1. Juvenile Justice, Probation, & Parole
Chapter 13
Juvenile Justice, Probation, & Parole

2. Introduction
Although the rate of juvenile crime has declined, juvenile arrests account for 17% of all violent crimes & 26% of all property crimes each year in the U.S.
Based on the concept of parens patriae, the juvenile justice system seeks to do what is best for the welfare and safety of each juvenile’s situation
On the other hand, the theory of just deserts advocates accountability for youth offenders.

3. Juvenile & Adult Systems Compared
Despite the growing similarity between juvenile & adult criminal proceedings, some differences persist:
The juvenile court judge takes a more active role than judges in adult courts
Juvenile judges & intake officers have more discretion than with adults to dismiss or divert a case, or choose from an array of graduated sanctions
Punishment is less severe in the juvenile system

4. Differences in Systems
Despite the differences, in many respects the differences between the 2 systems are more terminological than substantive
The terms have minimal impact on the process because the procedures are similar regardless of the language used
For example, sentencing and disposition both subject the offender to lawfully prescribed sanctions, including incarceration

5. Jurisdiction of Juvenile Courts
The jurisdiction of juvenile courts varies from state to state and is based on:
Age: most states have a youngest age of 10 and an oldest age of 17 years at the time the act was committed
Acts committed: are based on 2 types:
Juvenile delinquency: acts punishable under the state’s penal code
Conduct in need of supervision (CINS): acts that would not be punishable if committed by adults
Juveniles as victims: of abuse or neglect

6. Delinquency & gender differences

7. Waiver to Adult Court
All states provide the means for the transfer of jurisdiction from juvenile to adult courts by 1 of the following ways:
Judicial Waiver: the juvenile judge has the authority to transfer the case
Concurrent Jurisdiction (prosecutorial waiver): jurisdiction is shared by both courts & discretion lies with the prosecutor to file in either court
Statutory exclusion: the state legislature excludes certain juvenile offenders from juvenile court jurisdiction, requiring they be directly filed in adult criminal courts

8. Waiver to Adult Court, cont’d
Once transferred, the juvenile becomes an adult for purposes of the trial & sentence
In theory, the transfer decision rests on:
Severity of the offense
Prior juvenile record
Responses juvenile had to prior juvenile supervision & treatment
Future danger to the community

9. Overview of the Juvenile Justice Process
Procedure before Adjudication
Juvenile behavior is brought to the attention of the government by diverse sources
Juvenile cases can be handled formally or informally
The Intake Stage: a probation officer screens the juvenile to determine how the case should proceed:
A warning is sufficient
An outside referral to social service agency or drug court
Diversion
The case should move toward adjudication in the juvenile system
The case is serious enough to consider a waiver to adult court

10. Overview of Juvenile Justice Process, cont’d
A delinquency petition is filed if the case is handled formally
Juvenile diversion is similar to diversion in the adult system & includes a period of supervision under certain conditions
Intake may also include crisis intervention & screening for detention
A juvenile may be detained by the police for up to 24 hours
Detained juveniles must be separated from adults by “sight & sound” per federal law

11. Juvenile Justice Process
Adjudication: the equivalent of a trial in adult court
Proceedings are less formal than adult court, the judge is more active, juveniles do not have the right to a jury trial or to bail
In re Gault (1967): the leading due process case in juvenile justice
The U.S. Supreme Court said that “neither the Fourteenth Amendment nor the Bill of Rights is for adults alone”
In re Gault was the first case decided by the U.S. Supreme Court that gave juveniles due process rights, but it was also the beginning of the decline of the pure parens patriae approach

12. Case Flow of delinquency cases after arrest

13. In re Gault’s Due Process Rights
Juveniles must be given 4 basic due process rights in adjudication hearings that can result in confinement in an institution:
Reasonable notice of the charges
Counsel, appointed by the state if the juvenile is indigent
The ability to confront & cross-examine witnesses
The privilege against self-incrimination

14. Case Outcomes of adjudicated vs
Case Outcomes of adjudicated vs. non- adjudicated cases in juvenile court, 2007

15. Youth Courts
Youth courts are conducted by youth who act as jurors to judge youthful offenders who have committed less serious delinquent acts & do not have prior records
Youth courts can be tied to juvenile courts, or sponsored by a school or private community agency
Such courts are examples of restorative justice
The effectiveness of youth courts is unclear

16. Disposition Stage
Disposition: the equivalent of sentencing in adult court
Blended sentences: state laws that allow juvenile judges to impose both juvenile & adult correctional sanctions
In some states, the sentence starts in the juvenile system but when the offender reaches adulthood, the case is transferred to the adult system
In other states, the adult sanction is suspended unless the juvenile violates the juvenile sanction
Blended sentences are a “middle ground” between traditional juvenile & adult sanctions
21 states currently have some form of blended sentencing laws

17. Residential Placement for Juveniles
For more serious crimes, some states have determinate sentencing laws that require a minimum number of years confined in a secure institution
About 25% of adjudicated youth are sent to residential placement, ranging from very secure facilities that youth cannot leave to facilities that are not secure
Group homes are the least restrictive residential placement
The trend is toward decreasing the percentage of youth sent to large secure institutions & using smaller community-based facilities & other community alternatives

