1. The Juvenile Justice System13
CHAPTER
The Juvenile Justice System

2. The Evolution of American Juvenile Justice
The Child-Saving Movement
At the beginning of the 1800s, juvenile offenders were treated the same as adult offenders
Child saving organizations convinced local legislatures to pass laws that allowed them to take control of children who exhibited criminal tendencies or had been neglected by parents
Based on Parens Patriae
The state has a responsibility to look after the well- being of child and to assume the role of parent if necessary
Institutions were open to separate children from their environment
New York’s House of Refuge opened in 1825

3. The Evolution of American Juvenile Justice
The Illinois Juvenile Court
Established in 1899
The first court specifically for juveniles based on the premise that children are not fully responsible for criminal conduct and are capable of being rehabilitated
Differences from adult court:
No juries
Different terminology
No adversarial relationship
Confidentiality
By 1945 every state had a juvenile court modeled after Illinois
Learning Objective #1: List the four major differences between juvenile courts and adult courts.

4. The Evolution of American Juvenile Justice
Status Offending:
Status offenders are juveniles who have engaged in behavior deemed unacceptable for those under a certain statutorily determined age
Only illegal because of the age of the offender
Juvenile Delinquency:
Behavior that is illegal under federal or state law that has been committed by a person who is under an age limit specific by statute

5. The Evolution of American Juvenile Justice

6. The Evolution of American Juvenile Justice
Constitutional Protections and the Juvenile Court
There was a lack of procedural protections in the juvenile court
In the 1960s and 1970s the Supreme Court issued several rulings that significantly changed the juvenile justice system
Kent vs. United States (1966)
Juveniles have a right to counsel and a hearing if the judge is considering sending the case to adult court
In re Gault (1967)
Considered to be the most important case concerning juvenile justice
Juveniles are entitled to many of the same basic procedural safeguards granted to adult offenders
Other Important Court Decisions
In re Winship (1970)
Breed vs. Jones (1975)
Learning Objective #2: Identify and briefly describe the single most important U.S. Supreme Court case with respect to juvenile justice.

7. Discussion Question #1
About 140,000 status offenses are processed by juvenile courts in the United States each year.
The most common status offenses are:
Truancy (skipping school)
Liquor law violations
Running away from home
Curfew violations
Should the government continue to regulate this behavior or should the families of the children be the ones to “handle” these situations?
What are the pros and cons associated with the government handling these violations?
What are the pros and cons associated with allowing the families to handle these violations?

8. Determining Delinquency Today
Major court cases moved the juvenile justice system away from parens patriae and towards a more formalized system similar to the adult system
The Age Question
The majority of states allow for the prosecution of juveniles fifteen years of age and younger as adults
Juveniles cannot remain incarcerated in juvenile detention centers past their 18th or 21st birthdays
The Culpability Question
When do juveniles theoretically understand the difference between right and wrong?
Should juveniles be held to the same standards of competency as an adult?
Juvenile Behavior
Diminished Guilt
Roper v. Simmons (2005)
Graham v. Florida (2010)
Miller v. Alabama (2012)
Learning Objectives #3: Describe the reasoning behind recent U.S. Supreme Court decisions that have lessened the harshness of sentencing outcomes for violent juvenile offenders.

9. Trends in Juvenile Delinquency

10. Trends in Juvenile Delinquency
Delinquency by the Numbers
In 2012 juveniles accounted for 11.7% of violent arrests and 10.8% of criminal activity arrests in general
The Rise and Fall of Juvenile Crimes
Juvenile arrest rates for violent crimes have fluctuated dramatically over the past three decades
In the 2000s, juvenile crime rates decreased at a rate similar to adults
Various theories to explain the decrease in juvenile offending
Girls in the Juvenile Justice System
Arrest rates for girls are declining more slowly than those for boys
A Growing Presence
Family-Based Delinquency
Learning Objective #4: Explain how law enforcement’s emphasis on domestic violence has influenced female juvenile arrest patterns.

