Chapter 15 The Juvenile System

CHILD SAVERS Child Savers: Wealthy, civic minded citizens who were concerned with the welfare of disadvantaged children Argued that the state has a responsibility to take control of children who exhibit criminal tendencies or had been neglected by their parents Instrumental in opening the House of Refuge in 1825 Juvenile Offenders required treatment not punishment

JUVENILE COURT The Illinois Juvenile Court: Established in 1899 Different from adult court No juries Different terminology No adversarial relationship Confidentiality All states have juvenile courts by 1945

JUVENILE DELINQUENCY Status Offenders – behavior that is illegal under a specified age Crimes if committed by adult Most states the age is 18 (not New York)

COURT CASES In re Gault The court held that juveniles are entitled to many of the same due process rights granted to adult offenders Kent v. U.S. Due process rights to children in juvenile court Winship ( 1970 ) Burden of proof – beyond a reasonable doubt

COURT CASES In re Gault The court held that juveniles are entitled to many of the same due process rights granted to adult offenders Breed v. Jones (1975 No double jeopardy McKeever v. PA Juveniles don’t have a right to a jury trial

Learning Objective 4 Describe the one variable that always correlates highly with juvenile crime rates

TRENDS Juveniles account for 13.7% of violent crimes and 12.6% of criminal activity 9% of murders 11% of aggravated assaults 14% of forcible rapes 20% weapons offenses 23% robberies and 24% property crimes 10% drug offenses

TRENDS Decline in Juvenile Offenders: Slowing of crack/cocaine Quality of Life Enforcement Zero Tolerance Girls in Juvenile Justice System More visible Chivalry effect/ Past – allowed girls to go home Crime of Assault/ Family Disputes

SCHOOL VIOLENCE Most feel that schools are safe 50 x more likely to be killed away from school Decline in non – fatal victimization Significant increase in school safety 85% of schools control access during the school day Bullying and cyberbullying

RISK FACTORS Risk factors for juvenile offending: Age Substance abuse Child abuse and neglect Gangs Guns

YOUTH GANGS  Why do youths join gangs: Status Protection Excitement Fear  Gangs and guns Gang members 3 x more likely to own a handgun Access to guns and homicides correlation Members believe they need it for protection

Learning Objective 6 List the factors that normally determine what police do with juvenile offenders

POLICE AND JUVENILE OFFENDERS Police exercise low-visibility decision making when working with juveniles. Factors that impact discretion: Nature of the offense Past criminal history Attitude of the offender Role of the parents Race and gender of offender Setting of offense

PRETRIAL JUVENILE JUSTICE PROCEDURES The four primary pretrial stages are: 1. Intake – screening process 2. Pretrial diversion ( probation; treatment/aid and/or restitution ) 3. Waiver to adult court 4. Detention – until disposition process begins

DUE PROCESS DURING DETENTION HEARING Due Process Right to counsel Right against self incrimination Right to cross – examine and confront witnesses Proof beyond a reasonable doubt

ADJUDICATED vs. DETENTION HEARING A Bifurcated Process: Adjudication Hearing The process by which the court determines whether there is sufficient evidence to support the petition. Essentially a trial Detention Hearing The hearing in which the appropriate sanctions for the delinquent or status offender is determined. Determines the needs of the child

INTAKE PROCEEDINGS Police Officer decides if offender warrants Juvenile Court and refer Case in Juvenile Court begins in intake Screening Official has several options: Dismiss the case Divert the offender to social services File a petition for a formal court hearing Transfer the case to adult court

SANCTIONS – TREATMENT PROGRAMS Juvenile corrections is based on the concept of graduated sanctions: Probation (the most common sanction) Non-secure confinement ( foster care, group homes, family group homes, rural programs) Secure confinement ( Boot camp and Training schools) Aftercare