1. Juvenile Justice System Chapter 15

2. Evolution of the Juvenile Justice System 18 th century children were treated the same as adults Throughout the 1800’s reform began – Separating children from adults – 1899, Illinois created the first “Juvenile Court” – Guided by “parens patraie”-state has the responsibility to look after the well being of children and assume the role of the parent if necessary

3. Evolution of the Juvenile Justice System Juvenile Delinquency – Status Offender-juvenile who has engaged in behavior deemed unacceptable for those under a certain statutorily determined age – Juvenile delinquency-behavior illegal under state law that has been committed by a person who is under an age limit specified by statute

4. Evolution of the Juvenile Justice System Constitutional protections – “Kent vs. U.S.” (1966)- requires hearing and representation when a child’s case may be heard in adult court – “In re gault”-juveniles must be afforded same due process as adults – 1970-beyond a reasonable doubt vs. preponderance of the evidence – 1975-no double jeopardy; can not by tried in both juvenile and adult court – 1971-juveniles do not have right to jury trial

5. Determining Delinquency Today When does culpability begin? – Most researchers say 14 yoa – Juveniles more impulsive, lack judgement – “Roper vs. Simmons” (2005)-forbade the execution of offenders under the age of 18 – “Graham vs. Florida” (2010)-juveniles committing violent crimes except murder must have possibility of parole

6. Trends in Juvenile Delinquency 2010-juveniles were responsible for: – 9% of all murder arrests – 11% of aggravated assault arrests – 14% of forcible rapes – 20% weapon arrests – 24% of robbery arrests – 10% of all drug arrests

7. Trends in Juvenile Delinquency Juvenile crime spiked in mid 90’s, but came back down to “normal” levels in last 5-7 years Girls becoming a growing presence in the system – Police used to allow girls to go free when with boy offenders

8. Trends in Juvenile Delinquency Girls are being arrested at a higher rate for domestic violence, as they are more apt to fight with family School Violence and Bullying – Police becoming more involved in juvenile issues because of trends of violence and bullying

9. Trends in Juvenile Delinquency Factors in Juvenile Delinquency – Family-single parent, drug alcohol abuse, economic issues, gang involvement – School-academic frustration, LD, labeling by teachers, discipline problems – Community-social disorganization, gangs, firearms, high crime, no social/economic opportunities – Peers-delinquent friends, drug use, negative peer pressure – Individual- aggressive behavior, adhd, substance abuse, pessimistic

10. Trends in Juvenile Delinquency The relationship between age and crime – Aging out-criminal activity declines with age – Age of onset-age at which juvenile exhibits juvenile behavior Substance Abuse – 94% of juveniles report some type of substance abuse when committed to detention – Alcohol in 50% to 65% of teenage suicide

11. Trends in Juvenile Delinquency Child Abuse and Neglect – Child Abuse-mistreatment of children physically, emotionally, sexual – Child neglect-child denied certain necessities such as shelter, food, care, and LOVE – Youth gang-self formed group of juveniles with several identifiable characteristics-name, symbols, territory, illegal activities

12. Trends in Juvenile Delinquency Who joins gangs? – 49% hispanic – 35% black – 9% white – 7% everyone else Why youths join gangs? – Community status-high crime, need protection – Excitement – Financial need

13. Trends in Juvenile Delinquency Youth gangs responsible for 50% of all drug sales Juveniles possessing same at risk traits as those juveniles in gangs were less likely to commit crimes Gang members more likely to possess a firearms/weapons

14. Police and Pretrial Procedures Approximately 1.3 million juveniles are arrested a year Low visibility decision making-discretionary power the police have in determining what to do with misbehaving juveniles – nature of offense – Past history – Setting in which offense took place – Parental involvement – Attitude of the offender – Race and gender-not my words, in the book?

15. Police and Pretrial Procedures – Referral-notification process in which LE officer or other concerned citizen makes the juvenile court aware of the juveniles conduct Arrests of minorites – Black juveniles 4x likely to be arrested for violent crime; 2x as likely to be arrested for property crimes as compared to white juveniles – Yet latest study showed nonwhite offenders no more likely than white offenders to be arrested for same delinquent behavior using NIBRS data

16. Police and Pretrial Procedures Failing the attitude test – Hostility and unresponsiveness usually lead to a formal charge Miranda Rights – “Fare vs. Michael C.” (1979), juveniles may waive miranda rights – Courts can look at defendents age when determining whether statement was coerced or not

17. Police and Pretrial Procedures Intake- process in which the court must decide whether to file a petition or place the juvenile under some kind of supervision Petition-document filed with court alleging delinquency or offender requesting the court or adult court hear case Pretrial diversion-low risk offenders; probation, treatment, restitution

18. Police and Pretrial Procedures Transfer to adult court – Methods 1.Judicial waiver-juvenile judge, based on facts transfers case 2.Automatic transfer-transferred based on state law, IE. Murder charge 3.Prosecutorial waiver-depends on age and offense, prosecutor decides which court Approximately 8500 cases passed to adult court, less than.5% of all cases

19. Police and Pretrial Procedures Detention- temporary custody of juvenile in a secure facility after petition issued, based on crime, record, family, protection of child Detention hearing- hearing determining if juvenile should be detained or remain detained

20. Juveniles on Trial Adjudicatory hearing- the process in which juvenile court determines whether there is sufficient evidence to support petition Disposition hearing- juvenile judge or intake officer decides punishment Predisposition report- provides the judge with relevant info to aid in his decision making process Great deal of discretion in juvenile courts

21. Juveniles on Trial Graduated sanctions-practical theory that a delinquent or status offender should receive punishment that matches seriousness of offense Probation most common form of punishment

22. Juveniles on Trial Two forms of confinement 1.Nonsecure- residential treatment programs Foster care Group homes Family group homes Rural programs-camps, farms, ranches 2.Secure-jail, prison Boot camps-shock incarceration Training school-mimic adult prisons Aftercare- therapeutic, educational, and counseling programs made available to juvenile delinquents after release