Chapter 16: Juvenile Justice

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

Solution to failure of family:Solution to failure of family: Separate juvenile court to assume the responsibility that had been the family’s job.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.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:First Juvenile Court: Cook County, Illinois, 1899Cook County, Illinois, 1899 Juvenile courts were designed to be informal, allowing the court to act as parent/guardian of child.Juvenile courts were designed to be informal, allowing the court to act as parent/guardian of child.

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

Three groups of juveniles:Three groups of juveniles: 1.Delinquent offenders: youths who have committed acts that would be crimes if committed by adults. 2.Status offenders: youths who committed acts that would not be crimes if committed by adults (CURFEW)

3.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.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.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 protectionCourts must determine whether the child should remain with the family while under court protection

In both neglect and abuse cases:In both neglect and abuse cases: Judge works closely with social service agencies.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 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.Judge may also decide to place the child with relatives or in foster care.

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

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

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

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

Programs for runaways Programs for runaways : Primary resource for runaway and homeless youth is a national network of shelters. ( RUNAWAY) or

Status offenses make up 20% of all juvenile arrests.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 controlAs 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.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.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 parentIf child is correct, the PINS petition might be withdrawn by the court and replaced by a neglect petition against the parent

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

The Juvenile Justice and Delinquency Prevention Act of 1974The Juvenile Justice and Delinquency Prevention Act of 1974: