Understanding the Criminal Justice System Part 14 Juvenile Justice
1.Two distinct justice systems - adult / juvenile - separate systems - laws / personnel / procedures / terminology / facilities a. Laws - criminal law - criminal law - both adult / juvenile - both adult / juvenile (1) Status offenses - apply to juveniles - apply to juveniles - committed by adult = not a crime - committed by adult = not a crime
(a) Curfew / truancy / runaway / drinking b. Personnel - deal specifically with juveniles (1) Police - SRO (DARE / GREAT) - school security (2) Courts - judges = superior court - commissioners
(3) Corrections - juvenile detention centers - state juvenile facilities (a) Probation officers (b) Parole officers (c) Other public / private youth facilities c. Procedures - different from adult system
(1) Keep separate from adults (2) Advice to rights (3) Notify parents / guardian (4) Issuing criminal citations d. Facilities - separate holding facilities - separate courts - separate state institutions
e. Terminology - wording different from adult system AdultJuvenile crime / criminal act= delinquency / delinquent criminal delinquent crime / criminal act= delinquency / delinquent criminal delinquent arrest taken into custody / detained arrest taken into custody / detained interrogateinterview interrogateinterview booking process intake process booking process intake process arraignment detention hearing arraignment detention hearing information filed petition filed information filed petition filed pretrial hearingshow-cause hearing pretrial hearingshow-cause hearing
2. Managed / processed through “civil authority”2. Managed / processed through “civil authority” - English influence = 12 th century - English influence = 12 th century - King = Doctrine of Parens Patriae - King = Doctrine of Parens Patriae - father of country / all children - father of country / all children a. Delinquency / welfare of children a. Delinquency / welfare of children - English Common Law - English Common Law - Under age 7 not accountable for actions - Under age 7 not accountable for actions b. Could remove children from parents b. Could remove children from parents - work houses / orphanage / private homes - work houses / orphanage / private homes
3. American system3. American system - similar system in colonies - similar system in colonies - tried / punished like adults - tried / punished like adults - House of Refuge late 1700s - House of Refuge late 1700s a. Child Savers movement a. Child Savers movement - religious foundations / private individuals - religious foundations / private individuals - parental authority decreased - parental authority decreased - state interests became primary - state interests became primary b. Era of Socialized Justice b. Era of Socialized Justice
- protection of child became foremost - protection of child became foremost - emphasis = complete picture of delinquent - emphasis = complete picture of delinquent - education / family / psychological / social - education / family / psychological / social c. Determine appropriate care / training c. Determine appropriate care / training - courts: what they believed best for child - courts: what they believed best for child - informality within juvenile court system - informality within juvenile court system - “caseworker approach” - “caseworker approach” - no prosecution / defense / formal hearing - no prosecution / defense / formal hearing - judge / police officer / case worker - judge / police officer / case worker - “hands off” doctrine = juvenile justice - “hands off” doctrine = juvenile justice
d. Until 1967: two philosophies d. Until 1967: two philosophies - what court did = best interest of juvenile - what court did = best interest of juvenile - to convict = preponderance of evidence - to convict = preponderance of evidence 4. Gault vs. Arizona (1967)4. Gault vs. Arizona (1967) - crime committed - crime committed - 15 yr. old male juvenile - 15 yr. old male juvenile - arrested = detention / parents not notified - arrested = detention / parents not notified a. Informal hearing a. Informal hearing - best interest of juvenile - best interest of juvenile
- state institution until 21 years of age - state institution until 21 years of age - adult committing same crime ?? - adult committing same crime ?? b. US Supreme Court b. US Supreme Court - parent’s appealed - parent’s appealed - 14 th Amendment applied to juveniles - 14 th Amendment applied to juveniles - gave most rights to juveniles - gave most rights to juveniles - attorney / transcripts / present witnesses - attorney / transcripts / present witnesses - still preponderance of evidence - still preponderance of evidence - “In re Winship” = proof beyond - “In re Winship” = proof beyond - Gault established legal rights for juveniles - Gault established legal rights for juveniles
c. Moving away from parens patriae concept c. Moving away from parens patriae concept - becoming more adversarial - becoming more adversarial - more formal than informal - more formal than informal d. Juvenile courts still not a criminal court d. Juvenile courts still not a criminal court - deal in special ways with children - deal in special ways with children - court of law / social service agency - court of law / social service agency - set up as welfare agency to protect / rehabilitate - set up as welfare agency to protect / rehabilitate - also to protect society from delinquents - also to protect society from delinquents e. Still a civil system e. Still a civil system
- is adversarial - is adversarial - typical of adult system - typical of adult system f. States changing their laws f. States changing their laws - Washington = 21 years - Washington = 21 years - Texas = 15 years - Texas = 15 years 5. Juvenile rights5. Juvenile rights - Uniform Juvenile Court Act – Uniform Juvenile Court Act – Miranda Rights / self-incrimination - Miranda Rights / self-incrimination - proof beyond a reasonable doubt proof beyond a reasonable doubt
6. Juvenile courts6. Juvenile courts = courts present in all states = courts present in all states - 3 types of juvenile courts - 3 types of juvenile courts a. Autonomous a. Autonomous - separated from all other courts - separated from all other courts - judges spend time only on juvenile matters - judges spend time only on juvenile matters b. Coordinated b. Coordinated - heard in family of domestic courts - heard in family of domestic courts - adoption / marriage / divorce / delinquency - adoption / marriage / divorce / delinquency
c. Designated c. Designated - presides over criminal / civil cases - presides over criminal / civil cases - hear juvenile matters also - hear juvenile matters also d. Washington State d. Washington State - designated juvenile courts - designated juvenile courts - superior court - superior court - judge or commissioner - judge or commissioner (1) Local juvenile court (1) Local juvenile court - 3 superior court judges / one for juvenile - 3 superior court judges / one for juvenile