1. AJS101 (40384)
Monday, October 3, 2016
Time Keeper

2. JUVENILE JUSTICE SYSTEM

3. Origin of the juvenile justice system
Before this system was established, adults and juveniles were treated the same as adults by courts and judges – Common Law Doctrine
A juvenile age 7 or older could be treated the same way as an adult
Same Court
Juveniles Housed in Prison with adults
Death Penalty

4. 1800’s – FIRST separate institutions
Early 1800’s –To Separate Juveniles from Adults
1899 – FIRST JUVENILE COURT
Cook County Illinois ?
Why should there be separate institutions for juvenile offenders?
Questions:
1. Why should there be separate systems for juvenile offenders? – less mature and have not developed the same level of intent as adults and they could easily be rehabilitated

5. PARENS PATRIAE “state as parent” – usually the district attorney
JJS founded on the belief of parens patriae
A legal doctrine in which the state plays the role of the parent
The state acting through a juvenile court judge, can act in the role of the parent for the juvenile – when parents are deemed incapable or unwilling to control their children
Do whatever was in the “best interest of the child” just as parents should

6. Juvenile court jurisdiction
Authority granted by law to Hear a case
State Law referred to as juvenile or family code, determines the jurisdiction of the juvenile court
Two Factors: 1. what acts committed does the court have jurisdiction over; 2: What age does an individual have to be
Other Case Types with jurisdiction
Child abuse
Neglect cases
TPR/adoption
Child custody and child support (Some states separate these matters into family court, probate and child welfare courts)

7. (ADJC – Arizona Department of Juvenile Corrections)
DEFINE: DELINQUENCY
Any behavior that is prohibited by juvenile law of a state
Juvenile court has jurisdiction over all acts of delinquency
Each state defines it differently, but there has to be two categories
1. An act committed by a juvenile that would be defined as a crime if committed by an adult (theft, burglary, assault, robbery, etc.)
2. Status Offenses - an act that would not be a crime if committed by an adult, but an act of delinquency if committed by a juvenile (skipping school, running away, violating curfew, illegal purchase of alcohol, smoking, underage drinking, etc.)
ARIZONA DEFINITION
(ADJC – Arizona Department of Juvenile Corrections)
Most states define status offenders as delinquents. The other states have established categories: This removes the stigma of being juvenile delinquent – these children have special needs
TYPES OF STATUS OFFENDERS
CHINS or CINS – children in need of supervision
PINS – persons in need of supervision
JINS - juveniles in need of supervision
MINS – minors in need of supervision

8. Define: juvenile Each state has defined Juvenile
Only difference between juvenile and adult is age
“an individual who falls within a specified age range and is subject to the jurisdiction of juvenile court”
Age is the only difference between a delinquent and criminal
Juvenile – certain age
Delinquent – certain crime

9. Maximum age of jurisdiction
WHAT IS THE MAXIMUM AGE OF JUVENILE JURISDICTION IN ARIZONA?
If a individual is above the maximum age – they are considered an adult and processed in the criminal justice system
(a 17 year old who commits a crime is processed in juvenile court, while an 18 year old who commits the same crime is processed in adult court)
As you can see, there is no magic age, it is left up to the states discretion; no universal agreed upon age as to when a person stops being a juvenile
Every state has a maximum, but not every state has a minimum age

10. The language of the juvenile justice system
One of the goals for separating the two systems, was to take away the stigma so there could be rehabilitation
Stigma – criminal attached interfered with rehabilitation
So a different set of terms was established

11. In the courts

14. THE JUVENILE JUSTICE SYSTEM

15. Juvenile Arrest and Detention Process

16. HOW DOES A JUVENILE GET INTO THE FORMAL SYSTEM
Law Enforcement – see the juvenile in a delinquent act
1. Refer the Juvenile to Juvenile Intake, Or
2. Refer the Juvenile into Diversion Program, where the juvenile could receive some type of service and be released to the parent
3. If the juvenile is held in custody, the probation or prosecutor must review the allegations and make a decision as to the next step
A. Dismiss the case and release to parent
B. Handle the matter informally – Consent Decree
C. File a Petition for formal intervention

17. Cases that are Dismissed
Usually minor offenses
First-time Offenders
Not enough evidence to prosecute
44% of all cases referred are dismissed and handled informally
Consent Decree – Juvenile agree to certain conditions in exchange for a dismissal
Pay restitution – a sanction by which a juvenile pays the victim for the harm done
Counseling
Community Service – sanction for volunteer work
Attend School
Obey Curfew
If the juvenile does not meet conditions, case referred for formal proceedings

18. DETAINED OR RELEASED Decide whether to detain or release to community
Most are not held prior to adjudication
Juveniles are held if:
Threat to Community
In danger if returned to community, harmed by others
Flight risk
Questions:
1. Why should there be separate systems for juvenile offenders? – less mature and have not developed the same level of intent as adults and they could easily be rehabilitated

19. Once an Intake Officer decides to process the juvenile formally
The FORMAL PROCESS
Once an Intake Officer decides to process the juvenile formally
Defined: The system of agencies that is designed to handle juvenile offenders: Prosecutors, Probation Officers, Police, Judges, Lawyers. Because of the recent shootings, some police are located in the schools

20. CASE IS GIVEN TO PROSECUTOR’S OFFICE
1. PROCECUTOR (Represents the State)
Receives and Reviews the Case
File a Petition, which states the allegations and ask the courts to adjudicate the juvenile
If the prosecutor does not file a petition, the case is dismissed at that time and the juvenile is released
Waive to Adult court, juvenile court relinquish jurisdiction to adult court and treated as a criminal in adult court, including the death penalty

21. IF A PETITION IS FILED 2. AJUDICATION and DISPOSITION
Defined: Decision by a juvenile court judge that a juvenile committed the delinquent act
This usually has to be done within a tight time limit
After a juvenile has been determined delinquent, a juvenile court judge will hold a disposition hearing
The most common DISPOSITION is:
Probation – allows the juvenile to live in the community as long as he/she abide by certain conditions of probation. For a specific period of time
Attend School, Counseling, perform community service, pay victim restitution, etc.
If conditions are not met, PROBATION IS REVOKED AND THE CASE REFERRED BACK TO COURT!

22. CON’T DISPOSITION Residential Placement – Another type of disposition
Juvenile is placed outside the home
Institution, Camp, Group Home, Residential Treatment
May be publically or privately owned
Once release – has to serve a period of AFTERCARE
Still under supervision
May be sent to Criminal Justice System from treatment facility if:
1. Commits a crime while in the facility and has aged out
2. Commits violent offense
Most states define status offenders as delinquents. The other states have established categories: This removes the stigma of being juvenile delinquent – these children have special needs
TYPES OF STATUS OFFENDERS
CHINS or CINS – children in need of supervision
PINS – persons in need of supervision
JINS - juveniles in need of supervision
MINS – minors in need of supervision

23. PRISON KIDS

24. Homework
Critical Thinking Exercise – Due 10/5
Module 7