Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Chapter 6: The Juvenile Court: Trial and Disposition

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Outline What Are Other Stages of Juvenile Court Proceedings? –Adjudicatory Hearing –Disposition Hearing –Judicial Alternatives What Right Does the Juvenile Have to Appeal? What Is the Juvenile Sentencing Structure? What Would Justice for Juveniles Look Like? Toward Excellence in the Juvenile Delinquency Court

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Objectives 1.To discuss the various stages of juvenile court proceedings 2.To consider judicial alternatives in the dispositional stage and the right to appeal 3.To evaluate the various sentencing structures for juveniles 4.To examine the feasibility of maintaining a separate court for juveniles

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Describe some characteristics of adjudicatory hearings.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Hints (pp. 150–151):  Less formal than adult trial  Closed trial  Some ignore new standards and operate as in the past

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Additional characteristics may include: –Prohibition against hearsay –Proof beyond reasonable doubt –Right against self-incrimination –Right to cross-examine witnesses and victims –Attorneys and prosecutors likely to be present –Separation of adjudication and disposition hearings.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Jury Trials –12 states mandate a jury trial for juveniles who request one during their adjudicatory hearing and who face the possibility of institutional time. –23 states deny a juvenile the right to a jury trial.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ What are the two basic types of disposition hearing?

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ First type is used less frequently in the United States and occurs at the same time as the adjudicatory hearing. The judge, after hearing the case, reviews the social service report submitted by a probation officer and decides what disposition would be most effective for the youth. Second type occurs at a considerably later date than the adjudicatory hearing. Calls for the judge to have as wide a range of information as possible concerning the youth.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Name some information that may be included in a predisposition report.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Hints (pp. 152–154):  Past conduct  Prior contact with police and courts  Family environment  Employment history  School records  Interests and activities

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ What are the judicial alternatives?

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ A child could be assessed a fine or ordered to pay restitution to the victim. Youths who are mentally restricted or mentally ill are sometimes required to undergo special training or therapy. Probation is used when youths are found guilty of an offense and in need of supervision, but not secure confinement. A more severe disposition is to remove youths from their natural homes.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ What right does a child have to appeal?

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Juveniles do not have a constitutional right to appeal. The Supreme Court in Gualt pointed out that juveniles should have the same absolute rights as adults have to appeal under the equal protection clause of the Constitution. Most states have passed legislation granting juveniles the right to appeal. The common practice today is to give juveniles the same rights as adults to appeal. On appeal, juvenile have the right to transcripts and counsel.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Name the three different types of sentencing in juvenile court.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Hints (pp. 155–156):  Determinate:  Presently popular to limit disparities in sentencing and judges’ discretion.  Many states have minimum mandatory sentences for certain violent acts.  Some states lowered the age requirement for referring juveniles to adult court.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ  Indeterminate:  Criticized for being too soft, arbitrary and violating juveniles due process rights.  Blended:  Allows juvenile courts to impose either juvenile or adult sanctions.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ What are Thomas Geraghty’s suggestions in his book “Justice for Children: How do we get there?” for enhancing the justice received by juveniles in juvenile court?

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Hints (pp. 159–160):  Juvenile court should no longer have jurisdiction over status offenders.  Monitoring procedures must be in place to ensure that nonjudicial agencies responsible for status offenders are providing adequate care.  Juveniles accused of crimes must have the same due process procedural safeguards as adults, with the exception of a nonwaivable right to counsel.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ  Lengths of mandatory sentences are to be designed by the National Council of Juvenile Court Judges rather than by state legislatures.  Quality of representation in juvenile court hearings must be raised.  Plea bargaining must be avoided if at all possible.  Mandatory sentences of hard-core juveniles must replace indeterminate sentencing.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ What are three goals set forth for the nation’s juvenile courts by the National Council on Juvenile and Family Court Judges?

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Hints (pp. 159–161):  Delinquency prevention strategies  Completion of restitution and community service requirements  Increase responsible living skills of youth

9. What are some key principles of a juvenile delinquency court of excellence?

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Juvenile delinquency systems must have adequate staff, facilities, and program resources. Juvenile delinquency courts and Juvenile abuse and neglect courts should have integrated one family-one judge case assignments. Juvenile court judges should ensure that their systems divert cases to alternative systems whenever possible and appropriate. Youth charged in the formal juvenile delinquency court must have qualified and adequately compensated legal representation.

Juvenile Justice in America, 5 th Edition ©2008 Pearson Education, Inc. Bartollas/Miller Pearson Prentice Hall Upper Saddle River, NJ Juvenile courts should render timely and just decisions and trials should conclude without continuances. Juvenile delinquency system staff should engage parents and families at all stages of the juvenile delinquency court process. The juvenile delinquency court system should engage the school and other community support system as stakeholders in each individual youth’s case. Juvenile delinquency court judges should ensure that court dispositions are individualized and include graduated responses, both sanctions and incentives.