1. Chapter 13: Juvenile Court Process: Pretrial, Trial, and Sentencing

2. LEARNING OBJECTIVES  
After reading this chapter, students should be able to:
1. Understand the roles and responsibilities of the main players in the juvenile court
2. Be able to discuss key issues of the pre-adjudicatory stage of juvenile justice
3. Be able to argue the pros and cons of transferring youths to adult court
4. Understand key issues of the trial stage of juvenile justice
5. Be familiar with major U.S. Supreme Court decisions that have influenced the handling of juveniles at the pre-adjudicatory and trial stages

3. The Juvenile Court and Its Jurisdiction
An independent juvenile court is a specialized court for children
Promotes rehabilitation and ensures procedural due process
Acts both in the best interest of the child and in the best interest of public protection
Court Case Flow
1.5 million delinquency cases in 2009
A recent downward trend has been observed (between )
Gender and race differences exist
73% involve males; 19% involved females
34% involved African American youth
LO1.

4. The Actors in the Juvenile Courtroom
Defense Attorney
Juveniles have right to counsel at state trials
Courts must provide counsel to indigent youth who face the possibility of incarceration
Role is to help clarify jurisdictional problems, decide if there is sufficient evidence to file formal petition, outline position, explore informal adjustment opportunities, play critical role in disposition and pursue appeals if needed
Guardian ad Litem (GAL)
Seen in abuse, neglect, and dependency cases
Appointed in delinquency cases if there is a need for treatment
Court Appointed Special Advocates (CASA)
Volunteers who advise court about child placement
LO1.

5. The Actors in the Juvenile Courtroom
Public Defender Services for Children
Three ways to ensure public defense for juveniles:
All public defender program
Appointed private-counsel system
Combination of two
The Prosecutor
Responsible for bringing state’s case against accused juvenile
Has power to initiate or discontinue delinquency or status offenses cases
LO1.

6. question
1. According to the text, ______ percent of the juvenile court population was made up of African American youth.
a. 34
b. 19
c. 39
d. 49

7. question 2. What is not a role of the juvenile defense attorney?
a. Helps to clarify jurisdictional problems
b. Outlines the child’s position regarding detention hearings and bail
c. Represents the child at adjudication
d. Makes decisions about the continued detention of children prior to trial

8. The Actors in the Juvenile Courtroom
Juvenile Court Judge
Central character in the juvenile court
Exercise considerable leadership in developing juvenile justice system solutions
Parens patriae:
Must ensure that necessary community resources are available
Duties include:
Ruling on pretrial motions
Deciding about continued detention of juvenile
Accepting or rejecting plea-bargaining agreements
Handle trials, rule on evidence/procedures, guide questioning of witnesses
Assume responsibility for holding disposition hearing
Handle waiver proceedings
Handle appeals when needed
LO1.

9. question
3. A ______________________ is appointed by the court and advocates on behalf of the youth's best interest, especially in abuse, neglect, and dependency cases.
a. defense attorney
b. court appointed counsel
c. guardian ad litem
d. ombudsmen

10. question
4. The ___________________ is the attorney responsible for bringing the state's case against the accused juvenile.
a. district attorney
b. court appointed special advocate
c. guardian ad litem
d. defense attorney

11. Juvenile Court Process
Many decisions are made during the pretrial process and the juvenile trial and disposition:
Whether to waive youths to the adult court
Whether to treat them in the community or send them to a secure treatment center
LO2.

12. Detain Release or Detain?
After custody and formal petition, decision must be made to release or detain
Detention involves placing juvenile in temporary care of state in a physically restrictive setting
Detention is limited to juveniles who require secure custody for protection of self or others
Dependent, neglected, and abused youths are often housed with status offenders and delinquents in detention
Current efforts seek to remove status offenders from secure detention
A New Jersey study found that ¼ of detained youths were inappropriately detained 12
LO2.

13. Detain National Detention Trends
21% of juvenile arrests result in detention
Typical detainee
Male
Over 16
Charged with violent crime
Detention increases risk of being adjudicated
Racial disparities exist at this stage
LO2.

14. Detain The Decision to Detain:
If the youth in question is believed to be inclined to run away while awaiting trail, he/she is more likely to be detained
Youths are more likely to be detained if they are thought likely to commit an offense that’s dangerous to their parent(s)
Minority youths are more likely to be detained, especially if they are from lower-class areas
To detain, there must be clear evidence of probable cause that the child has committed the offense and will flee if not detained
LO2.

15. question
5. What percent of juveniles are detained in delinquency cases?
a. 10%
b. 21%
c. 33%
d. 47%

16. question
6. The typical delinquent detainee is all of the following except:
a. over sixteen years of age
b. charged with a violent crime
c. a racial or ethnic minority
d. Female

17. Detain New Approaches to Detention
Move to improve conditions of detention
JJDPA (1974)
Prohibits detention of juveniles in adult jails and lockups
Prohibits the detention of status offenders in secure confinement
Juveniles in most states do not have constitutional right to bail
Preventative detention is allowed per Schall vs. Martin (June 4, 1984) 17
LO2.

