction of the juvenile court Some states exclude certain classes of offenders or offenses Those that commit serious violent offenses may be automatically excluded, ‘waivered’ to adult courts Creation of family courts

The Juvenile Justice System

Police Processing of the Juvenile Offender According to UCR, police arrest more than 1.5 million juveniles under age 18 each year Most police departments have separate juvenile detectives Most police may arrest for status offenses

Police Processing of the Juvenile Offender (cont.) Use of discretion Decision to release or detain and refer to juvenile court Decision based on offense, police attitudes, and child’s social and personal conditions Factors significant to police decision making Type and seriousness of child’s offense Ability of parents to be of assistance in disciplining child Child’s past contacts with police Degree of cooperation Denial of offense

Police Processing of the Juvenile Offender (cont.) Legal rights Same 4th Amendment rights as adults Afforded greater 5th Amendment protection

The Juvenile Court Process Juvenile court plays major role in controlling juvenile behavior and delivering social services to children Juvenile cases increased between 1960 – 1995 Since 1995 number has declined reflecting the overall decline in crime rate

The Juvenile Court Process (cont.) The intake process Court officers screen child to determine if needs to be handled formally or whether the case can be settled without formal intervention Opportunity to place child in a community program More than half of referrals to juvenile courts never go beyond this stage

Police Processing of the Juvenile Offender (cont.) The detention process Juvenile Justice Act of 1974 Use of detention increased 41% between 1985 and 2000. Majority of those detained are white Disproportionate number of African-Americans detained before trial

The Juvenile Court Process (cont.) Detention process (cont.) Detention hearing required in most states Right to counsel Procedural due process rights Criteria to support a decision to detain Need to protect the child Decide if child a danger to the public Determine likelihood juvenile will return to court for adjudication

The Juvenile Court Process (cont.) Reforming detention Remove status offenders from lockups Detention of youths in adult jails OJJDP Grants

The Juvenile Court Process (cont.) Bail Federal courts have not ruled on juvenile’s constitutional right to bail Relatively few states use monetary bail Release of child to parent or guardian viewed as an acceptable substitute

The Juvenile Court Process (cont.) Plea bargaining Exists for the same reasons as in adult courts When child makes admission, courts require the following procedural safeguards Child knows of the right to a trial Plea or admission is voluntary Child understands the charges and consequences

The Juvenile Court Process (cont.) Waiver of jurisdiction Most jurisdictions provide by statute a waiver of offenders to the criminal courts Factors considered are the child’s age and nature of the offense Some states allow waivers only in felony cases

The Juvenile Court Process (cont.) Waiver of jurisdiction (cont.) Kent v. United States (1966) – Court held that at the waiver proceeding juveniles must be afforded minimum requirements of due process of law, including right to counsel. Breed v. Jones (1975) – Court held that prosecution of juveniles as adults in California Superior Court violated the double jeopardy clause of 5th Amendment.

The Juvenile Court Process (cont.) Waiver of jurisdiction (cont.) Concurrent jurisdiction Excluded offenses Judicial waiver Reverse Waiver Effect of the waiver

The Juvenile Court Process (cont.) The trial Initial appearance – similar to arraignment in adult court Fact-finding hearing In re Gault (1967) Notice of the charges Right to counsel Right to confront and cross-examine witnesses Privilege against self-incrimination Right to transcript of trial record

The Juvenile Court Process (cont.) Disposition and treatment Juvenile court judge imposes a sentence on the juvenile offender based on offense, prior record, and family background. Bifurcated hearing process Typical juvenile court dispositions Suspended judgment Probation Placement in a community treatment program Commitment to the state agency responsible for juvenile institutional care Work camp

The Juvenile Court Process (cont.) Juvenile sentencing reform Push for harsher sentences Mandatory and determinate incarceration sentences Effort to remove status offenders from juvenile justice system Effort to standardize dispositions in juvenile courts Juvenile drug courts

The Juvenile Correctional Process Probation Most common sentence for juveniles Place under supervision in the community General conditions of supervision, control and rehabilitative conditions

The Juvenile Correctional Process (cont.) Deinstitutionalization Large institutions too costly Small residential facilities Public support for community-based programs still exists in some areas

The Juvenile Correctional Process (cont.) Aftercare Help youths make the transition from residential or institutional settings Parole Procedural protections in probation and parole revocations

The Juvenile Correctional Process (cont.) Preventing delinquency Designed to intervene before delinquent acts In past was responsibility of treatment oriented agencies Today community treatment involves combination of juvenile justice and treatment agencies Fast Track Program CAR/CASASTART Program