Juvenile Justice YouTube - Children Given One Strike: A Lifetime Without Redemption (A Penn Law VLA Production) YouTube - Children Given One Strike: A Lifetime Without Redemption (A Penn Law VLA Production) YouTube - Children Given One Strike: A Lifetime Without Redemption (A Penn Law VLA Production)

 A 12-year-old attacks a woman walking down the street and grabs her purse

 A 16 year old body does the same thing to another woman on another street.

 A 19 year old young man attacks a third woman and takes her purse

 The police arrest all three.  Do their ages make a difference in what happens to them following arrest?

Yes!  Age determines which institution will process these cases and what procedures will govern the process

 Why is this?

 There is a different structure for adults and juveniles.

History of Juvenile Law

18 th Century  Little distinction was made in the criminal culpability (responsibility) of children and adults. Juveniles as young as seven could be tried and sentenced in criminal courts.

 Psychologists began to notice the developmental difference between adults and juveniles.  Reformers argued that children should be removed from adult prisons

 In 1825 the 1 st institution designed for juvenile delinquents Juvenile institutions included a significant educational and rehabilitative component Juvenile institutions included a significant educational and rehabilitative component “child savers”“child savers”

 1899 first juvenile court was established – Illinois Goal was rehabilitative and not punitive, no due process protections Goal was rehabilitative and not punitive, no due process protections Judges had a lot of discretion in order to achieve the goal of individualized rehabilitative justice Judges had a lot of discretion in order to achieve the goal of individualized rehabilitative justice

 1960s – not much rehabilitation going on – warehoused in institutions; not much different from an adult prison.  If they were going to be treated as adults in the sentencing phase, they should offer protections that adults get. Challenged the broad discretion given to judges Challenged the broad discretion given to judges

 Some court cases that helped establish due process for juveniles Preventative detention - - not giving the option of bail was unconstitutional Preventative detention - - not giving the option of bail was unconstitutional Sentencing a juvenile to death is considered cruel and unusual punishment Sentencing a juvenile to death is considered cruel and unusual punishment Notifying parents of charges Notifying parents of charges Juveniles get formal hearings, protection against self-incrimination, notice of charges, c-x of witnessesJuveniles get formal hearings, protection against self-incrimination, notice of charges, c-x of witnesses

Early 1970s  Juvenile institutions are attacked as cruel and unusual punishment More preventative and community-based programs More preventative and community-based programs Development of group homes and halfway housesDevelopment of group homes and halfway houses

This is short-lived  Conservative “get tough” approach to crime  1990s becomes easier to try kids as adults  The system is turning back toward treating juvenile offenders like adults.

 States struggle with the following questions: At what age do children understand what they are doing? At what age do children understand what they are doing? When are children no longer served by the rehabilitative nature of juvenile courts? When are children no longer served by the rehabilitative nature of juvenile courts? Are programs cost effective Are programs cost effective

 Juvenile Services Juvenile Services Juvenile Services  County Home Schools  Treatment facilities throughout MN

Juvenile Justice System Criminal Justice System Limitations are placed on public access – avoid stigmatization – court proceedings are confidential ***sex offenders*** Open access to criminal records. All court proceedings are open to the public At trial -- needs/issues of juveniles are taken into account as are legal factors Trial is based solely on legal facts

Not all states afford juveniles the right to a jury trial – MN does not unless you are tried as an adult (can be certified as young as 14) Guaranteed a jury trial If you are found guilty – judged as delinquent – offender’s history/severity and rehabilitation pieces all go into sentencing decision Judged guilty/not guilty. If guilty, sentencing based on history and severity of crime. Parole – surveillance and activities to reintegrate the juvenile into the community Parole is based on surveillance and monitoring of illegal behavior