11. Trends in Juvenile Delinquency
School Violence and Bullying
Safe Schools
Juvenile victimization and delinquency rates increase during the school day
The most common juvenile crimes are most likely to take place on school grounds
Violent crime is not commonplace in American schools
Because of a few high profile cases schools are using security cameras, controlling access and becoming less forgiving places
Bullied Students
Bullying is defined as overt acts taken by students with the goal of intimidating, harassing, or humiliating other students
Can include physical abuse, verbal abuse, social and emotional abuse, cyber abuse

12. Discussion Question #2
As a result of some of the recent high profile school shootings some administrators are calling for increasing security measures at all schools.
What are your thoughts about the following recommendations?
Placing an armed law enforcement officer in every school
Permitting school teachers to be armed with a firearm while inside the school
Do you have other recommendations that you believe would be more appropriate?

13. Factors in Juvenile Delinquency
The age-crime relationship
The older a person is the less likely he or she will exhibit criminal behavior
Aging out explains the fact that criminal behavior declines with age
Age of onset is the age at which a juvenile first exhibits delinquent behavior
Consistent predictor of future criminal behavior
Juvenile justice resources should be concentrated on the youngest offenders, with the goal of preventing crime and reducing the long-term risks for society
Learning Objective #5: Describe the one variable that always correlates highly with juvenile crime rates.

14. Factors in Juvenile Delinquency
Substance Abuse
Plays a strong role in criminal behavior for adults and juveniles
Strong Correlation
Drug use is associated with a wide range of antisocial and illegal behaviors by juveniles
Strong Causation?
Most youths who become involved in antisocial behavior do so before their first experience with alcohol or drugs
Substance abuse is a form of delinquent behavior rather than a cause

15. Discussion Question #3
Recently there have been two states to pass laws to decriminalize the sale and possession of marijuana.
There is still a very heated debate occurring in many other states to continue to criminalize the sale and possession of marijuana.
Imagine you are a state lawmaker and this debate is occurring in the legislature.
Discuss the relationship between marijuana use and other criminal acts.
Do you believe that decriminalizing marijuana would increase juvenile crime rates in your state?

16. Factors in Juvenile Delinquency
Child Abuse and Neglect
Child Abuse is defined as the infliction of physical or emotional damage on a child
Child neglect refers to deprivations children undergo by their parents
Love
Shelter
Food
Proper care
One in ten children in the United States experience mistreatment at the hands of a close family member
Children who experience neglect or violence in their home suffer from physical, emotional, and mental health problems at a much greater rate than their peers

17. Factors in Juvenile Delinquency

18. Factors in Juvenile Delinquency
Gangs
Youths will turn to the peers when they cannot find the stability and support they require in their family structure
A gang is viewed as a group of three or more people who:
Self-identify as an entity separate from the community by special clothing, vocabulary, hand signals, and names
Engage in criminal activity
Estimated to be 30,000 gangs with approximately 785,000 members in the United States
Juveniles who experience previously discussed risk factors are more likely to join a gang

19. Factors in Juvenile Delinquency
Gangs
Who Joins Gangs?
Average gang member is years old
Gangs tend to have racial or ethnic characteristics
46% of gang members are Hispanic
35% of gang members are African American
11% of gang members are White
Researchers do not believe that race or ethnicity is the dominant factor in gang membership
Gang members seem to come from lower-class or working-class communities
Starting to see an increasing number from the suburbs and rural counties
A very small percentage of youth gang members are female

20. Factors in Juvenile Delinquency
Gangs
Why Do Youths Join Gangs?
Identity
Protection
Fellowship
Criminal activity
Intimidation

21. First Contact: The Police and Pretrial Procedures
Police Discretion and Juvenile Crime
Police arrest about 1.1 million youth under 18 each year
Police power with regard to juveniles is greater than with adults
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 who have committed crimes or status offenses
Low-visibility decision making
A term used to describe the discretionary power police have in determining what to do with misbehaving juveniles

22. First Contact: The Police and Pretrial Procedures
The police are usually the ones to refer a juvenile to the court system
Anyone with a valid reason, including parents, relatives, welfare agencies, and school officials, can initiate a referral to the juvenile court
Police generally consider the following factors in making their discretionary decisions:
The nature of the child’s offense
The offender’s past history of involvement with the juvenile justice system
The setting in which the offense took place
The ability and willingness of the child’s parents to take disciplinary action
The attitude of the offender
Learning Objective #6: List the factors that normally determine what police do with juvenile offenders.

