1. 11
Probation and Parole in Juvenile Justice

2. History of Juvenile Court
English common law considered children as chattel
Children in America were exploited
Child labor was an important part of economic life in the twentieth century
Supreme Court reflected the prevailing belief in laisse-faire capitalism and would not interfere

3. Houses of Refuge First opened in New York in 1825
Provided housing and care for troublesome children
Parens patriae
Originally provided the Crown with the authority to administer the estates of landed orphans
Became the legal basis for the juvenile court

4. Houses of Refuge
In the American colonies, parens patriae concept gave almost complete authority over children to the state
Ex Parte Crouse (1838)
The Bill of Rights did not apply to children
Concept originally applied only to dependent children, but was identified with the rehabilitation of delinquents

5. Child-Saving Movement
Child savers
Upper-class, well-educated, women with access to political and financial resources
Juvenile court was result of their efforts
Juvenile court movement satisfied the humanitarian impulses and most self-interested considerations

6. Emergence of Juvenile Court
Illinois Juvenile Court Act of 1899
1st law creating a special comprehensive court for juveniles
Consistent with the concept of parens patriae
Nonpunitive approach over neglected and dependent children as well as delinquents
Due process safeguards were absent in the juvenile court

7. Emergence of Juvenile Court
Adult Criminal Court
Juvenile Court
Defendant
Charges/indictment
Arraignment
Prosecution/trial
Verdict
Sentence
Imprisonment
Inmate/prisoner
Parole
Respondent
Petition
Hearing
Adjudication
Finding
Disposition
Commitment
Resident
Aftercare

8. Legal Decisions
Juvenile court operated for decades without attention or adherence to due process requirements or scrutiny by the judicial branch of government
Kent v. United States (1966)
Court expressed concern over the lack of due process in the juvenile court
Significant for changing the Supreme Court’s hands-off policy

9. Legal Decisions In re Gault (1967) Juvenile is entitled to:
Written notice of the charges
Right to counsel
Protection against self-incrimination
Right to confront and cross-examine witnesses
Right to have written transcripts and appellate review

10. Legal Decisions In re Winship (1970) McKeiver v. Pennsylvania (1971)
Applied reasonable doubt standard to juvenile proceedings
McKeiver v. Pennsylvania (1971)
Juveniles have no right to a jury trial
Breed v. Jones (1975)
Double jeopardy applies to juveniles - cannot be tired for same offense in adult and juvenile courts

11. Legal Decisions Schall v. Martin (1984) -
Detention cannot be for purposes of punishment and must be strictly limited in time
When juveniles are given adult-like protections, judges more readily depart from the rehabilitative model

12. Juvenile Court Procedures
Systems differ from state to state and even within states
Juvenile court typically handles four types of cases:
Delinquency
Behavior that, if engaged in by an adult, would constitute a crime

13. Juvenile Court Procedures
Juvenile court typically handles four types of cases:
Status offenses
Behavior that, if engaged in by an adult, would not constitute a crime
Provides the basis for governmental intervention
Neglect or abuse
Children who are subjected to neglect or abuse by parents or guardians

14. Juvenile Court Procedures
Juvenile court typically handles four types of cases:
Dependency
Children who do not have parents or guardians available to provide proper care
Situations that come to the attention of authorities are often handled in a manner that does not involve the formal justice apparatus

15. Intake
Juveniles referred to juvenile court are processed through the intake section, which is usually staffed by juvenile court probation officers
First decision to be made at intake is the custodial status of the youngster

16. Intake
Intake permits the court to screen out cases not only on jurisdictional and legal grounds, but also on social dimensions

17. Intake At this stage, the probation officer has a dual function:
Legal function
Requires that the PO determine if the juvenile court has jurisdiction
Also requires that the child and parents be advised of rights

18. Intake At this stage, the probation officer has a dual function:
Social service function
Involves the assessment of the child’s situation
Can provide the basis for adjusting the case, handling it informally without the filing of a petition
This happens in about 50% of the cases reaching the court

19. Intake Informal processing
Juvenile can be placed under supervision of PO, usually for 90 days
Requires an explicit or tacit admission of guilt
If successfully completed, the juvenile may avoid further court processing
If unsuccessful, the PO can file a petition to juvenile court

