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Juvenile Justice

2. Juvenile Justice Throughout History
Delinquency
Juvenile actions or conduct in violation of criminal law, juvenile status offenses, and other juvenile misbehavior
Before the modern era, children who committed crimes in the Western world received no preferential treatment.
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3. Juvenile Justice Throughout History
They were adjudicated and punished alongside adults.
Early philosophy in dealing with juveniles derived from an ancient Roman principle called patria potesta.
Children were members of the family, but the father had absolute control over them.
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4. Juvenile Justice Throughout History
Parens Patriae
A common law principle that allows the state to assume a parental role and to take custody of a child when he or she becomes delinquent
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5. Juvenile Justice Throughout History
By the end of the 18th century, the Enlightenment emphasized human potential.
By the middle of the nineteenth century "houses of refuge" were developed to save children from lives of crime and poverty.
The American "Child-Savers" Movement
Reform school

6. The Juvenile Court Era
In 1899, codification of Illinois juvenile law became the model for juvenile court statutes throughout the nation.
The Illinois Juvenile Court Act created a juvenile court.
Applied the term "delinquent" rather than "criminal" to avoid lasting stigma
In 1938, the federal government passed the Juvenile Court Act.
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7. The Juvenile Court Era Juvenile court movement
Judges were to serve as advocates for juveniles.
Determination of guilt or innocence took second place to the betterment of the child.
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8. The Juvenile Court Era
The juvenile court movement was based on five philosophical principles.
The state is the "higher or ultimate parent" of all the children within its borders.
Children are worth saving, and nonpunitive procedures should be used to save them.
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9. The Juvenile Court Era
The juvenile court movement was based on five philosophical principles.
Children should be nurtured and protected from the stigmatizing impact of formal adjudicatory procedures.
Each child is different, and the needs, aspirations, living conditions, etc., of each child must be known if the court is to be helpful.
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10. The Juvenile Court Era
The juvenile court movement was based on five philosophical principles.
Noncriminal procedures are necessary to give primary consideration to the needs of the child.

11. Categories of Children in the Juvenile Justice System
Status Offense
An act or conduct that is declared by statute to be an offense, but only when committed by or engaged in by a juvenile, and that can be adjudicated only by a juvenile court
Status offenses were a natural outgrowth of juvenile court philosophy.

12. The Legal Environment Preventive detention cannot be imposed without:
Prior notice
An equitable detention hearing
A statement by the judge setting forth the reasons for detention

13. Legislation Concerning Children and Justice
Omnibus Crime Control and Safe Streets Act of 1968
Provided money and technical assistance to states and municipalities seeking to modernize their justice systems
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14. Legislation Concerning Children and Justice
Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974
Provided federal grants to states and cities seeking to improve their handling and disposition of delinquents and status offenders
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15. Legislation Concerning Children and Justice
Participating states had to meet two conditions:
Agree to a "sight and sound separation mandate"
Status offenders had to be deinstitutionalized
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16. Legislation Concerning Children and Justice
Reauthorized funding of JJDP in 1980
Separation mandate was expanded to require that separate juvenile jails be constructed by the states.
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17. Legislation Concerning Children and Justice
By 1988, nearly half of the states had failed to come into "substantial compliance" with the new jail and lockup removal mandate.
Disproportionate minority confinement (DMC)

18. The Legal Rights of Juveniles
Today, most jurisdictions have statutes designed to extend the Miranda provisions to juveniles.
It is unclear whether juveniles can legally waive their Miranda rights.
New Jersey v. T.L.O. (1985)
Prohibited school officials from engaging in unreasonable searches of students or their property
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19. The Legal Rights of Juveniles
A search would be considered reasonable if:
The search is based on a logical suspicion of rule-breaking actions.
The search is required to maintain order, discipline, and safety among students.
The search does not exceed the scope of the original suspicion.

