Chapter 16: Juvenile Justice

History and Overview of Juvenile Courts Developed in the mid 1800’s Parens patriae: “parent of the country”, the court assumes the role of the parent for children who cannot take care of themselves

Who are Juveniles? YOU ARE….well…only those of you under 18… What are the goals of the criminal justice system? Which one do you think is applied to juveniles? Retribution, Deterrence, Revenge, or Rehabilitation?

Who is a Juvenile? In OH anyone under the age of 18 is a juvenile to the court system. Juveniles charged with a serious felony can be charged as an adult. (transfer hearing) The judge considers: the juvenile’s age and past record, the seriousness of the crime, the likelihood that the juvenile would be rehabilitated

JUVENILE Categories: Delinquent Offenders: youths who have committed acts that would be crimes if committed by adults Status Offenders: youths who have committed acts that would not be crimes if committed by adults (skipping school, violating curfew)

Neglected/Abused Children: needs the court’s protection from a parent or guardian Should the child remain with the family? Taken into account when looking at the case of a Juvenile Parental Responsibility Laws: parents can be held responsible for crimes committed by their child Contributing to the Delinquency of a Minor: the act, by an adult, of aiding or encouraging illegal or improper conduct of a juvenile

Status Offenses Ex: behavior is beyond control, truant from school, habitually disobedient Usually emotionally troubled, runaways, drug problems, in abusive situations Because of problems at home, parents may file a PINS (Person In Need of Supervision) petition. (can be retracted and replaced by a neglect petition against the parents)

Juvenile Justice Today In Re Gault: juveniles should receive many of the same due process rights as adults Notification of charges against them Right to an attorney Right to confront and cross examine witnesses The right to remain silent

Juvenile Justice Today McKeiver v. Pennsylvania: jury trials were not required for juvenile cases due to privacy rights of the juveniles Juvenile Justice and Delinquency Prevention Act of 1974: required the juvenile court system to change the way it treats offenders. Develop community alternatives to incarceration

Procedures for Juvenile Court Taking Into Custody: can be arrested or taken into custody for status offenses No Bail! Minor-Released Serious-Detained Intake: process that helps officials decided if a juvenile should be referred to the court system, includes interview and consideration of previous record, family situation, and other factors

1/3 of all complaints in the juvenile system are dismissed or diverted to other programs. Ex: rehabilitation, law classes, community service

Initial or Detention Hearing Initial Hearing: the state must prove the offense was committed and there is reasonable cause to believe the youth committed the crime The state will only further detain the juvenile if they are a danger to themselves or others, may run away, or have a previous record (Preventative Detention) The court can assign a public defender Time and date is set for hearing

Adjudicatory Hearing Adjudicatory Hearing: Looks at the facts of the case. (Closed to public) Can question and cross examine witnesses Prosecution has to prove guilt beyond a reasonable doubt Judge determines guilt or innocence

Dispositional Hearing Dispositional Hearing: the judge decides the sentence or disposition the juvenile should receive The court’s goal is to rehabilitate the offender! Alternatives include probation, placement in a group home, or state institution

Sentencing Probation is the most common disposition! Ex: attend school, hold a job, attend counseling, weekly drug tests, curfew, stay away from certain people/groups, meet with probation officer If probation conditions are not met, the juvenile can go back to court and be sentenced to a group home or institution

Sentencing For serious offenses, the juvenile will be sentenced to an institution for indefinite period of time. Release is determine by the institution, but it is usually 1-3 years but can last until the juvenile is an adult.

Juvenile Detention Centers Main Problem: Overcrowding! Additional Problems Include: Overrepresentation of Minorities Safety and security of facilities Health care Abuse of juveniles

Post-Disposition Aftercare: like parole in the adult system, usually involved supervision by a parole officer

Having a Record In OH, a juvenile can request to have their record sealed when they turn 18 (but it will cost them $) After their juvenile record has been expunged, there will no longer be a public record of their involvement with the justice system.