1. Chapter 13: The Juvenile Justice System

2. Thinking Point
In November, 2008, an 8-year old shot and killed his father and father’s friend. He was mad as his father because his dad instructed his step-mom to spank him 5 times for not bringing home some papers from school. Each victim was shot 5 times with a rifle that had to be reloaded after every shot. The boy had no history of violence and was described as a “happy kid.” He was charged with 2 counts of premeditated murder and AZ law allows 8-year olds to be tried as adults.
Should children at this age be tried as an adult? Why or why not? If not, at what age is it “acceptable” to try them as an adult? If yes, should he be incarcerated with other adults?
The boy confessed without having a parent or lawyer present. Should this make his confession inadmissible in court? Why or why not?

3. Learning Objective 1
Describe the child-saving movement and its relationship to the doctrine of parens patriae

4. The Evolution of American Juvenile Justice
The Child-Saving Movement
Wealthy, civic minded citizens who were concerned with the welfare of disadvantaged children
Argued the state has a responsibility to take control of children who exhibit criminal tendencies or had been neglected by their parents
Instrumental in opening the House of Refuge in 1825
Parens Patriae
The state has a responsibility to look after the well- being of child and to assume the role of parent if necessary

5. Learning Objective 2
List the four major differences between juvenile courts and adult courts

6. The Evolution of American Juvenile Justice Focus
The Illinois Juvenile Court
Established in 1899
Differences from adult court:
No juries
Different terminology
No adversarial relationship
Confidentiality
All states have juvenile courts by 1945

7. The Evolution of American Juvenile Justice
Juvenile Delinquency:
Behavior that is illegal under federal or state law and is committed by someone who is classified as a minor
Status Offender:
A juvenile who engaged in behavior deemed unacceptable for those under a certain statutorily determined age

8. Learning Objective 3
Identify and briefly describe the single most important Supreme Court case with respect to juvenile justice

9. The Evolution of American Juvenile Justice Focus
Most important case:
In re Gault
Other important cases:
Kent vs. United States (1966)
In re Winship (1970)
McKeiver vs. Pennsylvania (1971)
Breed vs. Jones (1975)

10. Major SC cases for Juveniles.
Kent v United States( 1966) Morris Kent, age 14, had a history of house break-ins and attempted purse snatching. Two years later his fingerprints were found in an apartment of a woman who was robbed and raped. He was detained, interrogated, and confessed. A psychiatric evaluation determined he suffered from severe psychopathology and it was recommended he be committed to a psychiatric hospital for observation. The Juvenile Judge waived jurisdiction to superior court without a hearing. The SCOTUS ruled he was entitled to a waiver hearing.

11. In re Gault: Juveniles are entitled to due process;
Cases Continued
In re Gault: Juveniles are entitled to due process;
Notice of the charges
A right to legal counsel
The right against self incrimination
The right to confront and cross examine witnesses.
In re Winship: ( 1970) In juvenile cases the government must prove the case “beyond a reasonable doubt” vs preponderance of the evidence. This is particularly true where the juvenile’s loss of liberty during the confinement in a juvenile training school.

12. Cases continued:
McKeiver v Pennsylvania ( 1971) Juveniles are not entitled to trial by jury in juvenile court proceedings. Trial by Jury, would effectively abolish any significant distinction between juvenile and criminal proceedings.
Breed v Jones (1975) The SCOTUS ruled that Juveniles cannot be tried in criminal court for a crime they were adjudicated for in Juvenile Court. (Double Jeopardy)

13. Thinking Point
In June 2012, the Supreme Court ruled that states may not impose mandatory life sentences without parole on children – even if they were convicted of murder. Nearly 2,000 inmates serving life in prison are now eligible to have their sentences adjusted. This ruling is another victory for juvenile advocates. In 2005, the Supreme Court ruled that the death penalty for juveniles is unconstitutional, and a 2010 decision ended the sentence of life without parole for juveniles who committed non-homicide offenses.
Do you think these recent Supreme Court cases represent a shift away from “crime-control” in the juvenile just system?
Are you surprised by these decisions given the political make-up of the Justices?
Why were these sentencing laws determined to be unconstitutional? What Amendment(s) do you think they violated?

14. Determining Delinquency Today
The Supreme Court decisions from
Moved the juvenile justice system away from parens patriae and towards a more formalized system
Today, the legal status of children in the United States varies depending on where they live, with each state making its own policy on age limits

15. Trends in Juvenile Delinquency
Delinquency by the Numbers
Girls in the Juvenile Justice System
A Growing Presence
Family-Based Delinquency

16. Juvenle Arrest Statistics:Focus
Which year were the most arrests made? Which year the least arrests?

17. Trends in Juvenile Delinquency

18. Arrests for Burglary,larceny/theft, arson, motor vehicle

19. Trends in Juvenile Delinquency
Bullying
Overt acts taken by students with the goal of intimidating, harassing, or humiliating other students
Traditionally has not been viewed as deviant behavior, but this is changing
45 States have anti-bullying legislation

20. Use of Facilities.
Nearly half of all facilities were privately operated, but they held less than 30% of youth in placement in 2014 Proportion of petitioned cases referred Facilities Youth 0% 20% 40% 60% 80% 100% 46% 21% 33% 29% 34% 37% Private State Local Facility operation: Percentage of facilities and youth held Nearly half of training schools and detention centers reported use of isolation to control behavior All facilities Training school Detention center 0% 10% 20% 30% 40% 50% 60% 70% Mechanical restraints† Locked youth in room* Percentage of facilities reporting past month use 23% 24% 46% 62% 47% 43% T

21. Thinking Point “I’m going to kill you LOL” “U R So Dead ;-)”
Are these playful texts or threats?
A group of girls were accused of cyber-bullying for sending these threatening messages and posting them on Facebook. Their school, believing the targeted victims were not safe, suspended the girls who sent the messages. The suspended students are suing the school district, claiming the messages were a joke (as suggested by the smiley face and LOL at the end of the messages) and that the school violated their 1st Amendment Rights by monitoring a conversation that happened off-campus.
Since these messages were sent off campus, do you think the school overstepped their authority in disciplining these girls?
This case highlights the difficultly with interpreting the meaning and intent of text messages, s, and other electronic information. Should the law determine intent by what is written, or by the manner in which it was written?
What are the implications of your answer for prosecuting cyber-bullying crimes?

22. Learning Objective 4
Describe the one variable that always correlates highly with juvenile crime rates

23. Factors in Juvenile Delinquency
Focus: Write the following in your notes.
The age-crime relationship
Almost all kids are involved in some form of criminal behavior, but most of them age out as they get older
Age of onset is a consistent predictor of future criminal behavior
Juvenile resources should be concentrated on the youngest offenders, with the goal of preventing crime and reducing the long-term risks for society

24. Factors in Juvenile Delinquency
Gangs
Who Joins Gangs?
Why Do Youths Join Gangs?
Alienation from families and communities
Sense of identity
Necessity in a high-crime neighborhood
Excitement
Economic incentive
Geography
Gangs and Crime

25. Factors in Juvenile Delinquency

26. Learning Objective 5
Indicate some of the reasons why youths join gangs

27. Factors in Juvenile Delinquency

28. First Contact Police arrest about 1.2 million youth under 18 each year
Police can also act in loco parentis
In the place of the parent, to protect the juvenile
Police have a great deal of discretion in deciding what to do with juveniles
Low-visibility decision making

29. First Contact
In making discretionary decisions, police usually consider:
The nature of the offense
Offender’s past history with the system
Setting of the offense
Ability/willingness of the child’s parents to take disciplinary action
Attitude of the offender
Offender’s race and gender

30. Learning Objective 6
Describe the four primary stages of pretrial juvenile justice procedure

31. First Contact The intake officer has a number of options:
Dismiss the case
Divert the offender
File a petition
Transfer the case to adult court

32. First Contact
Low-risk offenders can be diverted from the formal juvenile justice system
Categories of pretrial diversion:
Probation
Treatment and aid
Restitution
Methods of transfer to adult court:
Judicial waiver
Automatic transfer/Legislative waiver
Prosecutorial waiver
Detention:
Reasons to detain a juvenile:
Threat to the community
To ensure attendance in court
Protection of the child

33. Learning Objective 7
Explain the distinction between an adjudicatory hearing and a disposition hearing

34. Trying and Punishing Juveniles
Adjudication Hearing
The process by which the court determines whether there is sufficient evidence to support the petition
Disposition Hearing
The hearing in which the appropriate sanctions for the delinquent or status offender is determined
Sentencing Juveniles:
The best interests of the child
Judicial discretion
Predisposition report

35. Learning Objective 8
List the four categories of residential treatment programs

36. Trying and Punishing Juveniles
Juvenile corrections is based on the concept of graduated sanctions:
Probation
The most common sanction
Non-secure confinement:
Foster care programs
Group homes
Family group homes
Rural programs
Secure confinement
E.g. boot camp
Aftercare