18. Juveniles Abused in Detention Center – Current Example
A 13-year-old detainee claimed to be abused inside the Shelby County Juvenile Center, located in Tennessee (2012). Kids were given 3 squares of toilet paper instead of rolls. He was kept in his room while other kids were let out, and he witnessed the use of restraining chairs and pressure point tactics on the other kids. (Note: both tactics were eliminated after the DOJ’s investigation).
What should be the purposes of putting kids in detention centers?
How is the function of detention centers different from juvenile halls or other juvenile facilities?
LO2.

19. detention
7. The United States Supreme Court upheld the practice of preventive detention in _____________________. They argued that the practice protects the juvenile and society from pretrial crime.
a. Schall v. Martin
b. In re Gault
c. In re Winship
d. McKeiver v. Pennsylvania

20. The Intake Process Screening of cases by juvenile court system
Determine whether juvenile court services are needed
Common actions include:
Sending the youth home with no further action
Diverting the youth to a social agency
Petitioning the youth to juvenile court
Detaining the youth
Allows for use of consent decrees without formal adjudication
LO2.

21. The Intake Process Problems with intake:
Lacks consistency regarding the formal criteria for processing
Legal issues:
Whether the child has a right to counsel
Whether the child is protected against self-incrimination
To what degree the child needs to consent to nonjudicial disposition
Intake dispositions are often determined by the prior record rather than the seriousness of the crime or social background of the child
Race has shown to influence intake decisions
LO2.

22. Diversion Non-judicial disposition
Process of placing youths in treatment programs prior to formal processing to avoid stigma and labeling
Choosing youths for diversion program:
First-time nonviolent offenders
Status offenders
Drug or alcohol-dependent youths
Critics argue:
“Widening the net”
Ineffective 22
LO2.

23. The Petition
The petition is a formal complaint that initiates judicial action against a juvenile charged with delinquency or a status offense
If a child does not admit to any of the facts in the petition, then a date is set for a hearing and a predisposition report will be prepared by the probation department
LO2.

24. The Plea and Plea Bargaining
Plea bargaining involves exchange of concessions for guilty pleas, usually resulting in a reduced charge
90% of all adult defendants plead guilty
Plea bargaining is less
common in juvenile courts
due to lack of incentive
Plea bargain must be entered
into voluntarily and knowingly 24
LO2.

25. question
8. One of the most important alternatives chosen at intake is non-judicial disposition, or as it is most commonly known:
a. Diversion
b. Discretion
c. net widening
d. Probation

26. question
9. The most damaging criticism has been that diversion programs are involving children in the juvenile justice system who previously would have been released without official notice. This is referred to as:
a. diversion
b. discretion
c. net widening
d. probation

27. Transfer to Adult Court
Involves transferring juvenile from juvenile court to adult criminal court
All states allow juveniles to be tried as adults in one of the three ways:
Concurrent jurisdiction
Statutory exclusion:
Accounts for the largest number of juveniles tried as adults
Judicial waiver
LO3.

28. Due Process in Transfer Proceeding
Standards set by state statute
Some allow for youths to be transferred to adult court if they are between the ages of 14 and 17
Other states restrict waiver proceedings to mature juveniles and specify particular offenses that are eligible for waver
Few states allow transfer of any child, regardless of age
Kent vs. US (1966)
States must provide a legitimate transfer hearing
Sufficient notice must be given to the child’s family and defense attorney
Child has the right to counsel
There must be a statement of the reason for the court order regarding transfer
LO3.

29. question
10. In about fifteen states, the prosecutor has the discretion of filing charges for certain offenses in either juvenile or criminal court, this is called:
a. reverse waiver
b. concurrent jurisdiction
c. judicial waiver
d. statutory exclusion

30. Due Process in Transfer Proceeding, cont.
Breed vs. Jones (1975)
It prohibits trying a child in an adult court when there has been a prior adjudicatory juvenile proceeding:
Double jeopardy
Probable cause may exist at a transfer hearing
Since same evidence is often used in both the transfer hearing and subsequent trial, a different judge is often required for each hearing 30
LO3.

31. Due Process in Transfer Proceeding
Cons:
Juveniles, particularly younger ones, may not be competent to be tried as adults
Waiver can also create long-term harm
Those who are given a waiver are often stigmatized by a conviction in the criminal court
Waivers don’t always support the goal of increased public protection
Waiver can add an undue burden to youthful offenders
Transfers are not always fair and equitable
LO3.

32. question
11. Which of the following best describes the United States Supreme Court's ruling in Breed v. Jones?
a. youths have the right to procedural due process in waiver hearings
b. youths are protected against unreasonable searches and seizures
c. youths are protected against double jeopardy
d. youths can be held in preventive detention if they are a flight risk or a threat to the community

33. Due Process in Transfer Proceeding
Pros:
It coincides with the “get-tough” policy
Waiver is superior to alternative methods for handling the most serious juvenile offenders
Its continued use can be attributed to concerns about the most serious and violent youth offenders
LO3.

