1. Juvenile Justice system
CJ in the USA:
Juvenile Justice system
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2. Upon completion of this Module, the student will be able to:
Understand the reasons for separate juvenile court jurisdictions
Communicate the treatment juveniles traditionally received in the corrections system
Identify cases that have significantly affected juvenile rights
Explain status offenses
Explore the facts about gangs in the 21st century
Describe juvenile corrections options
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Introduction
We have separate juvenile systems to handle offenders who are considered minors
U.S. Department Office of Juvenile Justice and Delinquency Prevention
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4. Juvenile Legal Process
Separate system of corrections and adjudication for juveniles
Police function is often the same as adult system
Larger departments have a juvenile division or unit
Prosecutor offices have separate unit for juvenile offenders
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Juvenile Courts
Juvenile courts have jurisdiction over persons younger than 18, or in some cases age 16 or 17
Juvenile cases are considered civil, not criminal, matters
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Juvenile Courts
Post-offense, an intake hearing determines what actions should be taken
Remand youth to parental custody
Remand youth to parental custody with provisions
Divert youth to dispute resolution
Refer youth to prosecutor for further action
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7. Juvenile Standard of Proof
Juvenile court procedure
“Preponderance of the evidence”
Evidence indicates the juvenile more likely than not committed the offense
If the juvenile is incarcerated, then “beyond a reasonable doubt” is imposed
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8. Juvenile Standard of Proof
Dispositions
Equivalent to an adult sentence
Available dispositions include:
Nominal – verbal warnings or reprimands
Conditional – juvenile probation, community service, counseling
Custodial – non-secure or secure juvenile facility
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9. Juvenile Standard of Proof
When a juvenile commits a serious crime
Prosecutor can ask juvenile court to waive jurisdiction and transfer to adult court
Factors include:
Age and maturity
Seriousness of offense
Availability of appropriate resources
Danger posed by releasing offender upon adulthood
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Rights of Juveniles
Juveniles are entitled to due process rights
Parens Patriae doctrine allows state to take quasi- parental role
Important Court Cases
1960s cases expanded the rights of juveniles
Kent v. United States (1966)
In re Gault (1967)
McKeiver v. Pennsylvania (1971)
Breed v. Jones (1975)
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Rights of Juveniles
Expanding juvenile rights has had both positive and negative effects, including:
Juveniles have many of the same Constitutional rights as their adult counterparts
More explicit sentencing guidelines
Fewer individualized rehabilitative treatments
Greater likelihood of acquiring a juvenile record
Greater likelihood of being transferred to adult criminal court
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Status Offenses
Traditional status offenses
Chronic truancy
Running away
Incorrigibility
Curfew violations
Possession of alcohol and tobacco
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Gangs
Youth gangs have become increasingly visible over the past few decades
Normally organized along ethnic and racial lines
In response to increased gang violence, police treat offenders more like adults when serious crimes are committed
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14. Youth Gangs: Myths and Facts
Gangs consist of violent males
Most gangs are African-American or Hispanic only
Gangs deal heavily in drugs
There is nothing good about being a gang member
Facts
Many gangs are not violent; increase in number of female gangs
There are Asian, Caucasian, and other ethnicities in gangs
Some gangs deal in drugs, while others do not
Gangs provide a sense of family/support to members
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Juvenile Corrections
Goals of juvenile corrections include:
Deterrence
Rehabilitation and reintegration
Prevention
Punishment and retribution
Isolation and control
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Juvenile Corrections
Juvenile corrections methods designed to achieve these goals include:
Non-secure detention or probation
Secure detention
Foster homes
Group homes and halfway houses
Camps, ranches, wilderness projects
Shock probation
Boot camps
Parole
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Summary
Juveniles have a separate correction system based on their needs.
A juvenile offense is a civil case and the offender is considered a delinquent rather than a criminal.
Juvenile court has a different standard of proof – preponderance of the evidence.
Juvenile gangs remain a problem.
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