23. First Contact: The Police and Pretrial Procedures
Intake
The process by which an official of the court must decide whether to file a petition, release the juvenile, or place the juvenile under some other form of supervision
A petition is a formal document filed with the court alleging that the juvenile is a delinquent or a status offender
Requests that the court either hear the case or transfer the case to adult court
Learning Objective #7: Describe the four primary stages of pretrial juvenile justice procedure.

24. First Contact: The Police and Pretrial Procedures
Pretrial Diversion
Diversion refers to the process of removing low-risk offenders from the formal juvenile justice system by placing them in community-based rehabilitation programs
Three categories of diversion
Probation
Treatment and aid
Restitution
Proponents of diversion believe that labeling juveniles as delinquent leads to further delinquent behavior
Learning Objective #7: Describe the four primary stages of pretrial juvenile justice procedure.

25. First Contact: The Police and Pretrial Procedures
Transfer to Adult Court
The American juvenile justice system has shifted away from ideals of treatment and toward punishment
Transfer to adult court has been one of the most popular means of “getting tough” on delinquents
Each year, six thousand delinquent youth are waived to adult criminal court
Judicial transfer
Juveniles are most commonly transferred to adult courts through a judicial waiver
The judge makes the decision based on the offender’s age, the nature of the offense, and any criminal history
Other methods of transfer
Automatic transfer (legislative waiver)
Prosecutorial waiver
Learning Objective #7: Describe the four primary stages of pretrial juvenile justice procedure.

26. First Contact: The Police and Pretrial Procedures
Detention
Intake officers may place the offender in detention in a secure facility until the disposition process begins
Most jurisdictions require a detention hearing be held within twenty-four hours
Issues to consider to justify detention
Whether the child poses a danger to the community
Whether the child will return for the adjudication process
Whether defendants will provide protection for the child
Learning Objective #7: Describe the four primary stages of pretrial juvenile justice procedure.

27. Trying and Punishing Juveniles
Adjudication
The process by which the court determines whether the offender is delinquent or in need or some form of court supervision
Most state juvenile codes dictate a specific set of procedures that must be followed in the adjudicatory hearing
At the end of the adjudicatory hearing, the judge is generally required to rule on the legal issues and evidence that have been presented
The judge will determine whether the respondent is delinquent or in need of court supervision
Learning Objective #8: Explain the distinction between an adjudicatory hearing and a disposition hearing.

28. Trying and Punishing Juveniles
Disposition
Once a juvenile has been adjudicated delinquent, the judge must decide what steps will be taken toward treatment and/or punishment
Most states provide for a separate disposition hearing following the adjudicatory hearing
Sentencing Juveniles
Judges will usually order a predisposition report
Provides the judge with relevant background material to aid in the disposition decision
Judicial Discretion
Judges have a great deal of discretion in choosing one of several disposition possibilities
The judge can choose between incarceration, probation, or community treatment
The judge will consider the seriousness of the offense, history of delinquency, family situation, and the offender’s attitude
Learning Objective #8: Explain the distinction between an adjudicatory hearing and a disposition hearing.

29. Trying and Punishing Juveniles
Juvenile corrections is based on the concept of graduated sanctions and is based upon the punishment matching in seriousness the severity of the wrongdoing
Probation
The most common form of juvenile corrections is probation
The majority of juveniles will never receive a disposition more severe than probation
The organization of juvenile probation is similar to adult probation
Confining Juveniles
About 70,000 American youths are incarcerated in juvenile correctional facilities in the United States
Non-secure confinement:
Includes foster care programs, group homes, family group homes, and rural programs
Secure confinement
Boot camp and training schools
Aftercare
Therapeutic, educational, and counseling programs made available to juvenile delinquents after they have been released from a correctional facility

30. Discussion Question #4:
Many youth training schools are plagued by many of the same problems as adult prisons and jails.
These include:
Inmate-on-inmate violence
Substance abuse
Gang wars
Overcrowding
Does the government have the responsibility of protecting juveniles from these problems common to youth training schools?
Can exposure to these conditions inside training schools be detrimental to the rehabilitation of juvenile offenders?