Chapter 16: Juvenile Justice

History and Overview of Juvenile Courts

Failure of family a cause of delinquent behavior. Families had failed to teach proper values and respect for authority.

Solution to failure of family: Separate juvenile court to assume the responsibility that had been the family’s job. Instead of punishing young people through adult system, a separate juvenile court would seek to REHABILITATE juveniles by teaching morals and learning community values.

First Juvenile Court: Cook County, Illinois, 1899 Juvenile courts were designed to be informal, allowing the court to act as parent/guardian of child.

Parens Patriae: “Parent of the country.” Courts assumes role of a parent and was permitted to do whatever it thought necessary to help the child.

Three groups of juveniles: Delinquent offenders: youths who have committed acts that would be crimes if committed by adults. Status offenders: youths who committed acts that would not be crimes if committed by adults (CURFEW)

Neglected and abused children: need the courts protection from parent or guardian. Neglect Case: occurs when a parent or guardian is charged with failing to provide adequate food, clothing, shelter, education and medical care.

An abuse case, occurs when a child has been sexually, physically, or emotionally abused.

In both, neglect and abuse cases, a judge must decide whether the child needs the protection of the courts. Courts must determine whether the child should remain with the family while under court protection

In both neglect and abuse cases: Judge works closely with social service agencies. Judge usually sets certain conditions for the child to remain with his or her family, such as participation by the parents in a counseling program or a later hearing to monitor the progress of the case. Judge may also decide to place the child with relatives or in foster care.

Juvenile age of maturity: Can prosecute in adult court: Most states is 18. Some states is 16 or 17 Illinois: 18 years old

Humanitarian philosophy -Emphasizes rehabilitating the offender Control philosophy – emphasizes punishing the defender.

STATUS OFFENSES

Status Offenders: Youths who commit crimes which are not crimes for adults – drinking alcohol under age 21 Most are runaways or have drug problems (alcohol/drugs) Face charges such as: “beyond control” and “habitually disobedient,” or truant from school.

Status Offenders (Continued) Some are trying to escape abusive or difficult home situations.

Programs for runaways: Primary resource for runaway and homeless youth is a national network of shelters. (1-800-RUNAWAY) or www.1800RUNAWAY.org

Status offenses make up 20% of all juvenile arrests. As a general rule, a single act of unruly behavior is not enough to support a finding that a juvenile is in need of court supervision; rather, juvenile must be habitually disobedient or has repeatedly run away, skipped school, or been out of control

PINS (person in need of supervision) Because of problems at home, parents sometimes ask the courts to file a PINS – petition against their child.

PINS (person in need of supervision) Children can defend their conduct by showing their act was justified or the parent were unreasonable and at fault. If child is correct, the PINS petition might be withdrawn by the court and replaced by a neglect petition against the parent

Juvenile Justice Today

Problems with Juvenile court system in the 1960s. Many people argued that the system was providing harsher treatment that the adult system without the constitutional rights provided in adult courts.

Solution to problems with Juvenile Court System: In 1966, the U.S. Supreme Court handed down several decisions which began to change the theory and operation of the juvenile justice system.

The Gault Decision Gave young people many of the same rights as adults

In re Winship (1970) A juvenile charge with a criminal act must be found “delinquent by proof beyond a reasonable doubt,” the same standard required in adult criminal court.

McKeiver v. Pennsylvania (1971) The Court decided that jury trials were not required in juvenile cases. It expressed concern that jury trials could hurt juveniles by destroying the privacy of juvenile hearings.

The Juvenile Justice and Delinquency Prevention Act of 1974: Requires that the Department of Justice’ Office of Juvenile Justice and Delinquency Prevention (OJJDP) oversee changes ordered by Congress

The Juvenile Justice and Delinquency Prevention Act of 1974: OJJDP works as a partner with state and local units of governments to improve the juvenile justice system. The federal act required the juvenile court system to change the way it treated both status offenders and delinquent offenders.

The Juvenile Justice and Delinquency Prevention Act of 1974: Separated from adults Develop community alternatives to incarceration and for improving the juvenile justice system (JSS)

PROBLEM: studies have shown that minority youth are often placed in government-run institutions while white youth are placed in private facilities to meet their special needs.

Prosecuting Juveniles in Adult Court

Prosecuting juveniles in adult court began in the 1980s and 1990s

Approaches for trying juveniles in adult court: Juvenile Waiver: After a hearing, the judge waives juveniles to adult court – most common approach.

Statutory Exclusion: also known as, automatic transfer, is an approach in which the state passes laws that requires certain juvenile offenses to be prosecuted in adult court; this is the second most common approach

Direct File: at prosecutors discretion, choice, if juvenile should be tried in adult court.

Studies have shown that youth transferred to adult court re-offend at higher rates than those treated in juvenile court Most juvenile cases are heard in juvenile court.

Critics of prosecuting juveniles in adult criminal court Recidivism higher rate among juveniles who go to adult court – corrections Brains are developing until 20s

Procedures in Juvenile Court Taking Into Custody

Intake: the formal process by which officials or social workers decide if a complaint against a juvenile should be referred to juvenile court.

Intake: Decision is made after interviewing the youth and considering the seriousness of the offense, past record, family situation, and other factors

Intake: 1/3 (33%) of all complaints are disposed of during the intake process by: dismissal, diversion, or transfer. Most are dismissed – No charges Diverted: receive educational services – including involvement in “Street Law” classes and other treatment services

Intake: Transfer: go to adult court.

Initial or Detention Hearing

Check on the validity of their arrest and detention Initial hearing/Detention Hearing Check on the validity of their arrest and detention The state must prove TWO things That an offense was committed and that there was reasonable cause to believe the accused committed it.

Initial Hearing/Detention Hearing If state wants to detain the youth, it must prove that the juvenile is a danger to him/herself or others, is likely to runaway if released, or has a past record that warrants detention

Initial Hearing/Detention Hearing: If juvenile does not have attorney court will usually assign one and sets a date for a hearing on the facts.

Initial Hearing/Detention Hearing: U.S. Supreme Court has held that juveniles do not have a constitutional right to bail

Initial Hearing/Detention Hearing: No money bond is set, and the juvenile court may decide either to release juvenile to their parents or other adults until trial

Based on the judge’s decision Initial Hearing/Detention Hearing: Preventive Detention: better off in detention than at home on the grounds that it serves the legitimate purpose of protecting the community and the juveniles themselves from the consequences of future crimes. Based on the judge’s decision

Adjudicatory Hearing