34. Figure 13.1 Delinquency Cases Waived to Criminal Court

35. Young Offenders in Adult Court – Current Example
In 2010, 16-year-old Ryan Ray was charged with first-degree-murder for killing a Kentucky man. He was transferred to adult court and faced a life sentence. Ray is only one of the increasing number of violent juvenile offenders waived to adult court in Florida.
Should kids under 18 be tried as adults?
Do you believe the juvenile justice system is equipped to handle young violent offenders?
Do you believe adult court can better handle these young offenders?
LO3.

36. Juvenile Court Trial Called adjudication hearing
Standard of proof is beyond a reasonable doubt
State juvenile codes vary with regard to the basic requirements of due process
Three possible resolutions of hearing:
Finding that the juvenile is not delinquent/in need of supervision
Finding that juvenile is delinquent/in need of supervision
Dismissal of case due to insufficient evidence 36
LO4.

37. Constitutional Rights at Trial
In re Gault (1967)
Made due process applicable to juvenile proceedings:
Notice of charges
Right to counsel
Right to confront/cross examine witnesses
Privilege against self incrimination
Right to transcript
Right to appellate review
McKeiver v. Pennsylvania (1971):
Jury trail in juvenile courts is not a constitutional requirement
LO4.

38. Disposition Sentencing phase of juvenile court
Decisions based on best interest of the child
Predisposition report is critical at this stage
It helps the judge decide which disposition is best
It aids the juvenile probation officer in developing suitable treatment programs
It helps the court develop a body of knowledge about the child that can aid others treating the child
Courts have wide discretion at this stage
A graduated sanction program:
Immediate sanctions, intermediate sanction, secure care 38
LO4.

39. Juvenile Sentencing Structure
Disposition is based on the needs of the child
Least detrimental alternative
Indeterminate sentence
Traditionally
Determinate sentence
Mandatory sentence
For serious juvenile offenders
Sentencing Reform
Some reduce judicial discretion, others create mandatory sentencing policies for juveniles
New York State:
Get-tough-on-crime measure
WA Juvenile Justice Reform Act of 1977
Blended sentence:
Integrate punishment/accountability and rehabilitation
LO4.

40. Death Penalty for Juveniles
Roper v Simmons (2005)
Found it unconstitutional for juveniles under 18 to be sentenced to death
Found to be a violation of 8th amendment protection against cruel and unusual punishment
Past cases addressing this issue:
Thompson v Oklahoma (1988)
Wilkins v Missouri (1989)
Stanford v Kentucky (1989) 40
LO5.

41. Life Without Parole for Juveniles
Debate surrounds this issue
Critics argue:
Roper v Simmons sets forth rationale for eliminating LWOP for juveniles
Advocates argue:
That death is different than LWOP
Graham v. Florida (2010)
Ends the practice of LWOP for juveniles convicted of non-homicide crimes
LO5.

42. Life Without Parole – Current Example
With a split vote of 5-4, on June 26, 2012, the US Supreme Court ruled that juveniles who commit murder cannot be sentenced to life without parole for crimes that involve murder.
What is your opinion on this ruling?
LO5.

43. question
12. In Roper v. Simmons, the U.S. Supreme Court put an end to:
a. the practice of requiring bail from minors
b. the practice of the death penalty for juveniles
c. the practice of sentencing juveniles to life in prison without the possibility of parole
d. none of the above

44. The Child’s Right to Appeal
Restricted to cases involving final order
Appellate process allows juveniles the opportunity to have the court review their case
In re Gault bestowed this right upon juveniles
Today, most jurisdictions provide juveniles with some form of appeal:
Direct appeal
Collateral review 44
LO5.

45. Confidentiality in Juvenile Proceedings
Two issues:
Open vs. closed hearing
Juvenile proceedings are generally closed to the public
More states are opening proceedings to public
Three US Supreme Court cases: Davis v. Alaska, Oklahoma Publishing Co. v. District Court and Smith v. Daily Mail Publishing
Privacy of juvenile records
Juvenile records have historically been kept confidential
However, many states allow records to be opened by court
LO5.

46. Future of Juvenile Court
Critics:
Criminalization of juvenile court
Loss of focus on rehabilitation
Juvenile court becoming more like adult court
Advocates:
Treatment programs effective
Rehabilitative efforts successful
Suggestions:
Juvenile court and juvenile justice system need to be guided by a core set of rational and science-based principles
LO5.

47. question
13. Gerald is 16 years old and is on trial for a double homicide in a criminal court. In the state where he was charged, the prosecutor decides what court to file charges.
If Gerald is acquitted in criminal court, what U.S. Supreme Court case ensures he cannot be tried again in juvenile court?
a. Roper v. Simmons
b. Miller v. Alabama
c. Breed v. Jones
d. McKeiver v. Pennsylvania

48. question
14. Gerald is 16 years old and is on trial for a double homicide in a criminal court. In the state where he was charged, the prosecutor decides what court to file charges.
If Gerald is convicted in a criminal court of homicide, what sentencing option(s) does the jury have?
a. Death penalty
b. Life with parole
c. Life without parole
d. All are options