20. The Juvenile Justice Process Today
A few states have set the age at 16 or 17 for juvenile court jurisdiction.
Exclusive jurisdiction applies when the juvenile court is the only court that has statutory authority.
All 50 states have provisions that allow juveniles who commit serious crimes to be bound over to criminal court.
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21. The Juvenile Justice Process Today
Where juvenile court authority is not exclusive, the jurisdiction of the court may be original or concurrent.
Original jurisdiction means that a particular offense must originate with juvenile court authorities, and juvenile courts have original jurisdiction over most delinquency petitions and all status offenses.
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22. The Juvenile Justice Process Today
Where juvenile court authority is not exclusive, the jurisdiction of the court may be original or concurrent.
Concurrent jurisdiction exists where other courts have equal statutory authority to originate proceedings.

23. Adult and Juvenile Justice Compared
Juvenile court philosophy differs from the adult system.
Reduced concern with legal issues of guilt or innocence and an emphasis on the child's best interest
Emphasis on treatment rather than punishment
Privacy and protection from public scrutiny through the use of sealed records, etc.
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24. Adult and Juvenile Justice Compared
Juvenile court philosophy differs from the adult system.
Use of the techniques of social science in dispositional decision-making
No long-term confinement
Separate facilities for juveniles
Broad discretionary alternatives at all points in the process

25. How the System Works Intake
The first step in decision-making regarding a juvenile whose behavior (or alleged behavior) is in violation of the law
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26. How the System Works Juvenile Petition Preliminary Hearing
A document filed in juvenile court alleging that the juvenile is a delinquent and asking that the court assume jurisdiction
Preliminary Hearing
To determine if there is probable cause to believe that the juvenile committed the alleged act
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27. How the System Works Transfer Hearing
Focus on whether transfer statutes apply to the case under consideration, whether the juvenile is amenable to treatment through the resources available to the juvenile justice system
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28. How the System Works Adjudicatory Hearing
The fact-finding process wherein the juvenile court determines whether there is sufficient evidence to sustain the allegations in a petition
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29. How the System Works Dispositional Hearing
The final stage in the processing of adjudicated juveniles, in which a decision is made on the form of treatment or penalty that should be imposed on the child
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30. How the System Works Teen Court
An alternative to juvenile justice in which alleged offenders are judged and/or sentenced by a jury of their peers
Hundreds of teen courts are in operation across the country.
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31. How the System Works Juvenile Disposition
The decision of a juvenile court that concludes a dispositional hearing
Most judges decide not to confine juveniles.
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32. How the System Works
Probationary disposition usually means that juveniles will be released into the custody of a parent or guardian and ordered to undergo some form of training, education, or counseling.

33. Secure Institutions for Juveniles
Most confined juveniles are held in semi-secure facilities.
Designed to look less like prison and more like residential high school campuses
Halfway houses, "boot camps," ranches, forestry camps, wilderness programs, group homes
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34. Secure Institutions for Juveniles
The operative philosophy of custodial programs for juveniles focuses squarely on the rehabilitative ideal.
Juveniles are usually committed to secure facilities for indeterminate periods of time.
Typical stay is less than one year
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35. Secure Institutions for Juveniles
Release is often timed to coincide with the beginning or the end of the school year.
Most juvenile facilities are small, with 80% designed to hold 40 residents or fewer.

36. Characteristics of Juveniles in Confinement
The majority (85.5%) were male.
39.4% Caucasian, 38.9% African American, 17.3% Hispanic
About 6.5% institutionalized for committing a status offense
Less than half (42.4%) were in residential facilities for a serious personal or property crime.

37. Overcrowding in Juvenile Facilities
Overcrowding exists in many juvenile institutions.
Problems occur with living space, health care, security, and control of suicidal behavior.
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38. Overcrowding in Juvenile Facilities
Drug/alcohol offenders is the fastest-growing category of detained juveniles.
Juvenile corrections has become increasingly privatized, and a number of states use private facilities.

39. The Post-Juvenile-Court Era
Transfer provisions
Blended Sentence
A juvenile court disposition that imposes both a juvenile sanction and an adult criminal sentence
Confidentiality changes
Victims' rights