20. Preliminary Hearing Parties informed of the charges and their rights
Guardian ad litem, advocate for the child, usually appointed
Determines whether the child should remain in custody

21. Preliminary Hearing
1974 Juvenile Justice and Delinquency Prevention Act
“sight and sound” separation for juveniles under juvenile court jurisdiction

22. Adjudicatory Hearing Juvenile Trial
Juvenile may offer plea to petition
Evidence must prove beyond a reasonable doubt that the delinquent act occurred
Status offenses are proved by a preponderance of the evidence

23. Adjudicatory Hearing Juvenile Trial
If sustained, the judge sets a date for a dispositional hearing and orders a predisposition report

24. Predisposition Report
Conducted by the PO
Similar to a presentence report
May include:
Reviews of court, school, police records
Interviews with child, family members, teachers, employers, police, etc.
Results of any psychological or psychiatric examinations
Recommendations

25. Disposition Hearing Disposition refers to the sentence
Traditionally, this stage had been based on the concept of parens patriae
Dispositions were not based on justice but on rehabilitation
Moving more toward a justice model (what the child deserves) rather than a social service model (what the child needs)

26. Status Offenders
Juvenile court involvement has been the subject of controversy
Those in support of court involvement argue that status offenders are not essentially different from delinquents
Opponents argue that the court involvement stigmatizes the juvenile (negatively labeling the offender)

27. Status Offenders Research does not support the labeling argument
Majority of status offenders did not become more serious delinquents
Juveniles adjudicated in juvenile court on their first referral were less likely to have criminal records as adults than those whose referrals were delayed until further misbehavior

28. Juvenile Court Judges
National Council of Juvenile Court Judges - provides training
Some jurisdictions use referees or masters
Specialized attorneys who represent the judge and hold certain juvenile court hearings

29. Dispositions
Juveniles sometimes released to the custody of their parents
Others placed in various private facilities

30. Dispositions
Basic to disposition in juvenile court is concept of least restrictive alternative (disposition should not be more restrictive than that which will adequately serves the needs of the child)

31. Probation Supervision
For those not seriously delinquent
Juveniles will have to follow specified conditions
PO will involve the family and meet with the young person on a regular basis
Many orders of probation require restitution or community service

32. Group Home Residential treatment for non-serious juvenile offenders
Can be publicly or privately operated
Typical home – approximates large-single family dwelling
Each resident has daily chores, attends local school
Usually located in residential areas, but often meet resistance from the communities

33. Residential Treatment Center
Private and public institutions that provide residential care for youngsters, with or without intervention of the court and devoid of coercive elements associated with correctional facilities
Provide a wide variety of enriched services

34. Residential Treatment Center
Private centers can mix adjudicated delinquents, status offenders, and voluntary clients

35. Secure Facilities/Training School
Public institution that accepts all youngsters committed by the courts
Committed based on four criteria
Finding of fact
Parents unable to control the child
No other child welfare
Child needs services available at the training school

36. Aftercare and Parole Aftercare
planned release of a juvenile from a residential placement to supportive services in the community
Aftercare supervision is similar to probation supervision
Services usually provided by the same state agency that administers the juvenile training schools

37. Juveniles in Criminal Court
All states have transfer laws that allow or require criminal prosecution of some young offenders, even though they have not reached jurisdictional age
Annually 20,000 juvenile cases are transferred to criminal court

38. Juveniles in Criminal Court
Three basic ways to transfer cases:
Legislative exclusion
Judicial waiver
Prosecutorial discretion
Only about 1.5 percent of petitioned delinquency cases are transferred to criminal court

39. Blended Sentence Tried as a juvenile with full rights
If convicted, they are given an adult sentence, which is applied only if they do not satisfactorily complete the juvenile court disposition
Depending on the state, youth tried in adult criminal court, may be sent to an adult or a juvenile institution

40. Key Terms House of refuge Parens patriae Legal function
Status offenders
Informal probation
Guardian ad litem
Petition
Aftercare

41. Key Terms Training school Justice model Adjudicatory hearing
Predisposition report
Social service model
Least restrictive alternative
Residential treatment center
“Sight and sound” separation

42. Key Terms
Child saving movement
Social service function