1. LESSON OBJECTIVES Chapter 4: A Separate System for Juveniles
Criminal Justice BHS Law Related Education
Chapter 4: A Separate System for Juveniles
Chapter 4: A Separate System for Juveniles
LESSON OBJECTIVES
4-1 Analyze and define the legal doctrine of parens patriae
4-2 Explore juvenile court jurisdiction and identify the classification of juvenile offenders
4-3 Comprehend adjudication in juvenile court and learn the rights of juveniles
Ch. 4 Case Study: The Saga of Lionel Tate

2. Should a 7 year-old be charged with a crime?
Criminal Justice BHS Law Related Education
Chapter 4: A Separate System for Juveniles
Ch. 4-2 Juvenile Court Jurisdiction
Classification of juvenile offenders-The jurisdiction of the juvenile court includes three categories of juvenile offenders.
Delinquents—youths who commit acts that would be defined as criminal for an adult, including misdemeanors and felonies.
Status offenders—youths who commit acts that would not be defined as criminal if committed by an adult (for example, truancy, running away from home, and curfew violations).
Dependent and neglected children—youths who are deprived and in need of support and supervision.
Under common law, the minimum age for holding a person accountable for criminal behavior is 7. Most states set the maximum age at 17 years of age.
Should a 7 year-old be charged with a crime?

3. The seriousness of the crime
Criminal Justice BHS Law Related Education
Chapter 4: A Separate System for Juveniles
Ch. 4-2 Juvenile Court Jurisdiction
Police Discretion-Police exercise enormous discretion in dealing with juvenile offenders. They have the following options:
Release and warn.
Release and file a report.
Take the youth to the police station and make a referral to a community youth-services agency, a practice called diversion.
Refer to juvenile court intake, without detention.
Refer to juvenile court intake, with detention.
What is the most important factor influencing police decisions regarding juveniles?
The seriousness of the crime

4. Criminal Procedure in Juvenile Cases
Criminal Justice BHS Law Related Education
Chapter 4: A Separate System for Juveniles
Ch. 4-2 Juvenile Court Jurisdiction
Criminal Procedure in Juvenile Cases
In dealing with juveniles, police must give Miranda warnings to youths prior to custodial interrogation.
The U.S. Supreme Court has ruled that school officials can conduct warrantless searches of students and their lockers if they have a reasonable suspicion (not Probable Cause) that the searches will yield evidence of school or criminal law violations.

5. The major purposes for locking up juveniles in detention centers are;
Criminal Justice BHS Law Related Education
Chapter 4: A Separate System for Juveniles
Ch. 4-2 Juvenile Court Jurisdiction
Detention-A police or school referral to juvenile court can be made with or without detention.
Most state laws require a detention hearing to decide whether to release the child to his or her parents or retain custody.
Detention is the temporary jailing of youths who are awaiting disposition of their cases.
The major purposes for locking up juveniles in detention centers are;
To secure their presence at court proceedings.
To hold those who can't be sent home because parental supervision is lacking.
To prevent them from harming themselves and to prevent crimes (preventive detention).
To punish.

6. Juvenile Intake Unit Ch. 4-2 Juvenile Court Jurisdiction
Criminal Justice BHS Law Related Education
Chapter 4: A Separate System for Juveniles
Ch. 4-2 Juvenile Court Jurisdiction
Juvenile Intake Unit
The police can refer a youth to the juvenile court rather than handle the case informally.
The case goes to a probation officer working in an intake unit of the juvenile court to determine whether there is probable cause to believe the accused youth committed a crime.
The major function of intake is to decide whether there is enough evidence supporting the charges against a youth to send the case to a juvenile court judge.

7. Certification: Trying Juveniles as Adults
Criminal Justice BHS Law Related Education
Chapter 4: A Separate System for Juveniles
Ch. 4-2 Juvenile Court Jurisdiction
Certification: Trying Juveniles as Adults
Juvenile cases are moved to adult criminal court by a process called certification (waiver of jurisdiction).
The decision as to whether to transfer a case is made by a juvenile court judge at a transfer hearing, usually at the request of the prosecutor.
The effect of a waiver is to deny a juvenile the protection of the juvenile court and to subject the juvenile to the possibility of receiving harsh punishment.
The Supreme Court ruled in Stanford v. Kentucky (1989) that the death penalty can be imposed for crimes committed by juveniles as young as 16.