18. Juvenile Probation
Probation is the disposition most often used by judges when formally adjudicating juvenile delinquency cases
Formal probation occurs after a hearing when the judge finds a youth has committed a delinquent act
Informal probation occurs when a youth volunteers to be placed on probation prior to adjudication
Over the last 2 decades, the number of formal probation cases has increased & informal probation cases have decreased

19. Conditions of Probation
Juvenile judges have considerable discretion when imposing probation conditions
Conditions include those designed both to control & rehabilitate the juvenile, & can be both mandatory & discretionary
Changing attitudes & behaviors is difficult & painstaking. The change process is the essence of juvenile probation.
Jacobs (1990) calls juvenile probation officers modern day “superheroes” & praises their creativity & sacrifice

20. ISP & School Based Probation
Intensive Supervision Probation (ISP): intensive surveillance & contact designed for serious & chronic offenders who would otherwise be committed to a correctional facility
School-based probation places probation officers in schools, with access to a lot of information traditional officers would not have access to
Benefits of school-based probation are: more contact, direct observation, increased school success, & reduced misbehavior at school

21. Legal Issues in Juvenile Probation
In Fare v. Michael C. (1985), the Supreme Court determined that:
Asking to speak with a juvenile probation officer after receiving Miranda warnings, is not equivalent to asking for a lawyer & is not an assertion of the right to remain silent
Communications between a juvenile & his probation officer are not privileged
A probation officer’s loyalty is to the state, not the probationer

22. Significant Legal Cases
Kent v. United States, 383 U.S. 541 (1966): Juveniles must be given due process rights when transferred from juvenile to adult court
In re Winship, 397 U.S. 358 (1970): Proof beyond a reasonable doubt, not simply a preponderance of the evidence, is required in juvenile adjudication hearings in cases where the act would have been a crime if committed by an adult
Breed v. Jones, 421 U.S (1975): Juveniles are entitled to the constitutional right against double jeopardy in juvenile proceedings

23. Significant Legal Cases, Cont’d.
Schall v. Martin , 467 U.S. 253 (1984): Preventive detention of juveniles is constitutional
New Jersey v. T.L.O, 469 U.S. 325 (1985): Public school officials need reasonable grounds to search students; they do not need a warrant or probable cause
McKeiver v. Pennsylvania, 403 U.S. 528 (1971): Juveniles have no constitutional right to trial by jury even in juvenile delinquency cases where the juvenile faces possible incarceration

24. Significant Legal Cases, Cont’d.
Roper v. Simmons, 543 U.S. 551 (2005): It is unconstitutional to execute juveniles who committed their crime before the age of 18
Graham v. Florida, 560 U.S. ____ (2010): Juveniles may not be sentenced to life without parole for a non- homicide offense because the punishment is cruel & unusual

25. Juvenile Parole/Aftercare
Juveniles released from state institutions are released to aftercare, which is equivalent to parole
The release decision is left to the discretion of institutional officials, except in the 5 states that have juvenile parole boards
The federal Chafee Foster Care Independence Act provides monetary assistance to states to develop programs & provide vouchers to former foster care youth between 16 and 21

26. Juvenile Parole Officers
Juvenile parole officers have similar duties as adult officers:
Conduct predispositional & other investigations as directed
Prepares written reports & recommendations to the court or parole board
Supervise juveniles on parole
Take juveniles in custody who violate parole & prepare information for court or parole board
Coordinate with court, law enforcement, service providers, family in making dispositional decisions
Provide family-centered intervention
Coordinate suitable out-of-home care when required
Manage cases to ensure plans are carried out & deadlines met

27. Revocation of Probation or Parole
The revocation rate for delinquent youths is high: between one-third up to one-half will commit a new offense on supervision, & more will be revoked for technical violations
The revocation process works the same way as for adults
Revocation can result in the juvenile probationer or parolee going to an institution for juveniles

28. Juvenile Records
Generally, juvenile records are available to licensing agencies, employers, & educational institutions upon request & under certain circumstances
The fact that a juvenile is on probation is a matter of public record in most states but the details are confidential
Some states impose restricted access when the individual turns 21, except for certain violent crimes & waivers to adult court
Confidentiality of juvenile records is not a constitutional right & may be lifted by state law
Confidentiality has been diminished over the years

29. Future of Juvenile Justice
The juvenile justice system is over 100 years old, & in that time, it has undergone a huge transformation into the system we have today
While the future of the juvenile court as a separate entity from the adult system is still debated, the juvenile system we have today seems to be more balanced with elements of both rehabilitation & punishment.
Evidence-based practices will contribute to a more successful system

30. Transferring Juveniles to the Adult System
According to the Campaign for Youth Justice in Washington, D.C., ten states have made it more difficult to transfer youths to adult courts, marking a recent trend to keep juvenile offenders out of the adult correctional system.
juvenileWEB1_ST_N.htm#

31. Transferring Juveniles to the Adult System
The Office of Juvenile Justice & Delinquency Prevention reported in 2010 that the research shows there is a higher recidivism rate among offenders who have been transferred to the adult criminal justice system, compared to those kept in the juvenile justice system.
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32. Transferring Juveniles to the Adult System
According to that same report, experts have identified possible reasons for the higher recidivism rates of violent juvenile offenders tried in criminal courts:
Being stigmatized & other negative effects of labeling juveniles as convicted felons
A sense of resentment & injustice that juveniles feel about being tried as adults
Learning criminal values & behavior while incarcerated with adult offenders
A decreased focus on rehabilitation & family support that exists in the adult system